Civics Topic 8 Review

The significance of the Texas v. Johnson case is that it extended the right A. of free speech to cover flag burning B. of privacy to passengers in vehicles C. to have a lawyer during a hearing D. to vote to low-income citizens

A. of free speech to cover flag burning

Civil disobedience

a form of protest in which people deliberately but non-violently violate the law as a means of expressing their opposition to some particular law or public policy

Which of the following correctly fills in the blank? a. Government and religion b. Education and religion c. The press and religion d. Taxes and religion

a. Government and religion

"Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and . . . inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a nation, we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate." This quotation from Justice Roberts's opinion in Snyder v. Phelps relates to which of the following? a. The 1st Amendment b. The 2nd Amendment c. The 4th Amendment d. The 6th Amendment

a. The 1st Amendment

A writ of habeus corpus is a a. court order preventing an unjust arrest or imprisonment. b. legislative act that inflicts punishment without a court trial. c. law applied to an act committed before the law was passed. d. formal complaint to a grand jury that accuses someone with a crime.

a. court order preventing an unjust arrest or imprisonment.

Which constitutional clause is used as the basis for the separation of church and State at the federal level of the U.S. government? a. Due Process Clause b. Establishment Clause c. Free Exercise Clause d. Taking Clause

b. Establishment Clause

"But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."—West Virginia Board of Education v. Barnette, 1943 What statement BEST expresses what the Court is saying about freedom of expression? a. Freedom of expression must first pass a test based on political and religious standards before it is acceptable. b. Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas. c. Freedom of expression is fine as long as the ideas being expressed deal with personal opinions rather than important topics. d. Freedom of expression needs to take into account the political and religious beliefs of others so that it is not offensive.

b. Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas.

Which of the following is the best definition of the term due process of law? a. Government must not enact too many laws or regulations. b. Government must act fairly and in accordance with established rules. c. The people must be given regular opportunities to approve or disapprove laws made by government. d. Office holders and officials must be bound by the laws.

b. Government must act fairly and in accordance with established rules.

"In some respects, the application of the Bill of Rights to the States is noncontroversial. Most agree, for instance, that States should not be allowed to abridge an individual's freedom of speech or right to assemble. In fact, as you know, most State constitutions detail many of the same protections found in the United States Constitution. But in other ways, the incorporation process has had an impact on federalism." Which example could be used to support this statement? a. The States have been required to establish a republican form of government. b. The States have been required to change their law enforcement policies to protect criminal defendants. c. The States have been required to amend their Constitutions to include a bill of rights. d. The States have been required to increase their independence from the Federal Government.

b. The States have been required to change their law enforcement policies to protect criminal defendants.

"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness . . . . They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized man."—Stanley v. Georgia In this quotation, the Court sought to a. limit the power of the police to conduct searches. b. link the right of privacy to the original intention of the Framers of the Constitution. c. deal with the government's power of eminent domain. d. emphasize the government's authority to conduct drunk driving tests, later applied in Schmerber v. California.

b. link the right of privacy to the original intention of the Framers of the Constitution.

Writs of assistance

blanket search warrant with which British custom officials had invaded private homes to search for smuggled goods

Review the two categories of due process shown here, then choose the example that would represent a violation of procedural due process. a. The law requires all citizens to show a valid form of photo ID when applying for a job. b. A police department has an official policy that it will not hire women to drive patrol cars. c. A person is sent to prison without first being advised of what crime he or she has committed. d. A government agency requires all of its employees to belong to a specific political party.

c. A person is sent to prison without first being advised of what crime he or she has committed.

The case of Schenck v. United States (1919) concerned protest activities against American involvement in World War I. Justice Oliver Wendell Holmes, Jr. said that trying to convince draft-age men to resist induction was intended to result in a crime, and posed a "clear and present danger" of succeeding. The Supreme Court decision in the case relates to a limitation on which of the following? a. Freedom of the press b. Free exercise of religion c. Freedom of speech d. Cruel and unusual punishments

c. Freedom of speech

"The Court introduced a three-pronged standard, now known as the Lemon test, to decide whether a State law amounts to an 'establishment' of religion. That standard states: (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an 'excessive entanglement' of government and religion." How has the Lemon test affected Supreme Court rulings about public aid to church-related schools? a. The Court has used the Lemon test to ban all public funding to religiously affiliated schools. b. The Court has interpreted the Lemon test in a way that allows most public funding of religious schools to continue. c. The Court has used the Lemon test to rule that most public aid to religious schools is unconstitutional. d. The Court has abandoned the Lemon test in recent rulings and is establishing a new standard.

c. The Court has used the Lemon test to rule that most public aid to religious schools is unconstitutional.

"The prosecution may not use statements . . . stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination."—Justice Earl Warren a. right of privacy b. right to trial by jury c. guarantee against self-incrimination d. security of home and person

c. guarantee against self-incrimination

Due process

concept that holds that the government must act fairly and in accord with established rules in all that it does

Substantive due process

concept that holds that the government must create fair policies and laws

Procedural due process

concept that holds that the government must employ fair procedures and methods

Injunction

court order that forces or limits the performance of some act by a private individual or by a public official

Writ of habeus corpus

court order that prevents unjust arrests and imprisonments

If this man has been charged with a federal crime, which amendment protects the right he is exercising in this conversation with his lawyer? a. 1st Amendment b. 4th Amendment c. 5th Amendment d. 6th Amendment

d. 6th Amendment

Study the examples given in the table. Then select the current legal requirements for the two types of searches that have been left blank. a. No warrant required to search a stopped automobile. No warrant required to wiretap a person's phone conversations. b. Warrant required from a judge before searching a stopped automobile. Warrant required to wiretap a phone because it violates privacy. c. Warrant required to search a stopped automobile. No warrant required to wiretap a person's phone conversations. d. No warrant required to search a stopped automobile. Warrant required to wiretap except in cases of suspected terrorist activity.

d. No warrant required to search a stopped automobile. Warrant required to wiretap except in cases of suspected terrorist activity.

"The Constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence public policy, whether in political parties, interest groups, or other organizations. It also protects the people's right to petition—to bring their views to the attention of public officials by such varied means as written petitions, letters, or advertisements; lobbying; and parades or marches." Which of these actions would be an UNCONSTITUTIONAL violation of rights? a. The police arrest a group of civil rights activists who have committed an act of civil disobedience. b. The local authorities refuse to issue a parade permit to a group who wants to march past a school during school hours. c. The police arrest a man for giving a speech that urges the violent overthrow of the government. d. The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs.

d. The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs.

Symbolic speech

expression by conduct; communicating ideas through facial expressions, with body language, or by carrying a sign or wearing an armband

Libel

false and malicious use of printed words

Slander

false and malicious use of spoken words

Involuntary servitude

forced labor

Civil liberties

guarantees of the safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and freedom of religion

Ex post facto law

law applied to an act committed before its passage

Establishment Clause

part of the 1st Amendment of the Constitution that guarantees the separation of church and State

Civil rights

term used for positive acts of government that seek to make constitutional guarantees a reality for all people, e.g., prohibitions of discrimination

Process of incorporation

the process of incorporating, or including, most of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause