Chapter 4 Quiz

In what year did the Supreme Court make a classic statement of civil liberties?

1943

Which of the following rights is not found in the Constitution or Bill of Rights?

Abortion

What case provides for the selective incorporation of the free exercise of religion?

Cantwell v. Connecticut

_____ _________ are the limits on government so that people can freely exercise their rights.

Civil Liberties

The eighth amendment is typically associated with

Cruel and unusual punishment

Debates surrounding the death penalty center around which amendment

Eighth

Which Court case replaced the Sherbert test with a neutrality test?

Employment Division v. Smith

Relating to the rights of the accused, the courts are generally moving away from individual protections and toward _____________ law enforcement powers.

Enhanced

The wall of separation permitting religious freedoms relates to which clause?

Establishment

The ____________ rule says that evidence obtained in an illegal search may not be introduced in a trial.

Exclusionary

Initially, the Bill of Rights only protected against violations of citizens' rights from _______ government(s).

Federal

In what amendment is the right to free speech guaranteed?

First

Where are the rights to freedom of religion found?

First amendment

Which case granted citizens' rights to an attorney in all felony cases?

Gideon v. Wainwright

A(n) ____________ jury is one that does not decide on guilt or innocence but only on whether there is enough evidence for the case to go to trial.

Grand

Which Supreme Court case granted women a right to contraceptives?

Griswold v. Connecticut

________ speech is hostile statements based on someone's personal characteristics.

Hate

The eternal dilemma of civil liberties is:

How can you treat everyone fairly? How can you treat everyone equally? Who has the responsibility to protect private rights? ☆How can you balance the duty to keep public safe with the responsibility to protect private rights?

"You have the right to remain silent" is a famous introduction to what warnings, based in interpretation of the Fifth Amendment?

Miranda

Legislation passed in the aftermath of the September 11, 2001, attacks that sought to enhance national security is called

Miranda warnings. ☆USA Patriot Act. USA Immigration Act. USA Surveillance Act.

It is generally _______________ to prove slander or libel against a public official than an average citizen.

More difficult

Rights in immigration laws are

More restricted

In 1973 the right to privacy led to one of the most controversial Court decisions ever, in the case of

Planned Parenthood v. Casey. Griswold v. Connecticut. ☆Roe v. Wade. Lawrence v. Texas.

The right to privacy was extended to same sex couples in which Supreme Court case?

Plessy v. Ferguson ☆Lawrence v. Texas Brown v. Board of Education Roe v. Wade

The Nixon administration attempting to stop publication of the pentagon papers demonstrates what principle in the freedom of the press?

Prior restraint

Under the Alien and Sedition Act criticizing the government would lead to

Prosecution

Civil ______ require government action to help secure individual rights.

Rights

_________ incorporation is defined as extending protections from the Bill of Rights to the state governments, one right at a time.

Selective

The fourteenth amendment is often the basis for what process?

Selective incorporation

Which test applies to the free exercise clause?

Sherbert

The clear and present danger test applies to which civil liberty?

Speech

With the Planned Parenthood V. Casey decision, the court left much discretion in abortions to (the) ___ government(s), so long as they did not go against the Roe Decision.

State

The state that passed the law struck down by Roe v. Wade was

Texas

What did the Supreme Court rule about lethal injections?

They do not constitute cruel and unusual punishment.

Which country leads in the number of incarcerated individuals?

US

The fourth amendment is generally referred to as preventing

Unlawful search and seizure

In 1980, the Court __________ a congressional ban on federal funding for abortions.

Upheld

What year was the first free exercise of religion case?

a. 1983 b. 1973 c. 1953 ☆1963

Which of the following is not one of the clauses relating to freedom of religion?

a. Free exercise/practice ☆ necessary and proper c. Establishment d. None of these

What court case formed the basis for the test for obscenity in regulating free speech?

a. Mapp v. Ohio ☆Miller v. California c. Engel v. Vitale d. Michigan v. Jones

Which of the following is NOT true about the secret executive order issued by the Bush administration, as part of the war on terror, permitting the National Security Agency (NSA) to conduct international surveillance without a search warrant?

a. The Obama administration continues to operate it. b. The order targeted foreign parties primarily outside the United States. c. Congress approved the warrantless wiretap program in 2007. ☆The order targeted foreign parties inside the United States.

The system of racial segregation in the South that lasted from 1890 to 1965 is known as

a. incorporation. b. grandfather clause. c. black codes. ☆Jim Crow segregation.

According to the textbook, the Supreme Court gives the First Amendment (freedom of speech, religion, press, and assembly, and the right to petition government) a "preferred position" among all the amendments to the Constitution because

a. it is the oldest amendment. b. the president can easily take away these rights from the people. c. other amendments were clear and easily applied to all states. ☆democracy requires a vigorous debate.

Critics of the Patriot Act charge, most importantly, that the United States is now so focused on fighting terrorists that it is

a. leaving no power for the Congress. b. arresting people who do not have picture IDs. ☆trampling on the Constitution. d. leaving no power to the judiciary.

The Fourteenth Amendment is referred to as the a. greatest amendment of all time

b. most unnecessary amendment ever passed ☆cornerstone of modern liberties d. conclusion of the Bill of Rights

Which of the following is NOT a form of protected symbolic speech?

banners advocating drugs at schools

The _____________ test says that speech is not protected if officials believe that the speech will lead to prohibited action like violence or terrorism.

clear and present danger

The principle that an individual cannot be tried twice for the same offense is called

individualism. legality clause. ☆double jeopardy. exclusionary rule.

What is the name for guiding principles that help governments make judgment calls?

judicial review ☆judicial standards judicial rules goals and principles

The school of thought that limits judges to what is explicitly stated in the Constitution's text is called

originalism

The school of thought that the Constitution grows and changes and must be read in the context of the times is

pragmatism.

According to the text, we always weigh the rights of individuals against the concerns and ______ of the community.

safety

The Barron v. Baltimore case demonstrates the selective incorporation of what civil liberty?

seizing property

What is weighed against the rights of individuals in civil liberties cases?

state laws ☆safety of the community majority opinion federal laws

Which of the following is not a tenet of the Lemon test for the establishment clause?

strict separation

In the First Amendment, the principle that government may not establish an official religion is the

supremacy clause. elastic clause. ☆establishment clause. free exercise clause.

When the right to speak out clashes with other rights, like protecting minorities from abusive language, free speech usually

wins

In what case can free speech be restricted?

☆Clear and Present Danger b. Print Ads c. Television commercials d. Candidates running for office

The free exercise clause falls under the

☆First Amendment. b. Second Amendment. c. Thirteenth Amendment. d. Fourteenth Amendment.

The free practice clause falls under the

☆First Amendment. b. Second Amendment. c. Thirteenth Amendment. d. Fourteenth Amendment.

Which amendment guarantees the right to privacy?

☆No amendment guarantees privacy 3rd 1st 12th

Which direction are the courts moving regarding the rights of the accused?

☆away from individual protections and toward enhanced government powers b. toward more individual protections and less government powers c. more power is given to grand juries to determine guilt or innocence d. more power is given to local judges and less to federal judges

A legal effort to stop speech before it occurs—in effect, censorship—is called

☆prior restraint. b. fighting words. c. symbolic expression. d. clear and present danger.

Which act has changed the logic of prior restraint, according to the text?

☆shift from print media to the web congressional action more television channels fewer newspapers