quiz 8

Which of the following are true of the decision in Roe v. Wade?

The Supreme Court decided that the right to privacy encompassed a right for women to terminate a pregnancy, at least under certain scenarios and/or during the first three months of pregnancy.

The exclusionary rule is a policy

forbidding the admission of illegally seized evidence at trial.

It is the legal standard for determining whether a search or seizure is constitutional or a crime has been committed; it is a lower threshold than the standard of proof at a criminal trial. Question 25 options:

probable cause

The establishment clause in the First Amendment

All the above are true. has been applied to questions of the legality of state and local government aid to religious organizations and schools. means that neither the federal government nor state governments can set up a church. is different than the free exercise clause. has been used to decide the actions of government allowing or prohibiting school prayer.

In that case, the Supreme Court ruled that closely held businesses did not have to provide employees free access to emergency contraception or other birth control if doing so would violate the religious beliefs of the business' owners.

Burwell v. Hobby Lobby (2014)

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.

Based on the Miller test (1973), which of the following is one of the requirements that must be met in order to consider a work obscene?

It must lack serious redeeming literary, artistic, political, or scientific merit.

In that case, the Supreme Court established the exclusionary rule, stating that illegally-seized evidence is not admissible in the court of law.

Map v. Ohio (1961)

The First Amendment prevents Congress from

Options A and B are true making any law that abridges "the right of the people to peaceably assemble." making any law that bridges the right to petition the government for a redress of grievances."

The free exercise clause

Options A and B are true. limits the national government from prohibiting people from practicing their religions. is part of the First Amendment.

The Court has based the right to privacy on

Third, Fourth, Fifth, and Ninth Amendments

New York Times v. United States (1971)

affirmed the no-prior-restraint doctrine in the Pentagon Papers case.

The concept of the separation of church and state

all of the above covers conflicts about the legality of giving state and local government aid to religious organizations and schools. refers to the establishment clause of the First Amendment to the Constitution. forbids the government from establishing an official religion.

Civil liberties

are limitations on government power, intended to protect freedoms that governments may not legally intrude on.

Those are guarantees of equal treatment by government authorities.

civil rights

Libel is

defamation of a person's character, reputation, business, or property rights.

A concern with school vouchers is that they may be used at religious schools and, therefore, violate the

establishment clause.

The Third Amendment can be thought of as ________.

forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments

In Article I, Section 9, the Constitution limits the power of Congress in three ways. The one below is NOT one of those three ways.

granting the president the power to nullify unconstitutional actions of the Congress

In 1965, in Griswold v. Connecticut, a case involving the legality of contraceptives, the Supreme Court

held that the law violated the right to privacy.

The Fourteenth Amendment was critically important for civil liberties because it ________.

helped start the process of selective incorporation of the Bill of Rights

In Gideon v. Wainwright the Supreme Court ruled that

if one cannot afford an attorney, the government must provide one.

The right to privacy has been controversial for all the following reasons EXCEPT ________.

it has been interpreted to take away from the states the authority to regulate sexual morality and privacy issues

As originally presented in the Constitution, and as decided in Barron v. Baltimore, the Bill of Rights

limited only the power of the national government, not that of the states.

The Bill of Rights

protects the states and individuals from the federal government.

In the 1964 New York Times v. Sullivan case, the Supreme Court decided that

public figures needed to demonstrate not only that a negative press statement about them was untrue but also that the statement was published or made with either malicious intent.

The Miranda rule

requires that suspects be read their rights before questioning.

For a public figure to obtain a damage award under libel laws, he or she must

show that the statement in question contained malicious intent or a reckless disregard for the truth.

Prior restraint

states and the federal government could not in advance prohibit someone from publishing something without a very compelling reason.

It is a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

symbolic speech

Cruel and unusual punishment is prohibited by

the Eighth Amendment.

Provisions of the Fifth and Fourteenth Amendments that limit government power to deny people "life, liberty, or property" on an unfair basis is know as

the due process clause

Some criticism of the Patriot Act's strengthening of governmental investigatory powers reflects

the fear that the increased powers may be used to silence government critics and opponents.

The writ of habeas corpus is

the right requiring that a neutral judge decide whether someone has been lawfully detained.

Which of the following provisions is not part of the First Amendment?

the right to keep and bear arms

In Planned Parenthood v. Casey, the Supreme Court

upheld some state restrictions on abortion, including a required waiting period between arranging and having an abortion, parental consent for minors, and the requirement that women be informed of the health consequences of having an abortion.

Obscenity

was effectively defined by the Supreme Court in Miller v. California.

The free exercise clause, protecting freedom of religious practice is found in the

First Amendment.

In that case, the Supreme Court ruled that people encouraging young men to dodge the draft could be imprisoned for doing so, arguing that recommending that people disobey the law was tantamount to "falsely shouting fire in a theater and causing a panic" and thus presented a clear and present danger to public order.

Schenck v. United States (1919)

The double jeopardy rule in the Bill of Rights forbids which of the following?

a second prosecution only at the same level of government (federal or state) as the first

The Supreme Court began applying the Bill of Rights to state governments

only after the ratification of the 14th Amendment, starting in 1925 with Gitlow v. New York, a case dealing with free speech.

In the Supreme Court case Lemon v. Kurtzman, the Court found that

the government must pass laws that are secular in nature and avoid excessive entanglement with religion.

The selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government trough the 14th Amendment's due process clause.

Slander is

the public uttering of a false statement that harms the good reputation of another, a defamation of someone's character.