Polit 100 Ch 4

75. According to some scholars, recording all custodial interrogations would satisfy the _________ prohibition against coercion and in the process render the Miranda warnings unnecessary.

Fifth Amendment's

17. The _____ prohibits Congress from passing laws "respecting an establishment of religion, or prohibiting the free exercise thereof."

First Amendment

59. In the United States, private organizations—such as Facebook—are not bound by the _________.

First Amendment

69. In the United States, private organizations—such as Facebook—are not bound by the _________.

First Amendment

47. The _____ is responsible for authorizing searches by the National Security Agency (NSA) and other intelligence agencies.

Foreign Intelligence Surveillance Court

65. The protection against "unreasonable searches and seizures" is found in the _____.

Fourth Amendment

61. In the 1963 case of _________, the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense.

Gideon v. Wainwright

73. In the 1963 case of _________, the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense.

Gideon v. Wainwright

39. In the landmark 1965 case of _____, the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First, Third, Fourth, Fifth, and Ninth Amendments.

Griswold v. Connecticut

42. Which of the following statements is true of the Freedom of Information Act of 1966?

It protects the privacy rights of individuals.

12. Which of the following is a requirement of the due process clause in the Fourteenth Amendment?

It requires that state governments protect their citizens' rights.

37. Which of the following statements is true of the preferred-position doctrine?

It states that certain freedoms are so essential to a democracy that they hold a preferred position.

30. Which of the following statements is true of the bad tendency test?

It tested whether the restriction on free speech under the Sedition Act was constitutional.

29. Which of the following statements is true of seditious speech?

It urges resistance to lawful authority such as the government.

58. Stopping an activity before it actually happens is known as _________.

prior restraint

68. Stopping an activity before it actually happens is known as _________.

prior restraint

7. The first eight amendments to the U.S. Constitution:

grant specific rights and liberties to people.

74. The Miranda warnings were created by the Supreme Court in the year _________.

1966

11. The Supreme Court upheld the view that the Bill of Rights did not apply to state laws in _____.

Barron v. Baltimore (1833)

4. Many of the civil liberties of U.S. citizens were added to the Constitution by the _____, which was ratified in 1791.

Bill of Rights

1. _____ are legal and constitutional rights that protect citizens from government actions

Civil liberties

3. _____ specify that the government must ensure equal protection under the law for all Americans.

Civil rights

62. Which Amendment prohibits excessive bail and fines and cruel and unusual punishments?

Eighth Amendment

45. Identify a true statement about the USA Patriot Act of 2001.

It allows the government to access personal information on American citizens to an extent never before allowed.

54. Which of the following statements is true of the exclusionary rule?

It forces law enforcement personnel to gather evidence properly.

13. Which of the following statements is true of the due process clause?

It has two aspects, procedural and substantive.

5. Which of the following statements is true of the writ of habeas corpus?

It is not available to citizens during times of rebellion.

32. Which of the following statements is true of commercial speech?

It is protected by the First Amendment, but not as fully as regular speech.

35. Which of the following is a criterion for a work to be ruled obscene?

It must offensively depict prohibited sexual conduct.

38. Identify a true statement about prior restraint.

Prior restraint involves the removal of objectionable materials from an item before it is published or broadcast.

48. _____ is defined as the cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime.

Probable cause

40. In the _____ case, the Supreme Court held that the "right to privacy . . . is broad enough to encompass a woman's decision whether or not to terminate her pregnancy," subject to certain regulations.

Roe v. Wade (1973)

56. According to the _________ to the U.S. Constitution, each state has the right to maintain a volunteer armed force.

Second Amendment

64. "... the right of the people to keep and bear Arms ..." is found in the _____ to the U.S. Constitution.

Second Amendment

66. According to the _________ to the U.S. Constitution, each state has the right to maintain a volunteer armed force.

Second Amendment

57. The reserved powers of the U.S. states are derived from the _________.

Tenth Amendment

67. The reserved powers of the U.S. states are derived from the _________.

Tenth Amendment

53. Which of the following is true of the provisions under the Sixth Amendment?

The Sixth Amendment guarantees a speedy trial, a trial by jury, a public trial, and the right to confront witnesses.

28. Which of the following statements is true of the freedom of expression under the First Amendment?

The Supreme Court can impose limits on speech to maintain public order

26. Which of the following statements is true of the free exercise clause of the First Amendment?

The Supreme Court has ruled consistently that the right to hold any belief is absolute.

23. Which of the following is a requirement for a state's school aid to a parochial school to be deemed constitutional?

The aid must avoid excessive government involvement in religion.

66. _____ require(s) that evidence obtained illegally not be admitted in court.

The exclusionary rule

22. Which of the following is a requirement for a state's school aid to a parochial school to be deemed constitutional?

The purpose of the financial aid must be clearly secular.

27. Which of the following statements is true of the right to refuse medical treatment under the free exercise clause of the First Amendment?

The refusal by a parent to allow lifesaving treatments for a child can be considered a serious crime.

9. Which of the following rights is guaranteed by the Sixth Amendment to the Constitution?

The right to a speedy and public trial

33. Which of the following is a criterion to prove slander?

The statements must stem from an intent to do harm.

16. The right to refuse to quarter soldiers was guaranteed by the _____ to the U.S. Constitution.

Third Amendment

71. In June 2015, Republican libertarians united with left-leaning Democrats in an attempt to place limits on the activities of the National Security Agency. This resulted in the creation of the _________.

USA Freedom Act

31. Under the _____, expression could be restricted if it would cause a critical condition, actual or imminent, that Congress had the power to prevent.

clear and present danger test

46. The National Security Agency's cloud computing program was:

designed to collect personal data from the servers of multiple corporations.

63. A(n) _____, prohibited by the Constitution, punishes individuals for committing an act that was legal when the act was committed.

ex post facto law

6. The Constitution prohibits Congress from passing _____.

ex post facto laws

60. The _________, which essentially states that illegally obtained evidence is not admissible in court, was extended to state court proceedings in 1961.

exclusionary rule

72. The _________, which essentially states that illegally obtained evidence is not admissible in court, was extended to state court proceedings in 1961.

exclusionary rule

50. In the context of the rights of criminal defendants, the Fifth Amendment:

includes the constitutional protection against self-incrimination.

14. A law that limits a fundamental right will be held to violate substantive due process, unless:

it promotes a compelling or overriding state interest.

36. For a work to be ruled obscene, it must:

lack serious literary, artistic, political, or scientific value.

25. The District of Columbia and twelve other states have _____, under which some schoolchildren may attend private elementary or high schools using educational certificates paid for by taxpayers' dollars.

limited voucher programs

21. In the context of the freedom of religion, the Supreme Court has ruled that:

public schools, which are agencies of government, cannot sponsor religious activities.

70. The practice of posting online sexually explicit photographs or videos of a former partner is called _________.

revenge porn

20. In the Engel v. Vitale (1962) case, the Supreme Court:

ruled that the Regents' prayer for public schools in New York was constitutional because the prayer was nondenominational.

51. The constitutional protection against _____ is the basis for a criminal suspect's "right to remain silent" in criminal proceedings.

self-incrimination

15. The Supreme Court was particularly active during the 1960s in broadening its interpretation of _____ to ensure that states and localities could not infringe on civil liberties protected by the Bill of Rights.

the due process clause in the Fourteenth Amendment

19. President Thomas Jefferson wanted _____ to be a "wall of separation between church and state."

the establishment clause of the First Amendment

10. An assumption regarding the Bill of Rights that was held by the courts for many years was that:

the scope of the Bill of Rights was limited to the actions of the national government

41. In the context of the practice of euthanasia, in 1997, the Supreme Court:

upheld the states' rights to ban assisted suicide or mercy killing.