GOVT2305 American Government Ch 4

The individual right that is widely regarded as the most basic of individual rights is

freedom of expression.

Gideon v. Wainwright required the states to

furnish attorneys for poor defendants in felony cases.

In the case of McNabb v. United States, Justice Felix Frankfurter defined the "history of liberty" primarily in terms of whether

governments had observed procedural guarantees.

The USA Patriot Act

grants the government new powers of surveillance, relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators, gives intelligence agencies the authority to share crime-related information with law enforcement agencies, was enacted in response to the terrorist attacks of September 11, 2001.

The Supreme Court

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

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

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

Like all other rights, the right of free expression is

not absolute.

The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right

of free speech.

The Supreme Court's position on prior restraint of the press is that

prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.

Civil rights

question of whether members of differing groups—racial, sexual, religious, and the like—are treated equally by government and, in some cases, by private parties.

When was the Bill of Rights ratified?

December 15, 1791

In Planned Parenthood v. Casey (1992), the justices

reaffirmed the essential aspects of Roe v. Wade.

Justice Holmes's "clear and present danger" test holds that government can

restrict speech that threatens national security.

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

selective incorporation.

The Fourth Amendment protects Americans from

unreasonable searches.

Government can lawfully prevent a political rally from taking place

when it can demonstrate that harmful acts will necessarily result from the rally

Libel applies to defamation of an individual's reputation through the

written word.

Spoken words that are known to be false and harmful to a person's reputation are an example of

slander

Civil Liberties

specific *individual rights*: right to a fair trial, that are constitutionally protected against infringement by government. - freedom of speech and the press Freedom of expression is the most basic of democratic rights, but like all rights, it is not unlimited. Due process of law" refers to legal protections (primarily procedural safeguards) designed to ensure that individual rights are respected by government. Over the course of the nation's history, Americans' civil liberties have been expanded in law and been more fully protected by the courts. Of special significance has been the Supreme Court's use of the Fourteenth Amendment to protect individual rights from action by state and local governments. Individual rights are constantly being weighed against the collective interests of society. All political institutions are involved in this process, as is public opinion, but the judiciary plays a central role and is the institution that is typically most protective of civil liberties.

In Schenck v. United States (1919), the Supreme Court ruled that

speech could be restricted when the nation's security is at stake.

The Supreme Court has reasoned that a right of privacy is provided by

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

Which of the following, relative to the others, is typically more protective of individual rights?

the judiciary

________ has executed more convicted criminals in the past quarter century than any other state.

texas

What led to the demands of the Bill of Rights?

the Constitution's failure to enumerate individual freedoms

"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 Miranda warning.

. In Bowers v. Hardwick (1986), the Supreme Court justices determined that

the right to privacy did not extend to consensual sexual relations among adults of the same sex.

Which of the following amendments contains a due process clause?

14th

In the Constitution, procedural due process is protected by the

4-6th, 14th

Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the

4th

Which constitutional amendment protects the individual against self-incrimination?

5th

The right to counsel is guaranteed by the ________ Amendment.

6th

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C

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

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

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

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

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

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

D

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

The Miranda warning was upheld by the Supreme Court in 2000 in

Dickerson v. United States.

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

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

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

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

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

Voluntary school prayer in the public schools was ruled unconstitutional in

Engel v. Vitale (1962).

Bill of Rights

First 10 amendments to the Constitution applied only to action by the federal government and not to action by the states, a position the Supreme Court affirmed a few decades later "Today: most of the rights contained in the Bill of Rights are also protected from action by the state governments, a development resulting from adoption of the Fourteenth Amendment in the aftermath of the Civil War."

Justice Stone argued in 1938 that

First Amendment rights are the basis of most other rights.

Since the 1980s, the Supreme Court has addressed the exclusionary rule by

None of these answers is correct.

Which of the following is correct with regard to obscenity and the law?

Obscenity is not protected by the First Amendment.

Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue

Prior restraint is government prohibition of speech or publication before the fact. The Supreme Court has ruled it unconstitutional, except in extreme circumstances of national security or public safety, as an illegal restraint on free expression. The burden of proof in such instances is on the government: it must clearly show that a grave danger would result from the publication. The doctrine of prior restraint was detailed in New York Times Co. v. United States (1971).

Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.

Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.

According to the Supreme Court, which is true regarding freedom of assembly?

Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable

The right to privacy was instrumental in which decision?

Roe v. Wade

Which of the following is the only country that comes close to the United States in terms of the percentage of its citizens who are behind bars?

Russia

In 2007 the Supreme Court reversed its stance on partial-birth abortion, largely due to the replacement of Sandra Day O'Connor with

Samuel Alito.

What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.

Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment's due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was used also to protect fair trial rights.

Which of the following is true about the Sedition Act of 1798?

The Act prohibited malicious newspaper stories about the president.

Which of the following is true of the appeal process?

The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.

How did the Supreme Court's position on the rights of the accused in state courts change in the 1960s?

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

How has the Supreme Court interpreted the Eighth Amendment's prohibition against cruel and unusual punishment in recent years? Explain.

The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states' ability to execute prisoners, particularly mentally retarded and juvenile ones.

Discuss the differences between the First Amendment's establishment and free exercise clauses.

The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.

According to the Supreme Court, prayer in public schools violates

the establishment clause.

According to the Supreme Court, prior restraint on the press is only acceptable if

the government can clearly justify the restriction.

The Supreme Court upheld the use of tax-supported vouchers to attend private or parochial school in

Zelman v. Simmons-Harris.

What is the greatest restriction on appeals in the United States?

a federal law that bars in most instances a second federal appeal by a state prison inmate

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by

actions of state and local governments.

When can police legally begin their interrogation of a suspect?

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

What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?

allowing the prosecution an unlimited number of challenges in capital cases

The inevitable discovery exception

allows the use of evidence that would have been discovered regardless by other means or through other forms of evidence.

The term "civil liberties" refers to specific individual rights that

are constitutionally protected from infringement by government

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 freedom of speech according to the doctrine of

clear and present danger

In Mapp v. Ohio, the selective incorporation process was extended to include

criminal proceedings in the states.

In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens

do have the right to a judicial hearing.

The Lemon test is designed to

ensure the secular nature of a government action.

The exclusionary rule states that

evidence obtained illegally is inadmissible in court.

The establishment clause prohibits government from

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

Ratification of the Bill of Rights (1791)

first 10 amendments to the Constitution list a set of rights that the federal government is obliged to protect freedoms of speech, press, assembly, and religion (First Amendment); the right to bear arms (Second Amendment); protection against unreasonable search and seizure (Fourth Amendment); protection against self-incrimination and double jeopardy (Fifth Amendment); right to a jury trial, to an attorney, and to confront witnesses (Sixth Amendment); protection against cruel and unusual punishment (Eighth Amendment).

The freedoms of speech, press, assembly, and petition are found in

first amendment

In the Johnson flag-burning case, the Supreme Court ruled that

flag burning, although offensive, cannot be prohibited.