American Government Chapter 4

First Amendment

allows for the freedom of press allows for the freedom of speech

Second Amendment

allows for the right to bear arms

The - Amendment's - is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the - has to do with Congress prohibiting or interfering with the practice of religion.

First establishment clause free exercise clause

Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment?

First Amendment Second Amendment Eighth Amendment

Which of the following instances of commercial speech can and cannot be regulated by the government?

Government Can Regulate This Speech; A city refuses to allow advertisements in the municipal softball fields. A juice company falsely claims that its product can cure cancer. Government Cannot Regulate This Speech; A major corporation runs ads that endorse a particular a political candidate. A women's rights organization publishes a newspaper that describes various methods of birth control.

Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights?

Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights.

The highest rates of incarceration are found in the -, while the lowest rates are found in the -.

South Northeast

Why is the doctrine of strict scrutiny important to free speech?

Strict scrutiny forces the government to prove a reason for restricting speech.

Match each of the following First Amendment concepts to its meaning

protection of public spaces traditionally used for assembly Correct label: public forum doctrine speech accompanied by actions such as protesting Correct label: speech plus government efforts to block the publication of material Correct label: prior restraint

Which of the following are the three parts of the Lemon test?

Does the practice have a secular legislative purpose? Does the practice advance or inhibit religion? Does the practice foster an excessive government entanglement with religion?

protects citizens from being tortured or excessively threatened

Eighth Amendment

The Bill of Rights describes the civil rights afforded to all Americans.

False

The Supreme Court has generally been consistent in its protection of the right to privacy.

False

The original purpose of the Second Amendment was to provide for an individual right to bear arms.

False

Which statement about the Supreme Court's approach to dealing with gun rights over time is accurate?

The court did not deal with many such cases until the 21st century

Which of the following best describes the Supreme Court's stance on public displays of religious symbols?

The court's rulings have been inconsistent.

In recent years, the Supreme Court has - a woman's right to seek an abortion, while - various state restrictions to abortion access.

upheld approving

Both first and second amendment

within the Bill of Rights reserves powers to the public protects individual freedom limits the government's power

protects citizens from being tried twice for the same alleged crime (double jeopardy)

Fifth Amendment

Which of the following cases are examples of libel?

A newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career. A magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring.

Why was a bill of rights added to the Constitution?

Antifederalist demanded it for ratification of the constitution

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?

Antifederalists

protects against unreasonable searches and seizures

Fourth Amendment

In which case did the Supreme Court apply Second Amendment protections to the states?

McDonald v. Chicago

Selective incorporation was established in which Supreme Court case?

Palko v. Connecticut

protects citizens by giving the right to receive counsel for defense of a crime

Sixth Amendment

Put the items related to the evolution of privacy rights in order from oldest to most recent.

The supreme court ruled in favor of marital privacy in contraceptive use The supreme court expanded the right to privacy with regard to abortions The supreme court ruled that gays have a right to privacy

Imagine that you have been arrested for a speech criticizing the government. In which years and at which levels of government would this be an unconstitutional violation of your civil liberties?

The year is 1986, and you were arrested by the federal government. The year is 1886, and you were arrested by the federal government. The year is 1986, and you were arrested by the state government.

Which of the following amendments has the Supreme Court argued have elements of the right to privacy?

Third Fourth Fifth Ninth

Why has the "stop and frisk" police tactic been a topic of controversy?

This tactic has been linked to racial profiling. This tactic leaves a lot of discretion to a police officer to determine probable cause. This tactic does not reduce crime.

The Constitution provides a basis for a right to privacy.

True

The United States has passed laws that make it illegal to say anything that might challenge the government.

True

How has the government protected the right to privacy?

Various Supreme court cases have recognized the right to privacy

Which confessions would be legally admissible today?

a confession made after the suspect has been informed of his right to silence a confession made when the suspect and his attorney have agreed to a plea deal

Order these types of speech from most protected to least protected.

freedom of the press speech plus commercial speech fighting words

Identify whether the particular term relates to the First Amendment's treatment of religion or the First Amendment's treatment of expression.

prior restraint; expression clear and present danger test; expression establishment clause; religion free exercise clause; religion

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?

right of habeas corpus right to trial by jury in the state where a crime was committed

Which case formally established the right to privacy?

Griswold V. Connecticut

Which amendment specifies the right to bear arms?

The 2nd Amendment

Watch the animation below, and then put these categories in order, from the group with the largest percentage of the U.S. population to the group with the smallest.

Christian denominations non-religious other major world religious

Over the past 50 years, - has established restrictions on money in political campaigns, but - has reversed many of them. This is largely because political donations are considered a form of - speech.

Congress the Supreme Court protected

Which of the following statements about background checks are accurate?

In most states, no background check is necessary to buy a firearm from an unlicensed dealer. States can determine for themselves whether or not to require a background check for the sale of a firearm by an unlicensed dealer. States on the West Coast tend to have background checks for all firearms.

What is the purpose of a "shield law"?

It protects the confidentiality of journalists' sources.

Which of the following terms are associated with freedom of religion?

Lemon test free exercise clause establishment clause

Place the following examples of speech into the correct category.

Protected Speech; A protestor burns the Texas state flag. Inflammatory protestors picket at a military funeral. Walter's Widgets Inc. runs ads supporting a political candidate. Unprotected Speech; A newspaper publishes detailed U.S. military positions during wartime.

How does the "wall of separation" apply to the establishment clause?

The "wall of separation" refers to the dissociation between church and state.

In an attempt to pay back their student loans a bit faster, Mary and Bob commit identity theft and impersonate others so they can use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, the government attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment?

The Fifth Amendment

How does the Fourth Amendment protect citizens from the government?

The Fourth Amendment protects citizens from unreasonable searches and seizures by making illegally obtained evidence inadmissible in court.

Why are the Miranda rights important?

The Miranda rights notify citizens that they have protection from self-incrimination. The Miranda rights remind citizens that there are lawyers available who are paid for by the government to act on their defense. The Miranda rights remind citizens that they can use a lawyer in their defense.

Which of the following statements about the death penalty are correct?

The Supreme Court has banned the death penalty. Death penalty usage and sentences have decreased over time. The Supreme Court has restricted the cases in which the death penalty can be applied.

How have Supreme Court decisions influenced the right to die?

The Supreme court has not ruled definitively on the right to die

What does the free exercise clause allow?

The clause allows citizens to believe and practice whatever religion they choose. The clause allows individuals to abstain from religion.

What role does the grand jury serve?

The grand jury determines if satisfactory evidence is accessible to warrant a trial