CHAPTER 4 - CONSTITUTIONS AND RIGHTS

Which of the following, if true, best supports the argument that campaign contributions are a form of protected speech?

Associations of citizens express their views through monetary donations

Which of the following would be expected in a state that practices constitutionalism?

Citizens' individual rights are guaranteed

The Supreme Court ruling in District of Columbia v. Heller dealt with __________.

the extent of gun rights

Given the history of legal disputes over the First Amendment, what is the most likely fate of First Amendment issues in the future?

Free speech controversies are likely to continue, especially given the openness of the Internet.

In what way does the U.S. Constitution differ from most other constitutions?

It is shorter and more vague than most other constitutions

Limits on free speech in the United States usually connect with __________.

national security concerns

The U.S. president is commander-in-chief of the military but needs approval from the Senate to sign treaties. This shows the __________ in the United States.

operation of checks and balances

The "clear and present danger" doctrine was an early interpretation of the limits on __________.

reedom of speech

A long and detailed constitution is likely to be __________.

relatively new

The term "judicial activism" refers to a court's tendency to __________

strike down laws

How does the United States differ from most other countries in terms of its treatment of freedom of expression?

The U.S. government is more restrictive of press freedom

Which of these was the first to establish judicial review?

The United States

How would the framers of the U.S. Constitution most likely react to the structure of government outlined in the Russian constitution?

They would criticize it for giving too much power to the executive

Japan's constitution was drafted by the United States in __________.

1946

How many votes are needed to overcome the filibuster in the U.S. Senate?

60

Which statement explains how civil rights differ from human rights?

Civil rights only arose with the advent of modern democracy but are essential for ensuring human rights.

Which of these is a risk inherent in the American concept of judicial review?

Conservative or liberal judges may rule based on their political ideology.

Which of these questions is most likely to arise as a result of the Supreme Court's decision in District of Columbia v. Heller?

Does the Second Amendment ban laws against carrying concealed weapons?

What was Justice Oliver Wendell Holmes's example of yelling "Fire!" in a crowded theater intended to illustrate?

Freedom of speech is not an unlimited right

Why would a country such as Great Britain not have a formal written constitution?

Great Britain's unique history established customs and legal practices that made a written constitution unnecessary.

How did the UN General Assembly react to Nazi and Japanese actions during World War II?

It adopted the Universal Declaration on Human Rights

Which of these is a weakness of the Brazilian constitution?

It confers too many rights for the government to realistically guarantee.

What is one common feature of the Japanese and U.S. constitutions?

It is difficult for constitutional amendments to be passed in both countries

What did the Magna Carta do?

It limited the power of the British monarchy.

Why was it significant that the Bush administration deemed suspected terrorists as "unlawful enemy combatants"?

It made it intentionally unclear how the suspects would be treated.

Which statement best describes how the Japanese constitution differs from the U.S. constitution?

Japan's constitution is shorter but more specific about individual rights.

Jeremy Bentham would have been most likely to agree with which of the following statements?

Rights are granted by society

The State Duma is the legislature in what country?

Russia

Suppose that a law had been passed in the United States that made English the sole official language of the entire nation. Which statement accurately describes how such a law would relate to the UN's Universal Declaration of Human Rights?

The law violates the Declaration's assertion that minorities have the right to preserve their cultures.

Which of these is an assumption underlying "constitutionalism"?

The people need written laws to prevent violations of their basic freedoms

Which idea did the Code of Hammurabi contribute to the modern concept of constitutionalism?

The supreme law of the land should be clear and written down

Which statement explains why the interpretation of the Second Amendment as an individual right to bear arms is controversial?

The text of the amendment refers only to "well-regulated militias."

Which of the following would make the Universal Declaration on Human Rights more effective?

a feasible mechanism for enforcement

A constituent assembly is __________.

a legislature convened to draft a new constitution

The Pentagon Papers case is generally seen as a victory for those who support __________.

an activist press

The right to vote is usually viewed as a __________ right.

civil

they operate according to some set of rules

constitution

The Supreme Court rulings in District of Columbia v. Heller and Miller v. the United States show that __________.

constitutions are subject to reinterpretation over time

In most European countries, __________ is an illegal form of speech.

denying the Holocaust

The UN's Universal Declaration on Human Rights has helped to further the cause of human rights globally by __________.

establishing norms of human rights conduct that nations are reluctant to violate openly

Germany's constitution contains provisions that __________.

give the public control over the economy

Which doctrine allows detainees to argue their innocence before a judge?

habeas corpus

The ability of courts to decide if laws are constitutional is called __________.

judicial review

The Founding Fathers created a separation of powers system in the U.S. Constitution because they wanted to __________.

limit the power of the government

Whether minority students have the right to be educated in their first language is primarily an issue of __________.

multiculturalism

British citizens have had a clear set of rights and freedoms since __________.

the year 2000

Algerians in France and Pakistanis in Great Britain have what in common?

they are pressured to conform to the dominant culture.

It can be said that "almost all nations have constitutions" because __________.

they operate according to some set of rules

It is dangerous for a country to keep introducing new constitutions because this __________.

undermines the legitimacy of government and the rule of law

Gitlow v. New York and Scales v. the United States both __________

upheld limits on free speech when the government is under threat