POLYSCI CH.4

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What was challenged by Lawrence v. Texas (2003)?

Texas's sodomy laws

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights.

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

1 one appeal

In which decade did the election of "tough on crime" candidates lead to state legislatures enacting stiffer penalties for crime while also limiting judges' abilities to reduce sentences for nonviolent crimes of first-time offenders?

1990s

The right to legal counsel is a ______ Amendment protection.

6

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?

Burwell v. Hobby Lobby

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

Fifth

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection.

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas.

The Supreme Court decision that determined that the right to privacy extended to include abortion is

Roe v. Wade.

The Supreme Court decision in Schenck v. United States established which principle?

The federal government can restrict free expression but it does not have unlimited authority to do so.

Where is the Bill of Rights located in the U.S. Constitution?

The first ten amendments to the Constitution make up the Bill of Rights.

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act.

The exclusionary rule is based on the Supreme Court decision in

Weeks v. United States (1914).

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge.

Which of the following best describes the subject under consideration in Roe v. Wade?

abortion

Freedom of expression

does not cover some forms of commercial speech, such as advertising. does not cover obscene forms of sexual expression. allows individual Americans to communicate thoughts of their choosing.

The ______ clause of the First Amendment bans the state from helping religious institutions, whereas the ______ clause bans the state from restricting the free practice of religion by individuals.

establishment; free-exercise

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

false

The right to appeal after conviction is guaranteed in the Constitution.

false

The free-exercise clause

has been interpreted to mean Americans can hold any religious belief of their choosing. has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws. is part of the First Amendment.

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

The Supreme Court has ruled that prisoners should generally appeal their cases first

in state courts.

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

The Fifth and Fourteenth Amendments

provide that no person can be deprived of life, liberty, or property without due process of law.

According to the establishment clause, the government is required to

remain neutral toward all religions.

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

the right to an attorney the right to remain silent

Griswold v. Connecticut was a case dealing with

the right to privacy.

Which of the following is a right of the accused that is protected by the Fifth Amendment?

to have a grand jury weigh the prosecution's evidence

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

undue burden

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

4

Which of the following amendments contribute to ensuring criminal due process?

4, 5, 6, 8

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

Why was the National Security Agency's wiretapping of phone calls and e-mail messages originating in the United States, first revealed by The New York Times in 2005, controversial?

The wiretapping had been authorized by President George W. Bush without approval from the courts. The NSA had collected data on nearly every call made by Americans.

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial.

As a result of changes in sentencing policies, the U.S. prison population, per capita,

is the largest in the world.

In the case of New York Times Co. v. United States

it was ruled that prior restraint is unconstitutional without a compelling argument for the restriction.

Which of these groups is typically more protective of individual rights?

judges

The Sedition Act of 1798

made it a crime to publish stories that were harshly critical of the president.

In the 1963 Gideon case, the Supreme Court established that

the government must provide lawyers to individuals who cannot afford their own attorney.

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

The Eighth 8 Amendment protects

against cruel and unusual punishment.

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

the USA Patriot Act


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