2311 US Gov. Chap. 5 Review

Which of the following has been a problem for the Supreme Court and law enforcement when it comes to obscenity:

adequately defining obscenity and drafting objective standards that enable judges and police to distinguish the merely pornographic or sexually explicit from the truly obscene.

The second sentence of the Fourteenth Amendment, which includes both the "equal protection clause" and the "due process clause," means in part:

all persons enjoy the same civil liberties and rights, which the states cannot deny without following reasonable, legally established procedures applied equally to everyone.

Madison and Jefferson both subscribed to the view that the First Amendment erects a "wall of separation between church and state":

but this is only one interpretation, as separation is not mentioned in the Constitution itself.

The Supreme Court has held the death penalty to be which of the following:

cruel and unusual as applied but, since 1976, allowed because the defects in state sentencing procedures were remedied.

Although in Gitlow v. New York the Supreme Court established the Fourteenth Amendment's jurisdiction over the states when it came to free speech, which of the following was also true:

defendant Gitlow still had his state-level conviction upheld and went to prison.

In 1833, in the case of Barron v. Baltimore, the Supreme Court reasoned that the whole thrust of the Bill of Rights was:

directed exclusively at restraining federal power.

The free exercise clause of the First Amendment has been interpreted to allow which of the following:

door-to-door solicitations but not animal sacrifices.

The difficulty with the doctrine for obscenity policy as set forth by the Supreme Court in the 1957 case Roth v. United States is which of the following:

every key word in the passage is ambiguous and subject to lenient or restrictive interpretations.

Over the past century, determination of national civil liberties policy has shifted:

from nearly the exclusive jurisdiction of states and communities to Washington, D.C.

The Bill of Rights has, during the twentieth century:

gradually by incorporation, come to be accepted as national policy that applies to every level of government.

At first, the nationalization of civil liberties in the Bill of Rights:

has been a popular idea from the founding of the United States forward.

The history of the concept of a public trial:

has less to do with prosecuting criminals than with preventing law enforcement officers from meting out arbitrary justice.

Despite the Fifth Amendment's ban on self-incrimination, a witness can be compelled to testify against himself under which of the following circumstances:

if granted immunity from prosecution.

Which of the following is true about the religious freedom provision of the First Amendment, which prohibits any legislation respecting an establishment of religion or prohibiting the free exercise thereof:

it at first only applied to actions of the federal government.

Which of the following statements is true about the Constitution, as it emerged from the Philadelphia convention in 1787:

it did not seriously address civil liberties.

Which of the following is true about the Supreme Court's 1973 opinion in Roe v. Wade:

it ended abortion's varying legality across the states.

How has Madison's vision of the national government as the ultimate guarantor of individual rights fared throughout the years:

it has largely been realized.

Which of the following is true about the religious freedom provision of the First Amendment:

it prohibits Congress from passing any legislation "respecting an establishment of religion, or prohibiting the free exercise thereof."

Which of the following best describes the language of the Bill of Rights:

it seems generally clear and unequivocal but sometimes is ambiguous.

The case of Miller v. California reformulated the standard for obscenity and did which of the following:

it shifted primary authority for obscenity policy back to the states and, implicitly, to local governments.

Incorporation of provisions of the Bill of Rights into the Fourteenth Amendment occurred through which of the following:

judicial interpretation.

The Bill of Rights was designed to:

limit the capacity of government to impose conformity costs on those individuals and minorities whose views differ from the majority.

Although the First Amendment guarantees the freedom of religion, before independence which of the following was true:

many of the early colonies designated official churches which believers and nonbelievers alike were forced to attend and support with taxes.

The Supreme Court has held all of the following to be expression protected by the First Amendment except which of the following:

obscenity.

In part, the incorporation decisions handed down by the Supreme Court since 1925 have done which of the following:

offered new opportunities for litigation and have generated the dramatic growth in the civil liberties docket of the Supreme Court.

The "criminal anarchy" for which Benjamin Gitlow was arrested and convicted was which of the following:

organizing labor strikes.

The Supreme Court first began selectively incorporating into the Fourteenth Amendment those provisions of the Bill of Rights dealing with:

personal freedoms such as those protected in the Fifth Amendment.

Advances in national civil liberties policy have frequently involved:

reigning in majorities that assert their prerogatives over the objections of individuals and groups who did not wish to conform to prevailing social norms and rules.

Currently, the most accurate statement about the application of the Bill of Rights to the states is which of the following:

some of the provisions of the Bill of Rights are still not applied to the states.

From the 1920s through the 1940s, the Supreme Court incorporated into the due process clause of the Fourteenth Amendment the First Amendment freedoms, which include:

speech, press, and religion.

In Federalist No. 84 Alexander Hamilton poses the question, "Why declare that things shall not be done which there is no power to do?" He was expressing which of the following concerns:

that a list of rights in the Constitution might imply the federal government had the authority to restrict the freedoms not expressly protected.

In the 1873 Slaughterhouse Cases, the Supreme Court stated that ____________________ would "fetter and degrade the State governments by subjecting them to the control of Congress."

the broad application of the Fourteenth Amendment to state policy.

In 1919, Charles Schenck's advocacy of resistance to the draft led to the Supreme Court's creation of which of the following:

the clear and present danger test.

The first provision of the Bill of Rights to be incorporated by the Supreme Court into the Fourteenth Amendment's due process clause was:

the equal protection clause.

A unified national citizenship is provided for in the Constitution:

the first sentence of the Fourteenth Amendment.

Although the Antifederalists lost their battle against ratification of the Constitution, which of the following is true:

they salvaged a major political concession in the Bill of Rights, which is their chief legacy to future generations of Americans.

The constitutional right to privacy is to be found in the Constitution's penumbras, which are best defined as:

those rights that are explicitly set forth in the Bill of Rights.

The process of "incorporation" by the Supreme Court refers to which of the following:

using the Fourteenth Amendment to make the Bill of Rights binding on state governments.

The Supreme Court has interpreted the Fourth Amendment to allow for police searches and seizures of evidence without a warrant under all of the following circumstances, except for which of the following:

when using a thermal imaging device to conduct a blanket sweep of neighborhoods to search for basement marijuana fields.

An independent press plays an indispensable role in maintaining a representative democracy for which of the following reasons:

without reliable information about the performance of officeholders, citizens would be hard-pressed to monitor their agents, and politicians would find it difficult to communicate with their constituents.