POS110 Ch4

Which of the following was the subject under consideration in Roe v. Wade (1973)?

Abortion rights

What would be the result of total incorporation?

Applying the totality of the Constitution to the actions of state governments

The example of federalism in the podcast was of ________ arguing that they were not bound by the Supreme Court decision in Brown v. Board of Education

Arkansas

The USA Patriot Act was passed in order to...

Combat terrorism

Selective incorporation cases in the 1960s focused on which area?

Criminal due process

The Eighth Amendment protects people convicted of crimes from...

Cruel and unusual punishment

What was the goal of the Fourteenth Amendment?

Ensuring equal treatment under the law

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the...

Establishment clause

What are the religious clauses in the First Amendment?

Establishment clause; Free exercise clause

Which of the following is a description of the plain view exception?

Evidence found in plain sight is admissible even if a suspect was stopped for another, unrelated infraction

T or F: Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial

False

True or false: In a 1992 case involving a St. Paul, Minnesota, city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."

False

True or false: The right to appeal after conviction is guaranteed in the Constitution

False

________ is a system in which two governments are both sovereign and co-existing

Federalism

Since the United States does not solely have a national government, but also has governments that operate under and alongside the federal government, the United States is a...

Federation

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

Fifth amendment

In Griswold v. Connecticut the Supreme Court ruled that the right to privacy could be found in the "penumbras" or shadows of which amendments?

First, Third, Fourth, and Fifth

Match the Supreme Court case with the freedom incorporated into the states: Fiske v. Kansas; Near v. Minnesota; Hamilton v. Regents, U of C; DeJonge v. Oregon

Fiske v. Kansas - Freedom of speech Near v. Minnesota - Freedom of press Hamilton v. Regents, U of C - Freedom of religion DeJonge v. Oregon - Freedom of assembly

Which of the following amendments was specifically designed to be binding on the states?

Fourteenth

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

Fourth

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 clause

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the...

Free exercise clause

Under which of the following Supreme Court cases did part of the Bill of Rights first become incorporated to apply to actions by the states?

Gitlow v. New York

In which 1965 case did the Supreme Court consider whether a "right to privacy" could be found in the Constitution?

Griswold v. Connecticut

State governments are important as primary lawmakers and are responsible for all of the following EXCEPT ________ not mentioned in the podcast

Immigration law

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court acknowledged that the decisions would...

Impact law enforcement's ability to combat crime

The barrier to restrict speech established in Brandenburg v. Ohio (1969) is best described as...

Imposing

The Supreme Court has ruled that, despite the exclusionary rule, evidence discovered under a faulty warrant is admissible if the police have acted...

In good faith

Which of the following are true of the inevitable discovery exception?

It allows admission of tainted evidence in certain cases. It states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial.

How did Congress react when the former Confederate states (except Tennessee) refused to ratify the Fourteenth Amendment?

It placed the states under military rule until they agreed to do so

Who is typically more protective of individual rights?

Judges

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

De jure segregation is allowed by what?

Law

Civil ______ refer to individual rights, such as the freedom of speech and religion, while civil ______ refer to equality under the law for different groups such as racial or religious minorities

Liberties; Rights

Which Supreme Court case is an example of recent incorporation?

McDonald v. Chicago

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

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

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...

One appeal

Why does de facto segregation typically occur?

People choose to live with others who share their racial and ethnic characteristics

Which of the following allows the admission of evidence that was immediately visible in the course of stopping a person for another infraction?

Plain view exception

The "separate but equal" doctrine was established by which Supreme Court decision?

Plessy v. Ferguson

The attempt to block the publication of material considered to be harmful is known as ______ restraint

Prior

The right of an individual to be left alone without any interference from others is known as the right to...

Privacy

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

Procedural due process

According to the establishment clause, the government is required to...

Remain neutral towards all religions

The Second Amendment protects and supports which of the following?

Right to bear arms; Right to a well regulated militia

What is the current status of de jure segregation in the United States?

Segregation is not permitted anywhere

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

Freedom of ______ is the right of individual Americans to hold and communicate thoughts of their choosing

Speech

The Bill of Rights protects a number of civil liberties, including freedom..

Speech, of the press, of assembly

In a conflict between state and federal government, the Constitution, via the ________, makes it clear that the federal government wins

Supremacy clause

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

Texas's sodomy laws

In Schenck v. United States (1919), Justice Holmes used which analogy in upholding the government's right to restrict speech that poses a clear and present danger?

The First Amendment does not permit a person to falsely yell "Fire" in a crowded theater

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

Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?

The good faith exception

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war

Why was the National Security Agency's collection of Americans' phone records, as revealed by Edward Snowden in 2013, ruled unlawful by a Federal appellate court?

The program had not been authorized by Congress

What is not considered a Sixth Amendment protection?

The right to bear arms

Griswold v. Connecticut was a case dealing with...

The right to privacy

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

They must be systematic and not arbitrary. They serve an important highway safety objective.

What is the purpose of the Fifth and Fourteenth Amendments?

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

True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety

True

Passed by Congress soon after the 9/11 attacks, the law 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

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

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

The exclusionary rule is based on the Supreme Court decision in...

Weeks v. United States

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

In the case of Korematsu v. United States (1944), the courts...

allowed government polices during wartime that would not be allowed in times of peace

In its rulings in Riley v. California (2014) and United States v. Wurie (2014), the Supreme Court compared the search of a suspect's cell phone or similar electronic device to...

an exhaustive search of a suspect's home

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully...

ban sexual relations between consenting same-sex adults

The idea that the state must use procedures under the law before depriving someone of life, liberty, or property is part of the...

due process clause of the Fourteenth Amendment

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

Under the Fifth Amendment, suspects charged with a...

federal crime cannot be tried unless indicted by a grand jury

Which of the following are considered civil liberties?

freedom of speech freedom of religion right to a fair trial

In Gitlow v. New York (1925), the Supreme Court ruled that the Bill of Rights protects...

individuals from actions by state governments as well as the federal government

The Supreme Court has ruled that the right to privacy includes both _____________ and _______________ associations

intimate; expressive

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

is the largest in the world

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

life sentences without parole for juveniles the death penalty for the mentally ill the death penalty for juveniles

The Sedition Act of 1798 attempted to...

make it a crime to publish stories that are harshly critical of the president

Free exercise clause

prohibits the government from interfering with individuals' practice of their religion

In Griswold v. Connecticut the Supreme Court considered whether the right to privacy includes a couple's right to...

receive information regarding contraception

Establishment clause

requires government neutrality toward religious institutions

The Supreme Court has ruled that the right of free assembly...

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

For the government to restrict speech, the imminent lawless action test requires...

that the speech must actually be likely to produce lawless action that the speech must be directed at inciting or producing imminent lawless action that it satisfy two criteria for speech advocating the unlawful use of force

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the Geneva Convention the U.S. Uniform Code of Military Justice

The Bill of Rights refers to

the first ten amendments to the U.S. Constitution

In Brandenburg v. Ohio (1969) the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

In which two decades did the first wave of selective incorporation occur?

1920s and 1930s

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances

In 1993, a Wisconsin law that allowed lengthier sentences for hate crimes was challenged as a violation of the First Amendment. How did the Court rule?

It upheld the law because it was not aimed at free speech but at actions that were not protected by the First Amendment

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour. Regulations of public assemblies must be applied fairly to all groups.

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

determining whether a punishment is "disproportionate to the offence" determining if a punishment is "unnecessarily cruel" determining if a punishment violates "fundamental standards of good conscience and fairness"