H Gov ch.8 (pearson realize quizzes)

when the Supreme Court finds the content of a law to be unconstitutional, it has acted to uphold

substantive due process.

If the Supreme Court denies a petition for a writ of certiorari, it means that

the Court does not believe that the case raises any constitutional issues.

During a trial, a defendant is allowed to exercise the 5th Amendment guarantee against self-incrimination when

the prosecutor demands that the defendant confess.

College administrators allowed an anti-war demonstration, but blocked a demonstration protesting college admissions policies. The administrators' actions

. are unconstitutional, because they are not content neutral.

one justification for the use of bail?

A person should not be imprisoned until his or her guilt has been established.

Why is the 9th Amendment important in the protection of individual rights?

Because it declares that rights exist beyond those listed in the Constitution

Why did the Framers include a ban on bills of attainder in the Constitution?

Parliament had abused its power by punishing citizens without trials.

In Texas v. Johnson, the Supreme Court held that burning the American flag is

a form of expression that is protected by the Constitution.

Which of the following is prohibited under the 13th Amendment? A. forcing someone to work for another to fulfill a contract B. forcing young men to register for the selective service C.imprisoning a person who has been convicted of a crime D. compelling a person who has been convicted of a crime to work

A. forcing someone to work for another to fulfill a contract

Which of the following constitutional provisions limits the role of government in order to protect individual rights? A. Police must have a proper warrant in order to conduct most searches. B. Federal agents may search a person's home without notifying that person. C. Police do not need a warrant when evidence is in plain view. D. The government can force workers to undergo a drug test after a work-related accident.

A. Police must have a proper warrant in order to conduct most searches.

Which of the following is an example of a violation of the 5th Amendment right to substantive due process? A. a law allowing police to pump a suspect's stomach for evidence B. a law requiring children to attend school up until at least the age of 16 C. a law that requires gun owners to have a permit and carry it with them D. a law that prohibits violent demonstrations on public property

A. a law allowing police to pump a suspect's stomach for evidence

Which of the following is sufficient for a police officer to enter someone's home and search for evidence in connection with a crime? A. a search warrant signed by a judge B. a tip from a concerned citizen C. forced consent from the homeowner D. a commanding officer's consent

A. a search warrant signed by a judge

Which of the following actions is allowed according to the 5th Amendment guarantee against self-incrimination? A. A person being sued can ignore a subpoena. B. A witness at a Senate intelligence committee hearing can refuse to answer a question. C. A suspect can request not to be shown in a police lineup. D. A man's brother can keep him from having to answer questions in a criminal trial.

B. A witness at a Senate intelligence committee hearing can refuse to answer a question.

Based on the Supreme Court's interpretation of the 8th Amendment prohibition against cruel and unusual punishment, which of the following is allowable? A. fifteen years of hard labor while chained at wrist and ankle B. putting two inmates in a prison cell designed to hold only one person C. sentencing a juvenile to life in prison without the possibility of parole D. a State law defining narcotics addiction as a crime rather than an illness

B. putting two inmates in a prison cell designed to hold only one person

The death penalty could be given in which of the following situations? A. a 17-year-old driving a car hits and kills a bicyclist B. the robber of a convenience store kills a police officer in his escape attempt C. a mentally ill person murders a neighbor D. a drug dealer is convicted for the third time of selling illegal drugs

B. the robber of a convenience store kills a police officer in his escape attempt

Which of the following is TRUE about the crime of treason? A. It applies only to permanent resident aliens. B. It is the only crime defined in the Constitution. C. It can be committed during wartime or peace. D. It is the only crime that does not require witnesses to prove

B. It is the only crime defined in the Constitution.

Which of the following Supreme Court decisions based on the 13th Amendment was intended to address the situation of a particular racial group? A. The decision drawing a distinction between involuntary servitude and duty. B. The decision holding that all citizens shall have the same right to make and enforce contracts. C. The decision stating that those convicted of a crime can be forced to work. D. The decision striking down laws forcing a person to work for another in order to satisfy a debt.

B. The decision holding that all citizens shall have the same right to make and enforce contracts.

Which of the following is considered legal action by a police officer even if he or she doesn't have a warrant? A. searching a person based on an anonymous tip B. searching a boat that is believed to be involved in illegal activities C. using a drug-sniffing dog to search an individual's front porch D. stopping anyone who flees at the sight of a police officer

B. searching a boat that is believed to be involved in illegal activities

Which of the following is constitutional? A. laws that regulate assemblies based on their message B. laws that prohibit demonstrations on public property C. laws that require advance notice for demonstrations D. laws that require an organization to disclose the names of its members

C. laws that require advance notice for demonstrations

Which of the following is NOT used as part of the Lemon test to determine whether a State law amounts to an "establishment" of religion?

Determining whether the law supports the public good

Which of the following best explains how due process helps protect individual rights? A. Due process says the government must exercise its police power. B. Due process helps punish law breakers and so protects individual rights. C. Due process allows the government to make new laws to protect individual rights. D. Due process holds that government must act fairly and in accord with established rules.

Due process holds that government must act fairly and in accord with established rules.

According to the founders of the United States, what MAIN purpose does government serve?

Governments are formed to protect the unalienable rights of the people.

Read the following quotation from Justice Oliver Wendell Holmes: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." Which of the following points is supported by this quotation?

In the United States, each person's rights are relative to the rights of every other person.

According to the Supreme Court's decision regarding the District of Columbia's strict gun control law, what is one important aspect of the 2nd Amendment?

Individuals have a constitutional right to keep and bear arms for self-defense.

Why is the case Gitlow v. New York important?

It began the process of incorporating many of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause.

Which of the following statements BEST describes how the separation of church and state reflects the principle of limited government?

It limits government interference and prevents the government from favoring one religion over another

What is the significance of the Due Process Clause of the 14th Amendment?

It prevents the States from denying any right that is basic to the concept of ordered liberty.

How did the Supreme Court use its power of judicial review for the first time?

It resolved a power struggle between two political parties.

What is the impact on 1st Amendment rights of the Supreme Court ruling in Schenck v. United States?

It restricts freedom of expression to words that do not lead to criminal acts.

In what way is the ruling in Boy Scouts of America v. Dale an example of the right of association?

Organizations can limit membership based on the organization's overall purpose

Which of the following arguments SUPPORTS State aid to parochial schools?

Parochial schools enroll many students who would otherwise have to be educated at public expense.

How does the Court's interpretation of symbolic speech in Virginia v. Black compare with its interpretation in Texas v. Johnson?

The Court interpreted Texas as protected, and Virginia as not protected.

Which of the following actions has the Supreme Court upheld under the Free Exercise Clause?

The government can draft those who have religious objections to military service.

Why does the Supreme Court have original jurisdiction over cases involving ambassadors and consuls?

These cases involve the United States as a nation.

Why do you think the Supreme Court justices meet in private to discuss cases?

To ensure that justices can speak their mind and be free from politics

Which of the following is an example of a use of the police power that most likely violates the 14th Amendment's Due Process Clause? A. To promote general welfare, a State requires all children to receive an education. B. To promote public safety, a State enacts a law prohibiting driving after 11 p.m. C. To promote general health, a State prohibits over-the-counter sale of hypodermic needles. D,To promote public morals, a State enacts a law regulating gambling.

To promote public safety, a State enacts a law prohibiting driving after 11 p.m.

The police arrest a person for making counterfeit $100 bills, a federal crime. What does the 5th Amendment ensure for this person?

a grand jury hearing and one trial in federal court

The rules of bail and preventive detention protect a suspect's rights by

allowing the accused to appeal the denial of or the amount of bail.

How did the Supreme Court interpret the 14th Amendment's right to privacy in the case Roe v. Wade?

as a woman's decision to terminate or continue her pregnancy

How did the Supreme Court interpret the 4th Amendment in Mapp v. Ohio, 1961?

as prohibiting the use of evidence obtained from an illegal search of a person's home

Which of the following BEST illustrates the idea of personal desires and interests being subordinated to the public good? a. A person shouts "fire" in a crowded theater. b. A public demonstration blocks traffic for hours. c. A publisher refrains from printing sensitive war-related information. d. A neighbor blares her stereo in the middle of the night.

c. A publisher refrains from printing sensitive war-related information.

Which of the following BEST describes the Bill of Rights? a. positive acts of government that protect constitutional rights b. right to freely assemble c. the first ten amendments to the Constitution d. the unalienable rights of Life, Liberty, and the Pursuit of Happiness

c. the first ten amendments to the Constitution

In Burstyn, Inc. v. Wilson, the Court cited "prior restraint on freedom of speech and the press" as reason to void a New York law forbidding the showing of a particular motion picture. Prior restraint means that the government

cannot curb ideas shown in the film before they are expressed

In Forsyth County v. Nationalist Movemen, the Court allowed a pro-Nazi group to assemble in a community hostile to their views and overturned local ordinances prohibiting the assembly. This decision reflects the fact that the government

cannot use State or local laws to prevent a peaceable assembly on the basis of what might be said there

A group of U.S. military veterans are planning to gather at a memorial to read the names of fallen comrades and give speeches calling for an end to war. This assembly is protected by the 1st Amendment, assuming that it

does not interfere with the rights of other citizens.

Gideon v. Wainwright extends the 6th Amendment rights of the accused by

ensuring that a defendant who cannot afford a lawyer will still be able to use one

The exclusionary rule states that

evidence gained as the result of an illegal act by police cannot be used in court

Through the process of incorporation, the Supreme Court has

extended most of the protections in the Bill of Rights to the States.

Software companies have challenged State laws aimed at restricting the sale of violent video games to minors. What aspects of the 1st Amendment support the software companies' position?

guarantee of free speech and limits on prior restraint

Supreme Court justices write opinions on cases that they decide because

heir reasoning will affect future decisions

A sit-in was staged on the State Department's sidewalk protesting a proposed pipeline from Alaska to the Gulf Coast. The 1st Amendment provides that such a protest is permissible

in public spaces where there is no infringement on others' rights

In its most recent 2nd Amendment decisions, the Supreme Court has

incorporated the 2nd Amendment into the 14th Amendment's Due Process Clause.

An independent judicial branch makes a society more democratic because

it protects the rights of individuals.

Which of the following explains one reason why States might be allowed to stop people from posting certain comments on social media sites?

laws prohibiting libel

'Reasonable restrictions' are allowed on freedom of expression to prohibit the expression of words that

libel, slander, or endanger another person.

The Court found prior restraint unconstitutional in the Pentagon Papers case but not in the case of a CIA agent's publishing material without permission because

national security concerns were proven in the CIA case.

The 5th Amendment's guarantee against double jeopardy means that

person cannot be tried twice for the same crime.

The Constitution limits the role of government with regard to the rights of petition and assembly in order to

prevent interference with the expression of opposing and unpopular views.

When private property rights and the right of assembly come into conflict, which has been upheld by the Supreme Court?

private property rights take precedence over the right of assembly

Police officers break into a home unlawfully to look for evidence. This is an example of the violation of

procedural due process.

The writ of habeas corpus and the grand jury both

protect a citizen from being held for a crime without good reason.

The Supreme Court has held that public schools cannot

require a moment of silence at the start of each day.

which of the following is allowable under the police power?

requiring the use of seat belts

A judge nullified trespassing citations issued to a group that had staged a protest by pitching tents in a public plaza. What constitutional safeguards most likely guided the judge's decision?

right to assemble if participants do not interfere with the rights of others

Which of the following actions has the Supreme Court ruled a violation of the Establishment Clause?

seasonal displays of a single religious doctrine at government buildings

Which constitutional provision sets up, in Thomas Jefferson's words, "a wall of separation between church and state"?

the Establishment Clause

What is the police power?

the authority of each State to act to protect the public

If the U.S. Supreme Court chooses to deny a writ of certiorari in a case, it means that

the decision of the lower court stands

How does the case of Tinker v. Des Moines School District illustrate constitutional provisions for limited government in the protection of individual rights?

the students' actions had 1st Amendment protection because they did not cause a disruption of normal school activities

Which of the following is TRUE about the Court's ruling in Red Lion Broadcasting Co. v. FCC? Because broadcasters use public airways,

their broadcasts can be regulated to ensure they do not infringe on the rights of the public.

Why does the Supreme Court hear oral arguments in addition to reading briefs?

to ask questions

The Supreme Court exercises original jurisdiction in cases

to which a State is a party.

Which of the following is an example of the Supreme Court limiting the free exercise of religion?

upholding laws that forbid the use of poisonous snakes in religious rites

Which of the following is permitted in public schools?

using tax money to bus students to parochial schools