GOVT2305 - U.S. Government - Chapter 4
Schenck v. United States
A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
self-incrimination
Being a witness against oneself. The Fifth Amendment forbids involuntary self-incrimination.
cruel and unusual punishment
Court sentences prohibited by the Eighth Amendment.
How do civil liberties contribute to the expansion of the scope of government? -Expansion of government occurs through constitutional amendments. -Expansion of government is sometimes necessary to protect rights and liberties. -Expansion of government is necessary for courts to determine the meaning of constitutional protections. -Expansion of government occurs when limits are placed on majorities.
Expansion of government is sometimes necessary to protect rights and liberties.
The Supreme Court's incorporation doctrine depended on its interpretation of the __________ Amendment. -Fifth -Tenth -Fourteenth -First
Fourteenth
prior restraint
Government actions that prevent material from being published. As confirmed in Near v. Minnesota, prior restraint is usually prohibited by the First Amendment.
The first Supreme Court case to assert that the Constitution contains an implied right to privacy was __________. -Roe v. Wade -Webster v. Reproductive Health Services -Griswold v. Connecticut -Planned Parenthood v. Casey
Griswold v. Connecticut
When there is a conflict between individuals seeking to express themselves and government seeking to constrain them, what is the typical outcome in the American political system? -Individuals win in the short term, but government prevails in the long term. -There is no clear winner; both must always give some ground. -The government usually prevails. -Individuals usually win.
Individuals usually win.
symbolic speech
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.
due process clause
Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.
Which argument would gun control advocates most likely make regarding the Second Amendment? -The Second Amendment applies only to use of guns on public property. -The Second Amendment applies only to the rights of the federal government. -The Second Amendment applies only to states' right to form militias. -The Second Amendment applies only to the individual right to bear arms.
The Second Amendment applies only to states' right to form militias.
Fourteenth Amendment
The constitutional amendment adopted after the Civil War that states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." It is the first and only part of the Constitution to invoke the idea of equality.
Bill of Rights
The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and the press, and guarantee defendants' rights.
incorporation doctrine
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
libel
The publication of false and malicious statements that may damage someone's reputation.
exclusionary rule
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure.
In their attitudes about religion, how do Americans differ from citizens of other democracies with developed economies?- -They are less tolerant of religious extremists. -They are more tolerant of religious extremists. -They are more tolerant of government support for religion. -They are less tolerant of government support for religion.
They are more tolerant of religious extremists.
The First Amendment protects which of the following?- -the right to a fair trial -freedom of the press -the right to bear arms -states' rights
freedom of the press
Roth v. United States
A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."
New York Times Co. v. Sullivan
A 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements about them were made with "actual malice" and reckless disregard for the truth.
Red Lion Broadcasting Company v. Federal Communications Commission
A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting similar to those it had overturned in Miami Herald Publishing Company v. Tornillo. The Court reasoned that regulating radio and television broadcasting is justified because there are only a limited number of broadcasting frequencies available.
Miller v. California
A 1973 Supreme Court decision holding that community standards be used to determine whether material is obscene, defined as appealing to a "prurient interest," being "patently offensive," and lacking in "serious literary, artistic, political, or scientific value."
Miami Herald Publishing Company v. Tornillo
A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized. The case illustrates the limited power of government to restrict the print media.
Zurcher v. Stanford Daily
A 1978 Supreme Court decision holding that a search warrant could be applied to a newspaper without necessarily violating the First Amendment rights to freedom of the press.
Texas v. Johnson
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Planned Parenthood v. Casey
A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to abortion to one in which regulations not impose an "undue burden" on women.
McDonald v. Chicago
A 2010 Supreme Court case that extended the Second Amendment's limits on restricting an individual's right to bear arms to state and local gun control laws.
free exercise clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
plea bargaining
A bargain struck between a defendant's lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious crime or for additional crimes.
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes. It provides protection against double jeopardy, self-incrimination, and punishment without due process of law.
Which of the following is a consequence of the Supreme Court's decision in Gideon v. Wainwright? -A defendant accused of a capital offense must be provided with an attorney. -A defendant accused of a felony in federal court must be provided with an attorney. -A defendant in a civil trial must be provided with an attorney. -A defendant accused of a felony in state court must be provided with an attorney.
A defendant accused of a felony in state court must be provided with an attorney.
Which of the following was a consequence of the Supreme Court's decision in Gitlow v. New York? -States were no longer required to respect freedom of the press. -A freedom in the Bill of Rights was applied to the states. -The national government was required to respect freedom of the press. -States were required to respect the right to bear arms.
A freedom in the Bill of Rights was applied to the states.
Which of the following statements best characterizes Americans' attitudes toward abortion? -A majority of Americans believe that abortion should not be legal. -A majority of Americans believe that abortion should be legal, but that some restrictions are acceptable. -Most Americans do not have well-formed opinions on abortions. -Most Americans believe that abortion should be legal in all circumstances.
A majority of Americans believe that abortion should be legal, but that some restrictions are acceptable.
search warrant
A written authorization from a court specifying the area to be searched and what the police may search for.
Suppose you are a leader of an interest group seeking to organize a public march and demonstration in a city. What steps will you most likely need to take to comply with the law? -Apply for a permit identifying the time and place of the event, and post a bond. -Notify the public about the event through advertising in the local newspaper and on social media. -Apply for permission to speak on a certain topic, and post a bond. -Find a suitable location on private property, and notify group members about the time and place of the event.
Apply for a permit identifying the time and place of the event, and post a bond.
Suppose you are an attorney defending a client in a high-profile criminal case. Which of the following is a viable option you can pursue to ensure a fair trial for your client? -Ask the judge to close the trial to the press and public. -Ask all those who witness the trial to sign nondisclosure agreements. -Ask for a gag order forbidding the press to report details of the crime. -Ask the judge to sequester the jury.
Ask the judge to sequester the jury.
commercial speech
Communication in the form of advertising, which can be restricted more than many other types of speech.
Why have federal courts ruled against state laws requiring schools to teach creation science or intelligent design? -Courts have ruled that these laws violate the religious beliefs of some students. -Courts have ruled that these laws have caused substantial confusion. -Courts have ruled that these laws are inconsistent with Darwinian evolution. -Courts have ruled that these laws promote a particular religion in the classroom.
Courts have ruled that these laws promote a particular religion in the classroom.
How do civil liberties contribute to the expansion of the scope of government? -Expansion of government occurs when limits are placed on majorities. -Expansion of government occurs through constitutional amendments. -Expansion of government is necessary for courts to determine the meaning of constitutional protections. -Expansion of government is sometimes necessary to protect rights and liberties.
Expansion of government is sometimes necessary to protect rights and liberties.
Which of the following is a similarity between the Supreme Court's decisions in Roe v. Wade and Planned Parenthood v. Casey? -In both cases, the Court affirmed the basic right to abortion. -In both cases, the Court upheld state abortion laws. -In each case, the Court was deeply divided in its decision. -In both cases, the Court used a "strict scrutiny" standard to evaluate abortion restrictions.
In both cases, the Court affirmed the basic right to abortion.
What was a key similarity between the Supreme Court decisions in District of Columbia v. Heller and McDonald v. Chicago? -In both cases, the Court ruled that the Second Amendment does not apply to state and local governments. -In both cases, the Court held that the Second Amendment protects states' right to form militias. -In both cases, the Court upheld laws restricting the Second Amendment. -In both cases, the Court held that the Second Amendment protects an individual right to bear arms.
In both cases, the Court held that the Second Amendment protects an individual right to bear arms.
When there is a conflict between individuals seeking to express themselves and government seeking to constrain them, what is the typical outcome in the American political system? -Individuals win in the short term, but government prevails in the long term. -The government usually prevails. -There is no clear winner; both must always give some ground. -Individuals usually win.
Individuals usually win.
How did the Supreme Court's decision in Mapp v. Ohio affect the scope of the Fourth Amendment protection against unreasonable searches and seizures? -It extended the protection at the federal level by creating the exclusionary rule. -It extended the protection to the states. -It limited the protection to the federal level. -It limited the protection by narrowing the applicability of the exclusionary rule.
It extended the protection to the states.
What impact did McDonald v. Chicago have on the application of the Second Amendment? -It invalidated most restrictions on the Second Amendment. -It extended permissible restrictions on the Second Amendment. -It limited the right to bear arms to the federal government. -It extended the right to bear arms to the state and local level.
It extended the right to bear arms to the state and local level.
The Supreme Court's interpretation of the free exercise clause has had what effect? -It has led to substantial government involvement in church-related activities. -It has led to some religions getting greater constitutional protection than others. -It has placed some limits on people's ability to practice their beliefs. -It has ensured that people can practice their beliefs under all circumstances.
It has placed some limits on people's ability to practice their beliefs.
Why are libel cases against public figures difficult to win? -It is difficult to prove that a publication was intentionally malicious. -It is difficult to prove that a public figure was harmed by the publication. -It is difficult to prove that the statements in a publication were untrue. -It is difficult to prove that the author of a publication was negligent.
It is difficult to prove that a publication was intentionally malicious.
In Lemon v. Kurtzman, the Supreme Court declared that government aid to church-related schools is permissible as long as it meets which of the following conditions? -It must serve a compelling interest. -It must not infringe upon the rights of others. -It must not favor one religion over another. -It must have a secular purpose.
It must have a secular purpose.
What precedent did the Supreme Court set with respect to prior restraint in Near v. Minnesota? -It prohibited all forms of prior restraint. -It ruled that prior restraint is permissible only when used to prevent libel. -It ruled that prior restraint is usually a permissible restriction on press freedom. -It ruled that prior restraint is usually prohibited by the First Amendment.
It ruled that prior restraint is usually prohibited by the First Amendment.
How did the Supreme Court interpret the Bill of Rights in its opinion in Barron v. Baltimore? -It ruled that the Bill of Rights applied to the national government and to the states. -It ruled that the Bill of Rights protects rights, but not liberties. -It ruled that the Bill of Rights applied only to the national government. -It ruled that some provisions of the Bill of Rights were unconstitutional.
It ruled that the Bill of Rights applied only to the national government.
How does the plea-bargaining process work to the advantage of government? -It reduces the demand for pretrial negotiations. -It saves the government time and money. -It allows prosecutors to secure convictions on the most serious charges. -It allows the state to keep dangerous criminals incarcerated for longer.
It saves the government time and money.
Which Supreme Court case upheld the right to associate with people who share a common interest? -Frisby v. Schultz -Collins v. Smith -McCullen v. Coakley -NAACP v. Alabama
NAACP v. Alabama
unreasonable searches and seizures
Obtaining evidence in an unlawful manner, a practice prohibited by the Fourth Amendment. The police must have probable cause and/or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence.
Why does the Supreme Court allow greater regulation of radio and television broadcasting than of print media? -Radio and television are more likely to contain obscene material. -Radio and television reach more people than print media. -Radio and television stations contain a wider range of content than print media. -Only a limited number of radio and television broadcast frequencies are available.
Only a limited number of radio and television broadcast frequencies are available.
establishment clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
probable cause
Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have probable cause.
Barron v. Baltimore
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states or cities.
Gitlow v. New York
The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.
Near v. Minnesota
The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
NAACP v. Alabama
The 1958 Supreme Court decision that the right to assemble meant that Alabama could not require the state chapter of NAACP to reveal its membership list.
Mapp v. Ohio
The 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states.
Engel v. Vitale
The 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer be recited by public schoolchildren.
School District of Abington Township, Pennsylvania v. Schempp
The 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
Gideon v. Wainwright
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone so accused who is too poor to afford one.
Miranda v. Arizona
The 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
Lemon v. Kurtzman
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Roe v. Wade
The 1973 Supreme Court decision holding that a Texas state ban on abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect a mother's health in the second trimester, and permitted states to ban abortion during the third trimester.
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, as "an extreme sanction, suitable to the most extreme of crimes."
McCleskey v. Kemp
The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were white defendants.
Zelman v. Simmons-Harris
The 2002 Supreme Court decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools.
Since the 1950s, how has the Supreme Court's interpretation of free speech related to public order changed? -The Court loosened restrictions on speech on private property. -The Court became more supportive of speech protesting the government. -The Court tightened restrictions on petitioning and passing out leaflets in public places. -The Court placed greater restrictions on speech advocating violent overthrow of the government.
The Court became more supportive of speech protesting the government.
How has the Supreme Court's interpretation of the establishment clause changed since Lemon v. Kurtzman? -The Court has loosened constraints on aid to parochial schools. -The Court has expanded its interpretation to include non-school settings. -The Court has avoided weighing in on the constitutionality of aid to parochial schools. -The Court has tightened constraints on aid to parochial schools.
The Court has loosened constraints on aid to parochial schools.
How did the Supreme Court rule in the 2006 case in which law schools argued against a law requiring them to grant military recruiters access to their students? -The Court struck down the law, finding it violated freedom of speech. -The Court upheld the law, finding it served a compelling government interest. -The Court upheld the law, finding it regulated conduct, not speech. -The Court struck down the law, finding it violated the right to associate.
The Court upheld the law, finding it regulated conduct, not speech.
What was the Supreme Court's interpretation of the Second Amendment in District of Columbia v. Heller? -Most restrictions on the right to bear arms are unconstitutional. -The Second Amendment applies only to the federal government. -The Second Amendment protects an individual right to possess a firearm. -Most restrictions on the right to bear arms at the state level are constitutional.
The Second Amendment protects an individual right to possess a firearm.
Eighth Amendment
The constitutional amendment that forbids cruel and unusual punishment.
First Amendment
The constitutional amendment that protects the four great liberties: freedom of religion, of speech, of the press, and of assembly.
civil liberties
The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights.
Which statement best summarizes the Supreme Court's current interpretation of the Eighth Amendment as it applies to the death penalty? -The death penalty is constitutional, but should only be applied in the most extreme crimes. -The death penalty violates the equal protection clause of the Fourteenth Amendment. -The death penalty is inherently cruel and unusual punishment. -The death penalty is constitutional, and states should have wide latitude in applying it.
The death penalty is constitutional, but should only be applied in the most extreme crimes.
right to privacy
The right to a private personal life free from the intrusion of government.
Which of the following factors contributed to colonists' strong support for the Bill of Rights? -Most state constitutions did not protect rights and liberties. -They had experienced abuses under British rule. -They were familiar with the work of British philosopher John Locke. -They had experienced abuses under the Articles of Confederation.
They had experienced abuses under British rule.
In the past five decades, what trend has occurred with respect to defendants' rights? -They have garnered greater public support. -They have seen reduced protections. -They have seen an erosion of public support. -They have seen increased protections.
They have seen increased protections.
In the past five decades, what trend has occurred with respect to defendants' rights? -They have seen reduced protections. -They have garnered greater public support. -They have seen increased protections. -They have seen an erosion of public support.
They have seen increased protections.
Which statement is true of the relationship between the democratic features of American government and constitutional limits on what government may do? -They always produce conflict. -They sometimes produce conflict. -They always reinforce each other. -They do not affect each other.
They sometimes produce conflict.
Based on the balancing test created by the Supreme Court in Roe v. Wade, what would be a permissible restriction on abortion? -a ban on abortions during the third trimester -a ban on abortions sought because the fetus has Down syndrome -a ban on abortions sought due to concerns about the mother's health -a ban on abortions during the second trimester
a ban on abortions during the third trimester
The most important application of privacy rights in Supreme Court decisions has been in which area? -abortion -self-incrimination -private property rights -searches and seizures
abortion
Which of the following is an example of symbolic speech? -making a speech in support of the Confederate battle flag -reciting a prayer in a public school setting -publishing an antiwar manifesto -burning an American flag
burning an American flag
In their attitudes toward rights and liberties, Americans are generally __________. -unsupportive -unwavering -indifferent -inconsistent
inconsistent
The Supreme Court allows restrictions on commercial speech when the speech __________. -prevents price competition -is broadcast over public airwaves -concerns lawful activity -is misleading
is misleading
Which of the following is a permissible restriction on the Second Amendment? -laws requiring firearms to be disassembled in the home -limits on the possession of firearms by felons -laws prohibiting gun ownership in private homes -laws prohibiting guns in vehicles
limits on the possession of firearms by felons
One drawback of the protections contained in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments is that they __________. -are not supported by most Americans -are generally ineffective -fail to contain the scope of government -make it more difficult to convict criminals
make it more difficult to convict criminals
One drawback of the protections contained in the Fourth, Fifth, Sixth, Seventh, and Eighth Amendments is that they __________. -are not supported by most Americans -make it more difficult to convict criminals -are generally ineffective -fail to contain the scope of government
make it more difficult to convict criminals
The Supreme Court's decision upholding a Milwaukee, Wisconsin, ordinance forbidding picketing in residential neighborhoods illustrates that __________. -the right to assemble is among the least protected rights in the Constitution -restrictions on the freedom of association can also limit the right to assemble -privacy and safety concerns can outweigh the right to assemble -freedom of association does not apply when a person is on private property
privacy and safety concerns can outweigh the right to assemble
Police need __________ before they can make a lawful arrest. -an arrest warrant -a search warrant -physical evidence -probable cause
probable cause
The Supreme Court's decision in Citizens United v. Federal Election Commission loosened restrictions on __________. -spending by individual candidates on their own campaigns -spending by corporations and unions on political ads -contributions by individuals to corporations and unions -contributions by individuals to political parties
spending by corporations and unions on political ads
What are the two key components of the freedom of assembly? -the right of people to gather together and to associate with one another -the right of people to believe what they want and to gather together -the right of people to associate with one another and to practice their beliefs -the right of people to gather together and to speak freely
the right of people to gather together and to associate with one another
One purpose of the police guidelines for questioning that were established in Miranda v. Arizona was to protect __________. -the right to counsel -against suspension of the writ of habeas corpus -against unreasonable searches and seizures -the right to a speedy and public trial
the right to counsel
When evaluating whether material is obscene, the Supreme Court bases its decisions on __________. -whether average people applying national standards would find the material offensive -whether anyone could potentially be offended by the material -whether average people applying local community standards would find the material offensive -whether the justices are offended by the material
whether average people applying local community standards would find the material offensive
In a court case concerning whether Amish parents can refuse to send their children to public schools, what would be the central constitutional question? -whether the practice is protected under the establishment clause -whether the practice is protected under the free exercise clause -whether the practice is protected under the right to assemble -whether the practice is protected as a form of speech
whether the practice is protected under the free exercise clause