Protecting Individual Rights

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First Amendment

5 freedoms: speech, press, religion, assembly, petition

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances.

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

The free-exercise clause has been interpreted to mean that ______.

Americans cannot always act on their religious beliefs if they conflict with other laws Americans can hold any religious belief of their choosing

In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?

Burwell v. Hobby Lobby

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

False

True or false: The right to appeal after conviction is guaranteed in the Constitution.

False

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

Fifth

Free Exercise Clause

First Amendment requirement that law cannot prevent free exercise of religion

What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?

Fourteenth

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

Free-exercise

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection.

Which of these groups is typically more protective of individual rights?

Judges

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

Eighth Amendment

No cruel and unusual punishment

The right of an individual to be left alone without any interference from others is known as the right to ______.

Privacy

Which of the following statements are true concerning the right of assembly?

Regulations of public assemblies must be applied fairly to all groups. Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour.

Fourth Amendment

Protects against unreasonable search and seizure

Sixth Amendment

Right to a speedy and public trial

The constitutional right to bear arms is found in which of the following amendments?

Second Amendment

What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

In Schenck v. United States (1919), Justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger?

The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater.

The Supreme Court decision in Schenck v. United States established which principle?

The federal government can restrict free expression, but it does not have unlimited authority to do so.

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war.

Why was the National Security Agency's collection of Americans' phone records, as revealed by Edward Snowden in 2013, ruled unlawful by a Federal appellate court?

The program had not been authorized by Congress.

What is the purpose of the Fifth and Fourteenth Amendments?

They provide that no person can be deprived of life, liberty, or property without due process of law.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

True

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ on a woman's right to obtain an abortion.

Undue Burden

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated ______.

a basis for taking the alleged violation into a court of law for a ruling by a judge

Which of the following was the subject under consideration in Roe v. Wade (1973)?

abortion rights

In the case of Korematsu v. United States (1944), the courts ______.

allowed government polices during wartime that would not be allowed in times of peace

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully ______.

ban sexual relations between consenting same-sex adults

The USA Patriot Act was passed in order to______.

combat terrorism

The Eighth Amendment protects people convicted of crimes from ______.

cruel and unusual punishment

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining whether a punishment is "disproportionate to the offense" determining if a punishment violates "fundamental standards of good conscience and fairness" determining if a punishment is "unnecessarily cruel"

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the ______.

establishment clause

The ______ clause of the First Amendment bans the state from helping religious institutions, whereas the ______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free-exercise

Under the Fifth Amendment, suspects charged with a ______.

federal crime cannot be tried unless indicted by a grand jury

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the ______.

free-exercise clause

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment

The Supreme Court has ruled that prisoners should generally appeal their cases first ______.

in state courts

As a result of changes in sentencing policies, the U.S. prison population, per capita, ______.

is the largest in the world

The Sedition Act of 1798 attempted to:

make it a crime to publish stories that are harshly critical of the president

The Bill of Rights protects a number of civil liberties, including freedom ______.

of the press of speech of assembly

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to______.

one appeal

In the case of New York Times Co. v. United States (1971), the Supreme Court ruled that ______.

prior restraint is unconstitutional without a compelling argument for the restriction

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

Fifth Amendment

prohibits government from forcing individuals to testify against themselves.

Law enforcement officials sometimes controversially rely on the practice of____.

racial profiling

According to the establishment clause, the government is required to ______.

remain neutral toward all religions

Which of the following are considered civil liberties?

right to a fair trial freedom of religion freedom of speech

The Supreme Court has upheld a law banning what is termed a "partial-birth abortion." In her dissent, Justice Ruth Bader Ginsburg maintained that the law ______.

risks women's lives and health

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism ______.

should not be read their Miranda rights

Which of the following amendments contribute to ensuring criminal due process?

the Fourth Amendment the Eighth Amendment the Fifth Amendment the Sixth Amendment

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

the Sedition Act

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the U.S. Uniform Code of Military Justice the Geneva Convention

Which of the following acts of legislation after the September 11 terrorist attacks gave the government greater surveillance power to monitor phone calls and emails without a warrant or court order?

the USA Patriot Act

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

the death penalty for the mentally ill the death penalty for juveniles life sentences without parole for juveniles

What are the religious clauses in the First Amendment?

the free-exercise clause the establishment clause

In the 1963 Gideon case, the Supreme Court established that ______.

the government must provide lawyers to individuals who cannot afford their own attorney

Identify the rights that the federal government is obliged to protect according to the Bill of Rights.

the right to an attorney protection from unreasonable searches protection from self-incrimination the right to a jury trial

Which of the following is not considered a Sixth Amendment protection?

the right to bear arms

Griswold v. Connecticut was a case dealing with ______.

the right to privacy

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona (1966)?

the right to remain silent the right to an attorney

Civil Rights

the rights of citizens to political and social freedom and equality.

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit ______.

the use of contraceptives by a married couple

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was ______.

under the jurisdiction of the United States courts

Freedom of expression, provided by the First Amendment, allows Americans to ______.

write or publish almost anything, with some limits communicate thoughts of their choosing


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