POLITSC 1100 CIAG Chapter 8
Prior to the passage of the Bill of Rights, how many amendments were approved by Congress? 12 50 27 10
12
What does it mean to say that the Fifth Amendment protects citizens against double jeopardy? A citizen cannot be tried without a court-appointed lawyer. A citizen cannot vote after being convicted of a federal crime. A citizen cannot be tried twice for the same crime. A citizen cannot be tried for a crime without an eyewitness.
A citizen cannot be tried twice for the same crime.
The idea of dual citizenship in the context of civil liberties refers to which of the following? Americans being subject to both state and national protections the incorporation of state laws into the Bill of Rights agreements between state and national religious establishments Americans being subject to both British and U.S. laws
Americans being subject to both state and national protections
Which of the following is an accurate statement regarding the freedom of religion? Massachusetts allowed full freedom of religion upon its founding. Every state has its own constitutional amendment protecting the freedom of religion. Americans were not always protected from state infringement on freedom of religion. Rhode Island has not always observed the separation of church and state.
Americans were not always protected from state infringement on freedom of religion.
What happened in the aftermath of the shootings that occurred at Sandy Hook Elementary School in late 2012? The NRA issued a public apology for previously supporting the right to own automatic weapons. President Obama issued an executive order banning all sales of assault weapons in the United States. The FBI opened investigations into every American citizen with a history of mental illness. Congress did not renew the federal assault weapons ban.
Congress did not renew the federal assault weapons ban.
Which of the following falls into Stage 1 of the Sherbert test? The government action furthers a "compelling state interest." Does the government action pose a substantial burden to the person's ability to act on that belief? Does the government action have a secular legislative purpose? Does the person have a claim involving any religious beliefs?
Does the government action pose a substantial burden to the person's ability to act on that belief?
What is the interlocking nature of the Due Process Clause and the Equal Protection Clause when it comes to gay rights, according to Kennedy? Gay rights involve principles of liberty (to engage in intimate sexual conduct in the privacy of the home), but they do not necessarily involve principles of equality (to enjoy all the benefits of heterosexual couples), because marriage is for the purpose of procreation. Gay rights involve certain principles of liberty and equality (to engage in intimate sexual conduct) but not all principles of liberty and equality (to adopt children in any state). The Due Process Clause and the Equal Protection Clause, taken together, require the state to allow consensual homosexual partnerships, but they do not necessarily require the state to list heterosexual spouses on death certificates. Gay rights involve both principles of liberty (to engage in intimate sexual conduct in the privacy of the home) and principles of equality (to enjoy the same benefits afforded to heterosexual couples).
Gay rights involve both principles of liberty (to engage in intimate sexual conduct in the privacy of the home) and principles of equality (to enjoy the same benefits afforded to heterosexual couples).
In which case did the Supreme Court first mention the right to privacy? Tileston v. Ullman Obergefell v. Hodges Poe v. Ullman Griswold v. Connecticut
Griswold v. Connecticut
How does Kennedy invoke the right to dignity in the closing lines of the opinion? He does not invoke the right to equal dignity. He suggests that gay couples should treat with dignity the state's vested interest in supporting life through procreation by heterosexual married couples. He suggests that gay couples are asking for the right to choose whom to love, to marry out of that love, and to find equal recognition for that marriage by the state. He suggests that any couples choosing not to marry should be given the same legal rights as married couples, whether heterosexual or homosexual.
He suggests that gay couples are asking for the right to choose whom to love, to marry out of that love, and to find equal recognition for that marriage by the state.
What was the Court's ruling in Lawrence v. Texas? It reaffirmed the decision in Bowers v. Hardwick. It legalized same-sex marriage in Texas. It extended the right to privacy to sexual conduct between consenting adults of the same sex. It extended federal marriage benefits to same-sex couples legally married in certain states.
It extended the right to privacy to sexual conduct between consenting adults of the same sex.
Why might the Supreme Court prohibit a religious practice? It may endanger human safety. It is central to the faith. Congress has outlawed the entire religion. The religion is unpopular.
It may endanger human safety.
Which of the following contemporary issues relates to the Fourth Amendment? school prayer abortion medical marijuana NSA surveillance
NSA surveillance
What happened to James Obergefell that led his case to be heard by the U.S. Supreme Court? Obergefell legally married another man in Massachusetts, but his home state of Vermont did not recognize the marriage and did not allow him and his spouse to file jointly on his tax return. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and had to pay twice as much in taxes. Obergefell was licensed to perform weddings, but he was arrested for officiating a same-sex wedding in Ohio, where gay marriage was illegal. Thus he felt that his constitutional right to religious liberty had been violated, and he sued the state of Ohio. Obergefell married his partner in Maryland, where same-sex marriage was legal, but they resided in Ohio, where it was not. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and was not listed on his spouse's death certificate. Obergefell was engaged in consensual sexual activity with another man, but he was arrested for violating Ohio state laws against sodomy. Thus he could not enjoy the same privacy rights as heterosexual couples and had his personal reputation destroyed.
Obergefell married his partner in Maryland, where same-sex marriage was legal, but they resided in Ohio, where it was not. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and was not listed on his spouse's death certificate.
Which of the following reflects a change in the interpretation of the Sixth Amendment from the past 50 years? Jury pools are allowed to exclude females when appropriate. Poor defendants in felony cases are now provided counsel by the state. Jury pools are allowed to exclude African Americans when appropriate. A jury "of one's peers" generally means a jury of white men.
Poor defendants in felony cases are now provided counsel by the state.
When did the Court establish the trimester system to structure a woman's rights during pregnancy? Webster v. Reproductive Health Services (1989) Roe v. Wade (1973) Planned Parenthood v. Casey (1992) Griswold v. Connecticut (1965)
Roe v. Wade (1973)
What happened in the aftermath of the February 14, 2018, school shooting in Parkland, Florida? Several states enacted laws or executive orders to reform gun control in their states. The U.S. Congress immediately passed a law banning the sale or possession of bump stocks. The NRA issued a public statement reversing its stance on mandatory waiting periods. President Trump issued an executive order requiring a mandatory three-day waiting period for all firearms in the United States.
Several states enacted laws or executive orders to reform gun control in their states.
Which of the following represents an accurate statement regarding the death penalty? All execution methods are acceptable, depending on state law. Execution by burning remains legal upon the defendant's request. Several states have placed a moratorium on the death penalty. The death penalty has been virtually outlawed in all states.
Several states have placed a moratorium on the death penalty.
According to Justice Kennedy's reasoning, what is the relationship between the right of same-sex couples to marry and the 14th Amendment? The 14th Amendment legitimizes same-sex relationships by decriminalizing sodomy. The 14th Amendment protects consensual relationships. The 14th Amendment requires states to provide equal benefits to all citizens regardless of marital status. The 14th Amendment promises liberty and equal protection.
The 14th Amendment promises liberty and equal protection.
What does Justice Kennedy write in the opening paragraph regarding the Constitution and liberty? The Constitution makes no promise of liberty to protect self-expression that runs counter to state interests or historical norms. The Constitution provides no guarantee of liberty, especially when exercise of that liberty offends societal and ethical conventions. The Constitution provides liberty to every law-abiding citizen, a liberty that extends to personal property and private association. The Constitution promises liberty to all within its reach, including rights that allow persons to define and express their identity.
The Constitution promises liberty to all within its reach, including rights that allow persons to define and express their identity.
Which of the following criteria was violated in Lemon v. Kurtzman? The government action must have a secular legislative purpose. The government action may not have the primary effect of advancing or inhibiting religion. The government action must further a compelling state interest. The government action may not result in excessive government entanglement in religion.
The government action may not result in excessive government entanglement in religion.
Which of the following is a criterion of the Lemon test? The government action must have the primary effect of inhibiting religion. The government action must further a compelling religious interest. The government action must have a secular legislative purpose. The government action must result in government entanglement in religion.
The government action must have a secular legislative purpose.
Why does the Second Amendment remain at the center of the gun control debate? Everyone agrees that the writing clearly allows for individual gun ownership. No federal laws have been passed to test the limits of the Second Amendment. The language of the amendment has led to opposing interpretations. The Court has yet to rule on the constitutionality of the amendment.
The language of the amendment has led to opposing interpretations.
According to Justice Kennedy's first paragraph, what does liberty have to do with a person's right to marry whomever they choose? The petitioners in the case seek to exercise their constitutional liberty by marrying someone of the same sex and having that marriage recognized as equal to heterosexual marriage. Because the right to privacy is not mentioned in the Constitution, personal liberty does not involve the state-sanctioned institution of marriage. Because the constitutional right to privacy has traditionally been interpreted to apply to reproductive issues, liberty in this case can be invoked only by heterosexual couples. The petitioners in the case seek to exercise their constitutional right to religious liberty by protecting marriage as an institution involving one man and one woman.
The petitioners in the case seek to exercise their constitutional liberty by marrying someone of the same sex and having that marriage recognized as equal to heterosexual marriage.
According to Justice Douglas, where is the right to privacy found in the Constitution? The right to privacy has no relationship to the Constitution whatsoever. The right to privacy is found in the "penumbras" of the Bill of Rights. The right to privacy is found in Article V of the U.S. Constitution. The right to privacy is found in the Fourth Amendment to the U.S. Constitution.
The right to privacy is found in the "penumbras" of the Bill of Rights.
In which of the following cases did the Supreme Court clarify the restrictions that states may impose on abortion? Griswold v. Connecticut None—states may not impose any restrictions on abortion. Webster v. Reproductive Health Services Roe v. Wade
Webster v. Reproductive Health Services
Which of the following refers to the situation in which an otherwise invalid warrant is considered valid if the officer believed he or she was acting within the boundaries of the law? improper search and seizure an unusual conduct exception a good-faith exception an in-plain-view incident
a good-faith exception
Which of the following might be considered an "exigent circumstance"? a threat to an individual's safety an item viewed by aerial surveillance a sobriety checkpoint an officer acting in good faith
a threat to an individual's safety
The 1993 Brady Handgun Violence Prevention Act prohibits which of the following people from buying a gun? a naturalized citizen who resides in the United States a man who already owns more than a hundred guns a person who has served time for a misdemeanor a woman who has been hospitalized with schizophrenia
a woman who has been hospitalized with schizophrenia
Oregon's Death with Dignity Act does which of the following? allows a physician to perform euthanasia to end a patient's life outlaws assisted suicide in Oregon allows physicians to prescribe lethal medication to terminally ill patients requires the use of Do Not Resuscitate forms in all Oregon hospitals
allows physicians to prescribe lethal medication to terminally ill patients
Which of the following forms of speech has the Supreme Court protected under the First Amendment? openly carrying guns as a form of protest falsely shouting "fire" in a crowded theater distributing leaflets urging military inductees to resist the draft burning the American flag
burning the American flag
The Bill of Rights does which of the following? allows citizens absolute freedom from the government outlines the powers of the national and state governments primarily reflects a concern with public safety describes what the federal government cannot do
describes what the federal government cannot do
Which of the following is among the most important mid-20th-century limitations on the freedom of political speech? "revengeance" against the national government "clear and present danger" direct incitement defamation
direct incitement
The Eighth Amendment and the Court's interpretation of it protect the criminally accused from which of the following? a delayed trial conviction without due process a biased jury excessive bail
excessive bail
Which type of speech "inflicts injury or tends to incite an immediate breach of the peace"? slander defamation libel fighting words
fighting words
The Supreme Court's ruling in Bowers v. Hardwick did which of the following? legalized same-sex marriage prohibited sodomy in all states extended the right to privacy to sexual conduct between consenting adults of the same sex found that states could restrict sexual activity unrelated to procreation
found that states could restrict sexual activity unrelated to procreation
The First Amendment protects which of the following liberties? the right to bear arms freedom from unreasonable search and seizure freedom of religion the right to due process of law
freedom of religion
What was the first provision of the Bill of Rights that the Supreme Court applied to the states? the death penalty income taxes freedom of speech freedom of religion
freedom of speech
Civil liberties can be described as which of the following? freedoms that protect citizens from the government rooted in the Equal Protection Clause of the 14th Amendment concerned with equality of citizenship synonymous with civil rights
freedoms that protect citizens from the government
The Fourth Amendment protects citizens from which of the following? cruel and unusual punishment illegal examination and confiscation of property facing trial without legal counsel incarceration without conviction
illegal examination and confiscation of property
According to the relevant Supreme Court standard, less-protected forms of speech are those that do which of the following? contribute to the public debate convey unsavory ideas through advertisements convey an intention to insult another person lack ideas that hold artistic or social value
lack ideas that hold artistic or social value
The Miller test is used as a standard to evaluate which form of speech? political speech defamation obscenity commercial speech
obscenity
According to the text, which form of freedom of assembly has the Supreme Court consistently found to be worthy of protection? peaceful demonstrations in public spaces uncensored journalism workers' strikes the formation of social clubs
peaceful demonstrations in public spaces
Which of the following is considered a well-protected form of speech? obscenity political speech defamation fighting words
political speech
The Citizens United decision expanded the Supreme Court's protection of free speech into which of the following arenas? political speech by individuals political speech by members of the military political speech by corporations political speech by foreign entities
political speech by corporations
An attempt by the government to block material before publication is known as which of the following? federal regulation prior restraint a national security directive a gag order
prior restraint
The Fifth Amendment includes which of the following under its protections? protection against unlawful search and seizure the right to be confronted by accusing witnesses protection against self-incrimination the right to a speedy trial
protection against self-incrimination
Which civil liberty was the most recent to be incorporated (i.e., applied to the states) by the Supreme Court? protection from excessive fines free exercise of religion no double jeopardy the right to a public trial
protection from excessive fines
The Supreme Court cases discussed in Iannacci's article applied the right to privacy to which of the following aspects of life? reproductive choices and sexual activity academic grades and criminal records personal property and internet activity communications and political affiliation
reproductive choices and sexual activity
The 14th Amendment did which of the following? abolished slavery began the process of incorporation reversed dual citizenship established the separation of church and state
reversed dual citizenship
The Supreme Court's rulings on the right to die tend toward which of the following? expanding the right to die to all states allowing the U.S. attorney general to regulate a greater degree of medical care involving controlled substances supporting the autonomy of states in the area of physician-assisted suicide giving physicians greater leeway in both prescribing and administering lethal medications for terminally ill patients
supporting the autonomy of states in the area of physician-assisted suicide
What did Justice Alito argue in the majority decision he wrote for the Supreme Court's ruling in the case of McDonald v. City of Chicago? that the federal assault weapons ban is unconstitutional that the Second Amendment should only ever apply to the federal government that the Second Amendment should be applied to the states that every citizen has the right to form or join a militia
that the Second Amendment should be applied to the states
The National Cathedral does not violate the First Amendment because it does not violate which of the following? the Necessary and Proper Clause the Free Exercise Clause the Lemon test the Establishment Clause
the Establishment Clause
Which of the following clauses in the First Amendment pertains to the freedom of religion? the Due Process Clause the Equal Protection Clause the Free Exercise Clause the Supremacy Clause
the Free Exercise Clause
According to the article, which of the following amendments served as the basis for Justice Goldberg's opinion in the Griswold case? the Ninth Amendment the Third Amendment the Fifth Amendment the Fourth Amendment
the Ninth Amendment
Which of the following laws has had the greatest implications for Fourth Amendment rights? the Emergency Economic Stabilization Act the Affordable Care Act the Patriot Act the No Child Left Behind Act
the Patriot Act
Which amendment protects states' rights? the Tenth Amendment the First Amendment the Sixth Amendment the Eighth Amendment
the Tenth Amendment
For the first half of the nation's history, the Bill of Rights protected citizens from which of the following? state governments the national government local ordinances the private sector
the national government
Which of the following rights has not yet been incorporated? no confiscation of property without just compensation no double jeopardy the right to a jury trial in a civil case the right to a public trial
the right to a jury trial in a civil case
Which of the following are considered rights guaranteed to the criminally accused by the Sixth Amendment? the right against self-incrimination the right to an impartial jury the right against double jeopardy the right against cruel and unusual punishment
the right to an impartial jury
Griswold and Buxton argued that the Connecticut law infringed on which constitutional principle? protection against unreasonable searches and seizures prohibition against the quartering of soldiers prohibition against self-incrimination the right to due process
the right to due process
What was the Obama administration's ultimate decision regarding the U.S. facilities in Guantanamo Bay? to do nothing and resume operations at the facility to relocate prisoners to facilities inside the United States and turn detainees over to civilian courts to seek more funding to support the operations of the facility through an appropriations bill to issue an executive order essentially overriding the National Defense Authorization Act
to relocate prisoners to facilities inside the United States and turn detainees over to civilian courts