Week 2 Government (amendments)

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures? -5th -4th -1st -3rd

-4th

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law? -2nd -4th -5th -6th

-5th

What was challenged by Lawrence v. Texas (2003)? -Texas's legal age of consent -Texas's band on gay marriage -Texas's sodomy laws -Texas's rape laws

-Texas's sodomy laws

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject? -The bar for "probable cause" is lower for this type of search warrant -The bar for "probable cause" is higher for this type of search warrant -A search warrant is required, just as it would be for other circumstances -These types of devices are not allowed even with a search warrant

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

What is the question at the heart of the debate over the Second Amendment? -Is a "well regulated Militia" the same as a state militia? -Are the arms that were available at the time the amendment was written comparable to today's weapons? -What qualifies as military service? -Does the amendment give individuals the right to possess weapons?

-Does the amendment give individuals the right to possess weapons?

Which of the following statements is true regarding freedom of the press? -Freedom of the press receives strong judicial protection -Freedom of the press receives little judicial protection -The White House Press Security must approve all media releases regarding government policies -The government can prohibit publication before it occurs

-Freedom of the press receives strong judicial protection

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases? -Miranda v. Arizona -the Civil Rights cases -United States v. Wurie -Korematsu v. United States

-Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in... -Miranda v. Arizona -Lawrence v. Texas -Roe v. Wade -Furman v. Georgia

-Lawrence v. Texas

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 in a criminal investigation? -Miranda v. Arizona -Mapp v. Ohio -Roe v. Wade -Lawrence v. Texas

-Miranda v. Arizona

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case? -Near v. Minnesota -Gitlow v. New York -New York Times Co. v. Sullivan -New York Times Co. v. United States

-New York Times Co. v. United States

Which of the following situations are true concerning the right of assembly? -Regulations of public assemblies must be applied fairly to all groups -Individuals cannot hold an assembly at a busy intersection during rush hour -Public officials can regulate the time and place of assemblies -Nonviolent public assemblies can be held at any time or place without restriction

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

The Supreme Court decision that determined the right to privacy extended to include abortion is... -Miranda v. Arizona -Lawrence v. Texas -Roe v. Wade -Furman v. Georgia

-Roe v. Wade

What unique circumstance existed at the time of the Korematsu v. United States decision? -The nation was at war -It was the height of the Civil Rights movement -It was the "tough on crime" 1990s -The Supreme Court was ideologically split

-The nation was at war

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and record without consent from targeted individuals is known as the... -Department of Homeland Security Act -Guantanamo Bay Act -Uniform Code of Military Justice -USA Patriot Act

-USA Patriot Act

The exclusionary rule is based on the Supreme Court decision... -Witherspoon v Illinois (1968) -United States v. Leon (1984) -Weeks v. United States (1914) -Johnson v. Zerbst (1938)

-Weeks v. United States (1914)

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 -the right to call the police -the opportunity to appeal to members of Congress for stronger protections of individual rights -the right to hire a lawyer

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

The Eight Amendment protects... -against unreasonable search and seizure -against double jeopardy -against cruel and unusual punishment -the right to a fair trial

-against cruel and unusual punishment

In the case of Korematsu v. United States, the courts... -permanently revoked the citizenship rights of Americans of Japanese descent -allowed government policies during wartime that would not be allowed in times of peace -said the government must observe the same civil rights procedures in times of war and peace -ruled that the forced detention of American citizens was never acceptable

-allowed government policies 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 -set restrictions on what constitutes "marriage" -ban any type of sexual behavior -set an age of consent that is lower than the federal age of consent

-ban sexual relations between consenting same-sex adults

Under the Fifth Amendment, suspects... -charged with a federal crime cannot be tried unless indicted by a grand jury -charged with violent crimes lose their right to have their case heard before a grand jury -charged with a federal or state crime cannot be tried unless indicted by a grand jury -charged with a state crime cannot be tried unless indicted by a grand jury

-charged with a federal crime cannot be tried unless indicted by a grand jury

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizens expression presents a very obvious and real danger to the public safety -imminent danger test -time and manner test -immediate danger test -clear and present danger

-clear and present danger

The exclusionary rule that restricts the ability of... -victims to be present in the courtroom during a criminal trial -judges to confer with colleagues during a trial -the press to cover criminal proceedings -courts to admit illegally obtained evidence during a trial

-courts to admit illegally obtained evidence during a trial

In following the Eight 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 office" -determining if a punishment is "unnecessarily cruel" -determining if a punishment violates "fundamental standards of good conscience and fairness" -determining is a punishment "leads to overwhelming remorse and depression"

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

Freedom of expression... -does not cover some forms of commercial speech, such as advertising -does not cover obscene forms of sexual expression -only protects expression outside the civic realm -allows individual Americans to communicate thoughts of their choosing

-does not cover some forms of commercial speech, such as advertising -does not cover obscene forms of sexual expression -allows individual Americans to communicate thoughts of their choosing

Which of the following is likely to convince a judge that police should be issued a search warrant? -noting the suspect's reputation for being a lawbreaker -indicating the neighborhood the suspect lives in -establishing probable cause for believing crime has been committed -describing the ethnicity and religion of the suspect

-establishing probable cause for believing crime has been committed

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of the prayers in public schools on grounds it violates the ... -necessary and proper clause -establishment clause -free-exercise clause -commerce clause

-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 -free-exercise; establishment -establishment; free speech -free speech; establishment

-establishment; free-exercise

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 -commerce clause -establishment clause -prayer and practice clause

-free-exercise clause

The establishment clause of the Constitution restricts which of the following? -government from favoring one religion over another -government from making religion a condition of employment -government from passing laws that prohibit religious teachings in public schools -government from supporting religion over no religion

-government from favoring one religion over another -government from supporting religion over no religion

As a result of changes in sentencing policies, the U.S. prison population, per capita... -is the largest population -is among the lowest of the Western democracies -is second only to Cuba -is second only to Russia

-is the largest population

The Sedition Act of 1798... -protected the rights of journalists to openly criticize public officials -protected free speech, even if it promoted revolution or anarchy -made it a crime to publish stories that were harshly critical of the president -was passed to limit Congress's ability to restrict free speech

-made it a crime to publish stories that were harshly critical of the president

The Bill of Rights protects some civil liberties, including freedom -of speech -of assembly -from hunger -of the press

-of speech -of assembly -of the press

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitution rights were violated limited to... -two appeals -three appeals within five years -three appeals within ten years -one appeal

-one appeal

Free speech is usually protected in the United States unless it -involves false commercial advertising claims -criticizes the president or Congress -presents a clear and present danger to others -leads to imminent and lawless action

-presents a clear and present danger to others -leads to imminent and lawless action -involves false commercial advertising claims

The Supreme Court has ruled that the right of free assembly... -does not exist if it might offend a majority of onlookers -takes precedence over the possibility that the exercise of the right might have undesirable consequences -does not apply to assemblies aimed to show displeasure with a protected minority group -is more important than any disruptions it may cause in the lives of others

-takes precedence over the possibility that the exercise of the right might have undesirable consequences

Which of the following Amendments contribute to ensuring criminal due process? -the 1st -the 4th -the 5th -the 6th -the 8th -the 10th

-the 4th -the 5th -the 6th -the 8th

In Hamdan v. Rumsfield (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following? -the UN Court of Human Rights -the international Court of Justice -the Geneva Convention -the U.S. Uniform Code of Military Justice

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

What was the name of the 1798 law that criminalized an speech or writing critical of the government, Congress, or the president? -the Treason Act -the Sedition Act -the Stamp Act -the Unlawful Criticism Act

-the Sedition Act

Which of the following acts of legislation after the September 11 terrorists attacks gave government greater surveillance power to monitor phone calls and emails without a warrant or court order? -the Foreign Intelligence Surveillance Act -the Espionage Act -the USA Patriot Act -the Protect America Act

-the USA Patriot Act

What are the religious clauses in the First Amendment? -the free-exercise clause -the necessary and proper clause -the commerce clause -the establishment clause

-the free-exercise clause -the establishments clause

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions? -the clear-and-present-danger test -the clear-and-probable-danger test -the imminent lawless action test -the Lemon test

-the imminent lawless action test

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following -the right of a group of Equal Rights Amendment supporters to hold a rally at a busy intersection during rush hour in Dallas -the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors -the right of a pro-gun group to hold a parade in Charlotte, near a number of churches, on Sunday during worship services

-the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

The Second Amendment of the U.S. Constitution protects... -the right to free speech - the free exercise of religion -the right of the people to keep and bear arms -the right of the people to peaceably assemble

-the right of the people to keep and bear arms

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona? -the right to appeal any unfavorable ruling -the right to an attorney -the right to a speedy trial -the right to remain silent

-the right to an attorney -the right to remain silent

Which of the following is NOT considered a Sixth Amendment protection? -the right to counsel -the right to bear arms -the right to a speedy and public trial -the right to a trial by jury

-the right to bear arms

Following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona? -the right to remain silent -the right to appeal any unfavorable ruling -the right to a speedy trial -the right to an attorney

-the right to remain silent -the right to an attorney

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 -abortion -unmarried couples from living together -same-sex relations

-the use of contraceptives by a married couple

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

-unconstitutional

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 -undue barrier -unnecessary restriction -immediate harm

-undue burden

First Amendment--------> Second Amendment--------> Fourth Amendment--------> Fifth Amendment---------> Sixth Amendment-------> Eight Amendment--------->

1st- right to speech, press, assembly, and religion 2nd- right to bear arms 4th- protection against unreasonable search and seizure 5th- protection against self- incrimination and double jeopardy 6th-right to a jury trial, an attorney, and to confront witnesses 8th- protection against cruel and unusual punishment

True or False: Evidence that is illegally obtained an normally be used in a trial

False

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

False

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

True

establishment clause----> free-exercise clause----->

establishment clause- requires government neutrality toward religious institutions free-exercise clause- prohibits the government from interfering with individuals practice of their religion

The barrier to restrict speech established in Brandenburg v. Ohio is best described as ________

imposing

Law enforcement officials sometimes controversially, rely on the practice of ________ _________, the assumption that certain groups of people are more likely to commit particular crimes

racial profiling

Freedom of _______ is the right of individual Americans to hold and communicate thoughts of their choosing

speech