POLS 1101 ch 03

What were the Alien and Sedition Acts?

a. laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States

The Eighth Amendment prohibits

b. cruel and unusual punishment.

The wall of separation between church and state is best found in what clause of the Constitution?

b. the establishment clause

Prayer in the public schools violates

b. the establishment clause.

Which constitutional amendment protects the individual against self-incrimination?

d. Fifth

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

d. a reasonable interpretation of other constitutional protections of individual rights.

Which of the following is not a liberty protected by the Bill of Rights?

d. equal protection of the laws

The institution that is most partial to the protection of civil liberties is

e. the judiciary.

In recent cases involving the Miranda warning, which was established in 1966, the Supreme Court has

e. upheld the constitutional principle that police must tell suspects of their right to an attorney and remain silent before they can be questioned.

The right to privacy was instrumental in which decision?

a. Roe v. Wade

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

a. a constitutional right to privacy.

Which figure is most closely associated with the idea that the First Amendment protects the "marketplace

b. Oliver Wendell Holmes

Like all other rights, the right of free expression is

b. not absolute

The Bill of Rights was ratified by the states in

c. 1791.

Public opinion surveys suggest that Americans

c. strongly support civil liberties in the abstract.

In the Constitution, procedural due process is protected by the

a. Fourth Amendment. b. Fifth Amendment. c. Sixth Amendment. d. Fourteenth Amendment.

In Mapp v. Ohio, the exclusionary rule was extended to include

a. criminal proceedings in the states.

The USA Patriot Act

a. grants the government broader powers of surveillance. b. grants the government broader powers of search. 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

In its rulings on religion in the public schools, the Supreme Court has held that

a. organized prayer and Bible reading in public schools are unconstitutional.

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

a. protections for those accused of committing a crime.

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

a. restrict speech that threatens national security

Which of the following types of speech does not receive full First Amendment protection?

a. slander b. fighting words c. obscenity

The Eighth Amendment prohibits "cruel and unusual punishment." Regarding this constitutional right, the Supreme Court has

a. tended to defer to elected officials as to the appropriate penalties for those convicted of crime. b. ruled that capital punishment of juveniles violates this right. c. ruled that capital punishment of the mentally impaired violates this right. d. ruled that repeat offenders can be given harsher sentences than first offenders.

The term eminent domain describes

a. the power of the government to take private property for public use.

Justice in the U.S. criminal justice system is defined primarily in terms of whether

a. the proper procedures for conviction have been followed.

31. The Second Amendment to the U.S. Constitution deals with

a. the right to bear arms.

The case of Gideon v. Wainwright established the right

a. to counsel in felony cases.

According to the Supreme Court, what is the status of prayer in the public schools?

b. State-supported prayers are not allowed in public schools.

The greatest threat to individual rights is

b. a determined majority backed by elected leaders eager to carry out its will.

What is a grand jury?

b. a jury that determines whether there is enough evidence to justify a trial

The due process clause of the Fifth Amendment is best described as

b. a procedural civil liberty.

The Fourth Amendment protects Americans from

b. all unreasonable searches.

17. In West Virginia State Board of Education v. Barnette the Supreme Court announced that

b. children cannot be required to salute the flag if it violates their religious faith.

The first and most famous test for determining when the government could intervene to suppress political

b. clear and present danger test.

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 the right of free speech according to the doctrine of

b. clear and present danger.

All civil liberties are

b. conditional—no right is absolute in practice because a right can conflict with other rights and society's other legitimate interests

The Supreme Court's position on tax-supported vouchers for students attending private or parochial schools is that these vouchers are

b. constitutional if students have a choice of non-religious private schools as well as religious ones.

The Lemon test involves what part of the Constitution?

b. establishment clause

Gideon v. Wainwright is to the right to an attorney as Mapp v. Ohio is to

b. freedom from unreasonable search and seizure.

The individual right that is considered to be the most fundamental to the maintenance of a democratic society is

b. freedom of expression.

The conviction of members of the American Communist party in the early 1950s was upheld as a lawful restriction of the right

b. of free expression.

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

b. reaffirmed the right to an abortion in the early months of pregnancy.

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against states and federal actions is called

b. selective incorporation.

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

b. slander.

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

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

The constitutional basis for the nationalization of the Bill of Rights is

b. the Fourteenth Amendment.

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

b. the government can clearly justify the restriction.

45. Since 1973, the right to an abortion has been

b. upheld but narrowed in scope.

What was the main reason that Alexander Hamilton did not want a bill of rights?

c. He believed it was unnecessary for a government that possessed only specifically delegated powers.

The requirement that persons under arrest be informed of their right to remain silent is known as the __________ rule.

c. Miranda

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

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

The right to legal counsel in a criminal proceeding is guaranteed by the

c. Sixth Amendment.

What was the fate of the Alien and Sedition Acts during the 1790s?

c. The acts were allowed to expire without the Supreme Court ruling on them.

The term civil liberties refers to liberties that

c. are constitutionally protected from infringement by government.

Due to the free exercise clause, the Supreme Court ruled that the Amish

c. did not have to send their children to school past the eighth grade

The establishment clause prohibits government from

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

According to the author, the test of a truly civil society is

c. its willingness to tolerate distasteful ideas.

Which of the following forms of speech are given the highest level of protection by the Supreme Court?

c. political sedition

The absorption of certain provisions of the Bill of Rights into the Fourteenth Amendment so that these rights are protected from infringements by the state governments is called

c. selective incorporation.

Which constitutional amendment has enabled the Supreme Court to protect the civil liberties contained in the Bill of Rights from being abridged by state and local officials?

d. Fourteenth

The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include

d. actions of state and local governments.

The exclusionary rule states that

d. evidence obtained illegally is inadmissible in court.

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

d. prior restraint should apply only in rare circumstances and that the press is held accountable largely for what is reported rather than by restricting what can be reported.

Government can lawfully prevent a political rally from taking place

d. when it can demonstrate clearly that a non-preventable evil will result if the rally

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 the answers are correct.

e. e. None of the answers are correct.

Supreme Court Justice Felix Frankfurter once wrote that "the history of liberty has largely been the history of the observance of procedural guarantees." By this he meant

e. that substantial legal protection for those accused of crime is a requirement of a free society.