Chapter 3

Which amendment protects states' rights?

the Tenth Amendment

Which of the following forms of free speech has the Supreme Court protected under the First Amendment?

Burning the American flag.

How did Justice Hugo Black defend himself against allegations that he was a member of the KKK?

By affirming his commitment to racial equality and emphasizing that he had resigned

What did the Supreme Court decide in the 1976 case of Buckley v. Valeo?

Campaign contributions are a form of speech.

The Miller test is used as a standard to evaluate which form of speech?

Obscenity

The Supreme Court's rulings on the right to die tend toward which of the following?

The Supreme Court's rulings on the right to die tend toward supporting the autonomy of states in the area of physician-assisted suicide.

Which of the following refers to the situation in which an otherwise invalid warrant is considered valid if the officer believed he was acting within the boundaries of the law?

A "good-faith exception" refers to a situation in which an otherwise invalid warrant is considered valid if the officer believed he was acting within the boundaries of the law.

Which of the following might be considered an "exigent circumstance"?

A threat to an individual's safety might be considered an exigent circumstance.

Based on the numbers given in the video, about how many of the white men in Birmingham, Alabama, were members of the Ku Klux Klan?

According to the video, almost half of the white men in Birmingham were members of the Ku Klux Klan.

According to the video, the Tenth Amendment tends to be invoked by which of the following groups?

All of these groups would be likely to invoke the Tenth Amendment in support of their positions; as Barry Friedman says, "Whenever the Left or the Right doesn't like what the federal government's doing, they complain about it and say that that's something reserved to the states."

One of the speakers discusses how, prior to the Civil War, Southern states made it a crime for preachers to speak out against slavery. How was this possible?

At the time, the Bill of Rights applied only to the federal government and not to the states.

According to the video, why have Americans been so adamant about the separation of church and state?

Because Americans on the whole are very religious, but the religions they practice vary widely

How did the decision reached in Buckley v. Valeo create circumstances that, according to Smith, are "troubling in a democratic society"?

By declaring campaign contributions to be a form of political expression, the Supreme Court's decision enabled people with more money to exercise more influence in politics.

Civil liberties can be described as which of the following?

Civil liberties can be described as freedoms that protect citizens from the government.

The Bill of Rights does which of the following?

Communicates what the federal government cannot do

What happened in the aftermath of the shootings that occurred at Sandy Hook Elementary School in late 2012?

Despite greater public interest in regulating assault weapons following the mass murder at Sandy Hook Elementary in 2012, Congress did not generate enough votes to renew the 1994 ban.

Which of the following is the most important post-1920s limitation on the freedom of political speech?

Direct Incitement

If a jury acquits you of a crime, you cannot be tried again for the same crime. What is the name for this practice?

Double jeopardy

Which of the following statements concerning double jeopardy is INCORRECT?

Double jeopardy does not protect an individual from being tried for the same crime in different jurisdictions.

How did the historical context of the writing of the Bill of Rights inform the First Amendment?

During the era of the Revolutionary War, Americans suspected a British conspiracy to deprive citizens of freedom of speech and of the press.

Professor Beeman suggests that the Fifth Amendment is most fundamentally about which of the following?

Equal protection for all citizens under the law

How did events such as Columbine and 9/11 affect federal court rulings concerning free speech for students?

Events such as Columbine and 9/11 led to renewed legal justification for restricting student speech.

What is "pleading the Fifth"?

Exercising the right to remain silent

This video suggests that the Eighth Amendment is the result of a certain anxiety. What was the source of this anxiety for early Americans?

Federal judges setting punishments independently.

Why is World War II relevant to a discussion of civil liberties?

Fighting totalitarianism in World War II caused the United States to define itself by its values regarding individual liberty.

Which type of speech "inflicts injury or tends to incite an immediate breach of the peace"?

Fighting words.

How many justices were in the majority and how many were in the minority in the Morse v. Frederick decision?

Five in the majority and four in the minority

According to Floyd, when does a woman have a choice regarding her pregnancy?

Floyd argues that a woman has a choice in the time before she becomes pregnant.

Jay Floyd argues that the right to privacy (or freedom over one's body) is not absolute. What evidence does he give in support of this argument?

Floyd argues that existing laws against illicit drug use, indecent exposure, polygamy, and adultery show that the right to privacy is not absolute.

The First Amendment protects which of the following liberties?

Freedom of religion, speech, press, assembly, petition

Which of the following is NOT a consequence of transparency?

Greater transparency is not likely to cause an increase in campaign contributions.

The Second Amendment is central to which contemporary political issue?

Gun Control

Why was Hugo Black a member of the Ku Klux Klan?

He needed the Klan's electoral support and campaign contributions.

What combination of qualities made Hugo Black an anomaly?

Hugo Black was an unusual in that he was both a liberal and a Ku Klux Klan member from the South.

The Fourth Amendment protects citizens from which of the following?

Illegal examination and confiscation of property

Which of the following criteria was violated in Lemon v. Kurtzman?

In Lemon v. Kurtzman, the criterion of the Lemon test that was violated was that the government action must not result in excessive government entanglement in religion.

What did Justice Alito argue in the majority decision he wrote for the Supreme Court's ruling in the case of McDonald v. City of Chicago?

In McDonald v. Chicago (2010), Justice Alito argued in favor of the Second Amendment's incorporation—i.e., that the right to bear arms should be protected from state as well as federal infringement.

In Morse v. Frederick, what was the question at stake?

In Morse v. Frederick, the question at stake was whether it violates the First Amendment right to free speech when a public school suspends a student for displaying a banner that advocates drug use.

In Texas during this time, a woman could legally obtain an abortion only under what circumstances?

In Texas during this time, a woman could not legally obtain an abortion under any circumstances

What was the outcome of the Tinker case in 1969?

In Tinker v. Des Moines, the Supreme Court ruled that "students do not shed their constitutional rights at the schoolhouse gate."

A constitutional right to privacy is never specifically mentioned in the 14th Amendment, but is based in part on the due process clause. In which section of the amendment is the due process clause found?

In its ruling in Griswold v. Connecticut (1965), the Supreme Court recognized a right to privacy based on the due process clause found in section 1 of the 14th Amendment.

On which of the following did the Court base its final decision in the case?

In ruling 7-2 in favor of Roe, the Court based its decision on the right to privacy protected by the 14th Amendment.

Professor Gaddie quotes Harry Truman saying that "the problem with some Americans is that they confuse liberty with license." Which of the following BEST describes the distinction between liberty and license in this context?

In this context, "liberty" refers to forms of expression protected by the Constitution, while "license" refers to those forms of expression not protected by the Constitution.

According to Robert Richards, many cases in the future regarding student speech will primarily have to do with which of the following?

Internet and web-based speech

What was the significance of Gideon v. Wainwright?

It guaranteed the right to an attorney.

What was the significance of Miranda v. Arizona?

It required police to notify suspects of their legal rights.

How did Justice Black respond to the suggestion that decisions like Gideon v. Wainwright and Miranda v. Arizona have made it more difficult for law enforcement to fight crime?

Justice Black responded by arguing that adding barriers to convicting people is a positive movement aligned with the principles of the Bill of Rights.

Why was it significant that Hugo Black administered the oath of office to Thurgood Marshall?

Justice Black was a former member of the Ku Klux Klan, while Justice Marshall was the first African American member of the Supreme Court.

According to the relevant Supreme Court standard, less-protected forms of speech are those that do which of the following?

Lack ideas that hold social value

On what grounds does Floyd dismiss the argument that prohibiting abortion is a violation of First Amendment rights?

Laws that prohibit abortion do not conflict with freedom of speech. Laws that prohibit abortion do not conflict with freedom of the press. Laws that prohibit abortion do not prevent people from practicing any religion. Laws that prohibit abortion are not establishing any religion.

Weddington lists all EXCEPT which of the following ways that an unwanted pregnancy can hurt a woman?

Listed: -Pregnant women are not eligible for unemployment compensation. -Many schools force pregnant women to drop out. -Many employers force pregnant women to quit their jobs. -Postpartum depression can be emotionally traumatizing. -Pregnancy is highly disruptive to a woman's body. Not listed: Postpartum depression can be emotionally traumatizing.

Why were many of the states so reluctant to ratify the Constitution?

Many of the states were so reluctant to ratify the Constitution because they believed it took too much power away from the states and made the federal government too strong.

Which of the following contemporary issues relates to the Fourth Amendment?

NSA surveillance

Oregon's Death with Dignity Act does which of the following?

Oregon's Death with Dignity Act allows physicians to prescribe lethal medication for terminally ill patients.

According to the text, which form of freedom of assembly has the Supreme Court consistently found to be worthy of protection?

Peaceful demonstrations in public spaces to be worthy of protection.

Which of the following is considered a well-protected form of speech?

Political speech.

An attempt by the government to block material before publication is known as which of the following?

Prior restraint.

Which of the following is NOT an issue in contemporary discussions regarding the "cruel and unusual punishment" clause of the Eighth Amendment?

Public floggings and executions, though a common punishment in the 18th century, are not part of the current debate over what constitutes a "cruel and unusual punishment."

Which of the following is a gray area that Robert Richards identifies?

Richards suggests that identifying what types of student expression fall under the category of true threats of violence is a gray area.

What kinds of student expression have schools tried to limit?

Schools have tried to limit hate speech, drug-related messages, violent expression, and sexual innuendo.

Which of the following represents an accurate statement regarding the death penalty?

Several states have placed a moratorium on the death penalty.

What does Professor Smith mean when he says that the Miller test solved politically, if not intellectually, the problem of defining what forms of expression qualified as obscene?

Smith means that the Miller test does not provide a clear-cut definition of obscenity, but the standard of allowing local communities to define obscenity enables the test to function well under American federalism.

Which of the following reflects a change in the interpretation of the Sixth Amendment from the past 50 years?

That poor defendants in felony cases are now provided counsel by the state reflects a change in the interpretation of the Sixth Amendment.

The 14th Amendment did which of the following?

The 14th Amendment reversed dual citizenship, indicating that the Bill of Rights applied to each of the states and that all of its protections were to be enjoyed by all citizens regardless of the state in which they lived.

The 1993 Brady Handgun Violence Prevention Act would prohibit which of the following people from buying a gun?

The Brady Bill prohibited people with mental illness from purchasing guns.

The Citizens United decision expanded the Supreme Court's protection of free speech into which of the following arenas?

The Citizens United decision expanded the Supreme Court's protection of free speech to cover political speech by corporations, including campaign advertising.

When does the Constitution attach protection to a person, according to Weddington?

The Constitution attaches protection to a person at the time of birth, according to Weddington.

When did the Court establish the trimester system to structure a woman's rights during pregnancy?

The Court established the trimester system in the 1973 case of Roe v. Wade.

What was the Court's ruling in Lawrence v. Texas?

The Court's ruling in Lawrence v. Texas extended the right to privacy to sexual conduct between consenting homosexual adults.

The Eighth Amendment and the Court's interpretation of it protect the criminally accused from which of the following?

The Eighth Amendment and the Court's interpretation of protect the criminally accused from excessive bail.

Which of the following helps make up the First Amendment freedom of religion?

The Establishment Clause

The Fifth Amendment includes which of the following under its protections?

The Fifth Amendment includes protection against self-incrimination.

The National Cathedral does not violate the First Amendment because it does not violate which of the following?

The National Cathedral does not violate the First Amendment because it does not violate the Establishment Clause.

For the first half of the nation's history, the Bill of Rights protected citizens from which of the following?

The National Government.

According to Sarah Weddington, which two amendments to the U.S. Constitution protect a woman's right to determine whether or not to continue a pregnancy?

The Ninth and 14th Amendments

What law passed this century has had the greatest implications for Fourth Amendment rights?

The Patriot Act of 2001, passed in the aftermath of the 9/11 terrorist attacks, has had the greatest implications for Fourth Amendment rights of any recent law.

Which civil liberty was the most recent to be incorporated (applied to the states) by the Supreme Court?

The Second Amendment's protection of the right to bear arms was the most recent Bill of Rights provision to be incorporated by the Supreme Court, in the case of McDonald v. Chicago (2010).

In which of the following cases did the Supreme Court clarify the restrictions that states may impose on abortion?

The Supreme Court clarified the restrictions that states may impose on abortion in Webster v. Reproductive Health Services and Planned Parenthood v. Casey, allowing those that do not pose too much of an "undue burden" on the woman requesting the procedure.

The Supreme Court's ruling in Bowers v. Hardwick did which of the following?

The Supreme Court's ruling in Bowers v. Hardwick found that states could restrict sexual activity unrelated to procreation.

In what way does the Tenth Amendment serve as a "bookend" to the Bill of Rights?

The Tenth Amendment is described as a bookend to the Bill of Rights because it ends with the words "the people," a key phrase found in the Constitution's Preamble and repeated throughout the Bill of Rights.

What was the compelling interest of Texas in this case?

The compelling interest of the state of Texas was the protection of fetal life.

Which of the following is a provision of the community standards doctrine (a.k.a. the Miller test) established by Chief Justice Warren Burger in 1973?

The courts can protect an expression that violates community standards if it has serious literary, artistic, or scientific value.

Which of the following falls into Stage 1 of the Sherbert test?

The following falls into Stage 1 of the Sherbert test: "Does the government action pose a substantial burden to the person's ability to act on that belief?"

The idea of dual citizenship in the context of civil liberties refers to which of the following?

The idea of dual citizenship in the context of civil liberties refers to the fact that Americans were once subject to both state and national protections.

When Smith uses the word "intractable" at the end of this clip, what is he describing?

The need for transparency and the problems created by transparency

What does Professor Amar mean by his statement that there is something "sensibly first" about the First Amendment?

The notions of free speech and free press are fundamental to the American system of government.

Which of the following rights has NOT been incorporated?

The right to a jury trial in a civil case has not yet been incorporated.

The Fifth Amendment allows the government to confiscate private property if it is to be used for the public good. What is the name for this practice?

The takings clause.

What larger movement did these decisions signify?

These decisions signified a movement from a state-based justice system to a national justice system.

How many criteria make up the Lemon test?

Three "prongs"

Which of the following is an accurate statement regarding the freedom of religion?

Until the Supreme Court incorporated the establishment of religion clause of the First Amendment in the case of Everson v. Board of California (1947), Americans were not necessarily protected from state-level infringement on the freedom of religion.

On which of the following issues do Sarah Weddington and Jay Floyd directly contradict each other in the clips?

Weddington and Floyd directly contradict each other on the issue of whether or not there is definitive evidence that abortion is safer than childbirth.

Which of the following BEST describes how free speech functions in the United States compared with other countries?

While freedom of expression is broader in the United States than in almost any other country, there are still limits to free speech.

According to the video, the First Amendment is which of the following?

the dissenters' amendment

Prior to the passage of the Bill of Rights, how many amendments were approved by Congress?

12.

According to Weddington's description of the Texas statute, an abortion is considered murder if it is performed at what point in the pregnancy?

According to Weddington, the Texas statute does not regard abortion as murder regardless of when in the pregnancy it is performed.

Which of the following offers the BEST example of a contemporary controversial debate over how the Tenth Amendment should be interpreted?

Government jurisdiction over the legality of same-sex marriage is an example of a contemporary debate over how the Tenth Amendment should be interpreted.

What was the Supreme Court's ruling in the Morse v. Frederick case?

The Court upheld the school's restrictions on student speech.

Which of the following are considered rights guaranteed to the criminally accused by the Sixth Amendment?

Under the Sixth Amendment, the criminally accused has the right to an impartial jury.

What was the guiding principle until 1986 concerning the limits of student speech?

Until 1986, the guiding principle was that school districts can only limit substantially and materially disruptive speech.