POLS120 InQuisitive Ch. 4

The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?

Antifederalists

The Constitution does not provide a basis for a right to privacy. True or false?

False

How does the "wall of separation" apply to the establishment clause?

It prevents the government from establishing an official religion.

Why are the Miranda rights important in protecting the rights of the arrested?

The Miranda rights notify citizens that they have protection from self-incrimination. The Miranda rights remind citizens that they can use a lawyer in their defense. The Miranda rights remind citizens that there are lawyers paid for by the government to act on their defense.

What did the Supreme Court do to stop the formation of private militias during the late 1800s?

The Supreme Court clearly defined what militias were for.

In New York Times v. Sullivan, the Supreme Court established two conditions for libel against a public figure. What are they?

The story must be (untrue). The story must be motivated by "(actual malice)" or "reckless (disregard)" for the (truth).

Why has the "stop and frisk" police tactic been a topic of controversy?

This tactic has been linked to racial profiling. This tactic has become routine for some police departments. This tactic leaves a lot of discretion to a police officer to determine probable cause.

How has the government protected the right to privacy?

Various Supreme Court cases have recognized the right to privacy

Examples of freedom of speech:

Walter's Widgets, Inc., runs ads supporting a political candidate A protestor burns the Texas state flag A person protests outside a politician's funeral

a. Federal b. State and Federal

a. 7th & 10th Amendments b. 1st & 8th Amendments

a. McDonald v. Chicago b. District of Colombia v. Heller

a. The Supreme Court allowed individuals to own guns within the city limits of a major metropolitan area. b. The Supreme Court banned handguns in the country's capital.

a. First Amendment b. Both c. Second Amendment

a. allows for freedom of speech, allows for freedom of press b. limits the gov't's power, protects individual freedom, within the Bill of Rights, reserves powers to the public c. allows for the right to bear arms

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

a. protects against unreasonable searches and seizures b. protects citizens from being tried twice for the same alleged crime (double jeopardy) c. protects citizens by giving the right to receive counsel for defense of a crime d. protects citizens from being tortured or excessively threatened

prior restraint

government efforts to block the publication of material

The Supreme Court has not been consistent in its protection of the right to privacy. For example, it ____________ several decisions that limited the right to privacy. Initially, the Court did not extend the right to privacy to _____________. However, in 2003, the Court ruled that states ______________.

reversed, homosexuals, cannot prohibit homosexual contact

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights?

right of habeas corpus right to trial by jury in the state where a crime was committed

The Fourth Amendment protects citizens from unreasonable ____________________. It does this by guaranteeing citizens due process of law and applying the ___________________, which makes "evidence" from illegal searches inadmissible.

searches & seizures, exclusionary rule

speech plus

speech accompanied by actions such as protesting

The Second Amendment was written during the 1700s, when state governments could not guarantee weapons for _____________. The states could not be trusted to distribute weapons in times of emergency, so eligible citizens kept their own _____________ in their homes. Therefore, the right "________________" was directly related to whether the states could provide weapons for their militias. Most states could not.

state militia, firearms, to keep and bear arm

What role does the grand jury serve?

The grand jury determines determines if satisfactory evidence is accessible to warrant a trial

Lemon v. Kurtzman established the Lemon test in 1971, which defined criteria under which government aid to religious schools would be acceptable. Which of the following criteria are included in the test?

1. If the school had a secular purpose 2. If the school did not entangle government and religious institutions in each other's affairs 3. If the school's effect was neither to advance nor to inhibit religion

The evolving definitions of unprotected obscenity in chronological order.

1. Obscenity is material that appeals to "prurient interest" 2. Obscenity is prurient material, having no social value, depicting sexual conduct in an offensive way 3. Obscenity was largely deregulated

The evolution of privacy rights in order from oldest to most recent:

1. The Supreme Court ruled in favor of marital privacy 2. The Supreme Court expanded the right to privacy with regard to abortions 3. The Supreme Court ruled that gays did not have a right to privacy 4. The Supreme Court ruled that gays have a right to privacy

which kinds of situations demonstrate libelous speech?

A newspaper falsely accuses a mayor of corruption with the intention of damaging the mayor's career. A magazine that wants to boost its circulation runs an article falsely accusing a senator of running a gambling ring.

Read the following instances of commercial speech and select those that can and cannot be regulated by the government.

A pastry shop places a large sign on the grounds of a local police station. A juice company falsely claims that its product is a treatment for cancer.

Freedom of religion is one of several civil liberties protected in the first ten amendments to the Constitution, the ________________. The _______________ Amendment specifically addresses religious freedom and has two bolstering clauses—the establishment clause and the _______________.

Bill of Rights, First, free exercise clause

Which statements were among Alexander Hamilton's arguments concerning the Bill of Rights?

Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. To limit powers it had not been granted might lead the government to claim more powers. Hamilton argued that the Constitution was a bill of rights in itself since it contained provisions that amounted to a bill of rights.

How did the Supreme Court's ruling on birth control affect the status of privacy in the United States?

In the 1965 Griswold case, the Supreme Court ruled that states may (not ban) the use of contraceptives without violating (marital privacy). The Court ruled that the Third, (Fourth), and Fifth Amendments protected the right to privacy. This was the first time the Court formally recognized privacy rights.

In ensuring rights for citizens, the Bill of Rights checks the powers of the branches of government. Match the following branches of government to their corresponding amendments.

Legislative: First Judiciary: Second, Third, Fourth Executive: Fifth, Sixth, Seventh, Eighth

What age and race did males have to be to serve in a militia during the 1700s?

Males had to be white and between the ages of 18 and 45

Selective incorporation, the process by which different protections in the Bill of Rights were applied to the states as well as the federal government, was established in which Supreme Court case?

Palko v. Conneticut

Why is the doctrine of strict scrutiny important to free speech?

Strict scrutiny forces the government to effectively prove a reason for the restriction or censorship of speech

How has the Supreme Court influenced privacy rights?

The Court expanded privacy rights when it ruled that women have a right to seek an abortion. The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. The Court expanded privacy rights when it ruled that people have "privacy in one's association."

How have Supreme Court decisions influenced the right to die?

The Supreme Court has not ruled definitively on the right to die

Which gun laws are practiced in Wyoming?

Wyoming does not require a permit when holding a concealed weapon. Wyoming does not have a ban on possessing any type of gun. Wyoming does not implement a probationary waiting period before purchasing a gun.

public forum doctrine

protection of public spaces, traditionally used for assembly