POS1041: National Goverment Ch.4 Smartbook Assignment

The right of the individual to be left alone to make decisions freely is known as the right to

privacy

According to the establishment clause, the government is required to

remain neutral toward all religious institutions.

Given the governmental interest in protecting the health of society, commercial speech related to tobacco advertising is:

restricted

The rapid development of surveillance technologies is the greatest threat to which of the following rights?

right to privacy

Which of the following constitutional amendments establish formal rules for conducting a trial? (Choose every correct answer.)

the Fifth Amendment the Sixth Amendment

Which of the following amendments contribute to ensuring criminal due process? (Choose every correct answer.)

the Sixth Amendment the Fifth Amendment the Fourth Amendment the Eighth Amendment

Selective incorporation

the process by which the Supreme Court has gradually applied freedoms that serve some fundamental principle of liberty to the states

Which of the following are established protections according to Miranda v. Arizona? (Choose every correct answer.)

the right to remain silent the right to an attorney

Total incorporation

the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights

A major difference between separationists and accomodationists is whether

there should be a solid wall between government and religion.

Compared with political speech, the government affords commercial speech:

less protection

Constitutional guarantees that protect citizens, opinions, and property are known as civil

liberties

Based on their experiences with the British, what types of government action did the framers of the Constitution seek to protect citizens against? (Choose every correct answer.)

limitations on speech confiscation of property censorship

Time, place, and manner restrictions on public assembly seek to control what type of behavior?

loud or violent protests that threaten public peace

What function do the criminal due process rights in the Fourth, Fifth, Sixth, and Eighth Amendments fulfill?

They establish guidelines for law enforcement, trial, and punishment.

True democracy Blank______ when the government controls the press.

cannot survive

The Supreme Court's ruling in District of Columbia v. Heller dramatically changed the meaning of the Second Amendment by

confering to citizens an individual right to possess a firearm for lawful purposes.

The exclusionary rule forbids

courts to admit illegally seized evidence during a trial.

Which constitutional rights safeguard those accused of crimes and constrain government investigations, trials, and punishments?

criminal due process rights

The Eighth Amendment provides protection against the imposition of ____ and unusual punishment.

cruel

exercise clause prohibits the government from taking hostile action toward individuals' practice of their religion.

free

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the Blank______ clause.

free exercise

What was the distinction that the Court made in granting students wearing armbands in Tinker v. Des Moines First Amendment protections but not extending those same protections to people burning draft cards in U.S. v. O'Brien?

In outlawing the burning of draft cards, the government had a legitimate purpose apart from the suppression of political expression.

State-funded programs, based on the Supreme Court decision in Lemon v. Kurtzman, are unable to withstand scrutiny under the establishment clause if the program

has a significant effect on advancing a religion.

How is the legal standard for the right to privacy established?

implicitly within the Bill of Rights, supported by the Supreme Court rulings

The Supreme Court ruled that the Constitution protects two types of freedom of association, including ____ associations, which are close human relationships maintained as part of an individual's personal liberty.

intimate

Which of the following have helped to cause a decline in press freedoms?

Crackdowns on sources of information in the government Polarization and the expansion of partisan media Expansion of the Internet and social media

The Court will generally allow government support for religious schools, programs, and institutions if the support does which two of the following?

Does not specifically endorse a particular religious belief Advances a secular goal

Which of the following questions arise when interpreting the First Amendment's establishment clause? (Choose every correct answer.)

Does the clause prohibit the government from preferring one religious sect over another? Does the clause prevent any kind of government support for religion?

True or false: Freedom of speech includes spoken or written language but not symbolic actions such as picketing or wearing an armband to signify a protest.

False

True or false: The last category of civil liberties that bear directly on civic engagement consists of the criminal due process protections established in the First, Second, Seventh, and Eighth Amendments.

False

True or false: Under the First Amendment, the government may not limit or prohibit any form of political expression

False

The purpose of the Miranda rights statement is to remind suspects of their

Fifth Amendment right against self-incrimination.

Which amendment requires police to get a warrant before engaging in a search?

Fourth Amendment

Which of the following are central to the democratic process? (Choose every correct answer.)

Freedom to speak openly about politics Freedom to speak openly about the government

The landmark case that firmly established the right to privacy is Blank______.

Griswold v. Connecticut

Which of the following arguments relate to the controversy surrounding the Second Amendment? (Choose every correct answer.)

Gun ownership creates a free and safe society. Easy access to firearms is a threat to public safety.

According to a lawsuit filed by the American Civil Liberties Union in 2019, the Department of Homeland Security has targeted journalists who were covering

issues related to migrants on the Mexican border.

Accommodation

The establishment clause allows the government to support any religious group as long as it does not rise to the level of an official state religion.

Separationism

The establishment clause does not allow for any support of religious sects.

Which of the following freedoms in the Bill of Rights specifically encourage community and civic engagement? (Choose every correct answer.)

The freedom of religion The freedom of privacy The freedom of criminal due process

True or false: Central to the democratic process is the freedom to speak critically about government and politics.

True

In McDonald v. Chicago, the Supreme Court expanded its earlier decision in Columbia v. Heller to state that

an individuals' right to bear arms applies also to state and local law.

Constitutionally guaranteed civil liberties exist to protect Americans from

arbitrary government interference against citizens, opinions, and property.

True or false: Every state allows for some form of concealed-carry protection, which allows citizens to have weapons on them or in close proximity.

True

Based on the exclusionary rule, evidence that is illegally obtained Blank______ be used in a trial.

cannot

Which of the following best describes positive acts of government intended to protect individuals against arbitrary or discriminatory actions?

civil rights

What does the Fifth Amendment prohibit? (Choose every correct answer.)

compelled self-incrimination double jeopardy

The First Amendment clause that prohibits the government from passing any laws that establish an official religion is known as the ____ clause.

establishment

The ____ clause of the First Amendment requires government neutrality toward religious institutions, whereas the

establishment

The Blank______ clause of the First Amendment bans the state from helping religious institutions, whereas the Blank______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free exercise

The Supreme Court ruled that the Constitution protects two types of freedom of association, including ____ associations, through which Americans form associations with others and practice their First Amendment freedoms.

expressive

The Fourth, Fifth, Sixth, and Eighth Amendments provide citizens with

guaranteed procedures throughout the criminal justice system.

Parochial-school programs that are likely to withstand scrutiny under the Supreme Court's Lemon test

have a secular purpose, advance religion only incidentally, and do not entangle church and state excessively.

In which of the following instances would a warrantless search be valid?

if there is no reasonable expectation of privacy

Why has the Supreme Court placed restrictions upon the freedom to assemble?

in order to preserve order and public safety

The role of the Bill of Rights is to Blank______ government power.

limit

The concept based on the belief that authentic discourse depends on free and unrestrained discussion of different points of view is known as the Blank______ of ideas.

marketplace

Symbolic speech

nonverbal communication such as picketing or wearing an arm band to signify protest

Thomas Jefferson argued that the First Amendment built a Blank______ between church and state.

wall of separation

According to the Constitution, a reasonable search is one where the police have obtained a(n)

warrant

Which of the following would be a case involving the free exercise of religion?

A man practicing polygamy because his religion sanctions it

Griswold v. Connecticut established the right to privacy for birth control, allowing Roe V. Wade to extend the right to:

Abortion

Which of the following is the subject under consideration in Roe v. Wade?

Abortion

Which of the following parts of the U.S. Constitution explicitly recognizes and protects individual liberties?

Bill of Rights

Why is freedom of speech important to the democratic process? (Choose every correct answer.)

Citizens must be able to share information and ideas. Citizens must be able to publicly criticize their government.

The freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement?

Community

According to a 1984 case, what two kinds of freedom of association does the Constitution protect?

Intimate associations Expressive associations

How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?

It passed the Flag Protection Act, which was subsequently struck down by the Court.

Which of the following statements about evidence that is subject to the exclusionary rule are true?

It was gathered illegally.

What type of speech is unlikely to be limited or prohibited?

Political speech

Neutrality

The establishment clause allows the government to provide nonbiased support toward all religious groups.

Which of the following about constitutional protections for free speech is accurate?

Some forms of speech can be limited or prohibited by the government.

What is one concern in expanding the government's authority during times of national emergency?

Such actions will limit an individual's First Amendment rights.

What case tested the Court's commitment to protecting symbolic speech of a highly unpopular nature by asking it to evaluate an individual's conviction under state law for burning the American flag?

Texas v. Johnson

How did the Supreme Court rule in the case of Texas v. Johnson?

The Court ruled that flag burning is symbolic political speech protected under the First Amendment.

How did the Supreme Court rule in U.S. v. O'Brien, which addressed the constitutionality of the government punishing Vietnam War protesters for destroying or mutilating draft cards in the name of free speech?

The Court upheld the punishment, as the purpose of the cards was to facilitate the draft rather than to suppress speech.

On what basis have members of the alt-right challenged universities that hesitate to allow them to speak on campus?

The First Amendment

Which amendment within the Bill of Rights specifically mentions the right to privacy?

There is no direct mention of privacy in the Bill of Rights.

How has the Supreme Court generally interpreted the establishment clause in their rulings over time?

There is no set interpretation. The Court has often shifted back and forth in its opinions.

True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.

True

True or false: The United States has recently experienced a decline in press freedom despite the formidable cultural and constitutional protections this institution enjoys.

True

In light of our polarized political system, which of the following free speech issues have some of the nation's elite universities had to consider?

Whether to allow alt-right speakers who were galvanized by white supremacy to speak on campus

According to the Supreme Court, when considering the reasonableness of a search, the strictest interpretation requires which of the following?

a warrant

The Supreme Court's clear and present danger test, as established in the Schenck v. U.S. case,

allows authorities to silence speech when it poses a threat that the government could prevent.

A major concern with the development of new forms of data-collection technology is that they will

sacrifice citizens' privacy and liberty.

Citizens who support gun control laws claim that are seeking a Blank______ society.

safer

Which of the following approaches to incorporation would consider each Bill of Rights protection individually, on a case-by-case basis?

selective incorporation

Which of the following is the strictest interpretation of the establishment clause?

separationism

Before the War for Independence, Great Britain often took measures to Blank______ the press.

silence

Pure speech

spoken words communicating ideas, opinions, or information

In Mapp v. Ohio, the Supreme Court extended the exclusionary rule to court proceedings.

state

The Supreme Court decision in Schenck v. U.S. established which of the following tests?

the clear and present danger test

What are the religious clauses in the First Amendment? (Choose every correct answer.)

the free exercise clause the establishment clause

What do the protections of the First Amendment allow?

the freedom to express ideas

What is double jeopardy?

trying a person again for a crime they have been cleared of in court

Before a warrant is issued, what must be determined?

whether probable cause exists

When does the government tend to attempt to limit the freedoms of speech, assembly, and the press?

During times of national emergency

Protection against cruel and unusual punishment is contained in the

Eighth Amendment.

The right of an individual to be left alone without any interference from others is known as the right to:

privacy

Historically, in times of perceived internal and external threats, the Supreme Court has been more willing to Blank______ political speech.

suppress

What experience influenced the framers to include protections for civil liberties in the Constitution?

the British government's oppressive actions against American colonists