Protecting Individual Rights
First Amendment
5 freedoms: speech, press, religion, assembly, petition
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
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.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.
Act of Toleration
The free-exercise clause has been interpreted to mean that ______.
Americans cannot always act on their religious beliefs if they conflict with other laws Americans can hold any religious belief of their choosing
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
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.
False
True or false: The right to appeal after conviction is guaranteed in the Constitution.
False
Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?
Fifth
Free Exercise Clause
First Amendment requirement that law cannot prevent free exercise of religion
What constitutional amendment is of special significance for the Supreme Court when considering how to best protect individual rights from action by state and local governments?
Fourteenth
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 statements is true regarding freedom of the press?
Freedom of the press receives strong judicial protection.
Which of these groups 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
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
Eighth Amendment
No cruel and unusual punishment
The right of an individual to be left alone without any interference from others is known as the right to ______.
Privacy
Which of the following statements are true concerning the right of assembly?
Regulations of public assemblies must be applied fairly to all groups. Public officials can regulate the time and place of assemblies. Individuals cannot hold an assembly at a busy intersection during rush hour.
Fourth Amendment
Protects against unreasonable search and seizure
Sixth Amendment
Right to a speedy and public trial
The constitutional right to bear arms is found in which of the following amendments?
Second Amendment
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.
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 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: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.
True
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 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 was the subject under consideration in Roe v. Wade (1973)?
abortion rights
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 Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully ______.
ban sexual relations between consenting same-sex adults
The USA Patriot Act was passed in order to______.
combat terrorism
The Eighth Amendment protects people convicted of crimes from ______.
cruel and unusual punishment
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 offense" determining if a punishment violates "fundamental standards of good conscience and fairness" determining if a punishment is "unnecessarily cruel"
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
In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the ______.
establishment clause
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
Under the Fifth Amendment, suspects charged with a ______.
federal crime cannot be tried unless indicted by a grand jury
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
Civil Liberties
freedoms to think and act without government interference or fear of unfair legal treatment
The Supreme Court has ruled that prisoners should generally appeal their cases first ______.
in state courts
As a result of changes in sentencing policies, the U.S. prison population, per capita, ______.
is the largest in the world
The Sedition Act of 1798 attempted to:
make it a crime to publish stories that are harshly critical of the president
The Bill of Rights protects a number of civil liberties, including freedom ______.
of the press of speech of assembly
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
In the case of New York Times Co. v. United States (1971), the Supreme Court ruled that ______.
prior restraint is unconstitutional without a compelling argument for the restriction
Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?
procedural due process
Fifth Amendment
prohibits government from forcing individuals to testify against themselves.
Law enforcement officials sometimes controversially rely on the practice of____.
racial profiling
According to the establishment clause, the government is required to ______.
remain neutral toward all religions
Which of the following are considered civil liberties?
right to a fair trial freedom of religion freedom of speech
The Supreme Court has upheld a law banning what is termed a "partial-birth abortion." In her dissent, Justice Ruth Bader Ginsburg maintained that the law ______.
risks women's lives and health
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
Which of the following amendments contribute to ensuring criminal due process?
the Fourth Amendment the Eighth Amendment the Fifth Amendment the Sixth Amendment
What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?
the Sedition Act
In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?
the U.S. Uniform Code of Military Justice the Geneva Convention
Which of the following acts of legislation after the September 11 terrorist attacks gave the government greater surveillance power to monitor phone calls and emails without a warrant or court order?
the USA Patriot Act
The Supreme Court has recently employed the Eighth Amendment to ban which of the following?
the death penalty for the mentally ill the death penalty for juveniles life sentences without parole for juveniles
What are the religious clauses in the First Amendment?
the free-exercise clause the establishment clause
In the 1963 Gideon case, the Supreme Court established that ______.
the government must provide lawyers to individuals who cannot afford their own attorney
Identify the rights that the federal government is obliged to protect according to the Bill of Rights.
the right to an attorney protection from unreasonable searches protection from self-incrimination the right to a jury trial
Which of the following is not considered a Sixth Amendment protection?
the right to bear arms
Griswold v. Connecticut was a case dealing with ______.
the right to privacy
Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona (1966)?
the right to remain silent the right to an attorney
Civil Rights
the rights of citizens to political and social freedom and equality.
Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit ______.
the use of contraceptives by a married couple
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 Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was ______.
under the jurisdiction of the United States courts
Freedom of expression, provided by the First Amendment, allows Americans to ______.
write or publish almost anything, with some limits communicate thoughts of their choosing