Chapter 4 Government and Politics

4. (p. 113) Justice Holmes's "clear and present danger" test holds that government can A. restrict speech that threatens national security. B. restrict any speech of an inflammatory nature. C. imprison political dissidents during time of war without following normal procedures. D. engage in prior restraint of the press whenever national security is at issue. E. restrict speech that is disrespectful to specific classes of citizens.

A. restrict speech that threatens national security.

52. (p. 131) When can police legally begin their interrogation of a suspect? A. immediately upon arrest B. after the suspect has been warned that his or her words can be used as evidence C. only after the suspect has met with an attorney D. after the suspect has been arrested and is in the custody of the police E. after the suspect has been formally charged with a specific crime

B. after the suspect has been warned that his or her words can be used as evidence

12. (p. 118) Which of the following is correct with regard to obscenity and the law? A. Obscenity is not protected by the First Amendment. B. Obscenity is never unlawful. C. Child pornography is protected by the First Amendment. D. Obscenity has been easy for courts to define with precision. E. Obscenity is protected under the Ninth Amendment.

A. Obscenity is not protected by the First Amendment.

22. (p. 124) The right to privacy was instrumental in which decision? A. Roe v. Wade B. Mapp v. Ohio C. Schenck v. United States D. Miranda v. Arizona E. New York Times Co. v. United States

A. Roe v. Wade

51. (p. 113) If a person yells "fire" in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his/her freedom of speech according to the doctrine of A. malice. B. clear and present danger. C. unlawful assembly. D. privacy. E. prior restraint.

B. clear and present danger.

3. (p. 106) The individual right that is widely regarded as the most basic of individual rights is A. the right to an attorney. B. freedom of expression. C. the right to a jury trial. D. the right to an adequate education. E. protection against illegal searches and seizures.

B. freedom of expression.

5. (p. 106) Like all other rights, the right of free expression is A. spelled out in precise terms in the Bill of Rights. B. not absolute. C. fully respected by public officials. D. protected from action by federal officials but not state officials. E. None of these answers is correct.

B. not absolute.

23. (p. 125) In Planned Parenthood v. Casey (1992), the justices A. ruled that states are free to adopt abortion laws of their choosing. B. reaffirmed the essential aspects of Roe v. Wade. C. invoked the Ninth Amendment for the first time in an abortion decision. D. invalidated the right to an abortion in the early months of pregnancy. E. None of these answers is correct.

B. reaffirmed the essential aspects of Roe v. Wade.

15. (p. 120) According to the Supreme Court, prayer in public schools violates A. the free exercise clause. B. the establishment clause. C. the exclusionary rule. D. procedural due process. E. the clear and present danger test.

B. the establishment clause.

27. (p. 104) The Fourth Amendment protects Americans from A. any search conducted without a warrant. B. unreasonable searches. C. unreasonable searches conducted only by federal officers. D. all searches conducted by state officers. E. searches conducted only by local officers.

B. unreasonable searches.

36. (p. 131) "You have the right to remain silent....Anything you say can and will be used against you in a court of law....You have the right to an attorney". This is called the A. preferred position doctrine. B. clear and present danger test. C. Miranda warning. D. fairness doctrine. E. None of these answers is correct.

C. Miranda warning.

44. (p. 106) The right to counsel is guaranteed by the ________ Amendment. A. First B. Fifth C. Sixth D. Ninth E. Tenth

C. Sixth

54. (p. 136) Roughly a third of all U.S. executions in the past quarter-century have taken place in A. Vermont. B. South Carolina. C. Texas. D. Alabama. E. California.

C. Texas.

48. (p. 110-111) How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s? A. The Supreme Court began to allow states greater freedom to interpret the rights of the accused. B. The Supreme Court began to dramatically reduce federal power to force the states to make special accommodations for the rights of accused minorities. C. The Supreme Court began to protect the rights of the accused from action by the states. D. The Supreme Court position did not change noticeably. E. The Supreme Court ceased to enforce the practice of selective incorporation.

C. The Supreme Court began to protect the rights of the accused from action by the states.

2. (p. 105) The term civil liberties refers to specific individual rights that A. apply in civil cases but not in criminal cases. B. apply in civil cases but not in military ones. C. are constitutionally protected from infringement by government. D. are constitutionally protected from infringement by individuals. E. are not covered by the First Amendment.

C. are constitutionally protected from infringement by government.

13. (p. 120) The establishment clause prohibits government from A. establishing exceptions to the Bill of Rights. B. establishing exceptions to the Fourteenth Amendment. C. favoring one religion over another or supporting religion over no religion. D. interfering with freedom of assembly. E. interfering with the right to bear arms.

C. favoring one religion over another or supporting religion over no religion.

33. (p. 116) In the Johnson flag-burning case, the Supreme Court ruled that A. flag burning is an imminent danger to public safety. B. flag burning is not symbolic speech. C. flag burning, although offensive, cannot be prohibited. D. flag burning can be prohibited by the national government but not by the states. E. flag burning could be banned by Congress.

C. flag burning, although offensive, cannot be prohibited.

10. (p. 109) The inclusion of certain provisions of the Bill of Rights in the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called A. the preferred position doctrine. B. procedural change. C. selective incorporation. D. the absorption doctrine. E. prior restraint.

C. selective incorporation.

41. (p. 106) Which constitutional amendment protects the individual against self-incrimination? A. First B. Second C. Fourth D. Fifth E. Ninth

D. Fifth

46. (p. 108) Which of the following amendments contains a due process clause? A. First B. Tenth C. Third D. Fourteenth E. Twenty-first

D. Fourteenth

1. (p. 108) The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by A. actions of the president. B. the actions of individuals. C. actions of the federal government. D. actions of state and local governments. E. actions of the U.S. military.

D. actions of state and local governments.

17. (p. 133) The exclusionary rule states that A. federal law cannot be applied in state courts. B. the laws of one state court cannot be applied in the courts of another state. C. after seven years, the statute of limitations applies, except in murder cases. D. evidence obtained illegally is inadmissible in court. E. state law cannot be applied in federal courts.

D. evidence obtained illegally is inadmissible in court.

21. (p. 124) The Supreme Court has reasoned that a right of privacy is provided by A. the Civil Rights Act of 1964. B. the Ninth Amendment, which says that people's rights are not limited to those enumerated in the Constitution. C. the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government. D. the implication of said right by the freedoms in the Bill of Rights. E. the Civil Rights Act of 1991.

D. the implication of said right by the freedoms in the Bill of Rights.

50. (p. 128) In the Constitution, procedural due process is protected by the A. Fourth Amendment. B. Fifth Amendment. C. Sixth Amendment. D. Eighth Amendment. E. All these answers are correct.

E. All these answers are correct.

56. (p. 141) The USA Patriot Act A. grants the government new powers of surveillance. B. relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators. C. gives intelligence agencies the authority to share crime-related information with law enforcement agencies. D. was enacted in response to the terrorist attacks of September 11, 2001. E. All these answers are correct.

E. All these answers are correct.

43. (p. 133) Since the 1980s, the Supreme Court has addressed the exclusionary rule by A. expanding its application to virtually all criminal cases both at the state and federal levels. B. determining that the rule was unconstitutional, in that it weakened the effectiveness of the police in maintaining an orderly society. C. expanding its application to federal cases only. D. expanding its application to state cases only. E. None of these answers is correct.

E. None of these answers is correct.

47. (p. 115) The Supreme Court A. has ruled that even forms of symbolic speech considered to be dangerous to the public are protected. B. ruled during the Vietnam war that the burning of draft registration cards was a protected form of symbolic speech. C. has reduced its protections of symbolic speech dramatically, and recently has ruled against flag burning as a form of protected symbolic speech. D. has protected symbolic speech much more substantially than it has protected verbal speech. E. has generally protected symbolic speech, though less substantially than it has protected verbal speech.

E. has generally protected symbolic speech, though less substantially than it has protected verbal speech.

29. (p. 142) Which of the following, relative to the others, is typically more protective of individual rights? A. the U.S. Congress B. the general public C. public opinion D. the presidency E. the judiciary

E. the judiciary