smartbook ch 4 Fed Gov

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? (Select all that apply.)

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

establishment clause free-exercise clause

requires government neutrality toward religious institutions prohibits the government from interfering with individuals' practice of their religion

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

4th

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

True or false: In a 1992 cases 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

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

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

New York Times Co. v. United States

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.

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.

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"

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

expression

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

false

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

false

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

government from favoring one religion over another government from supporting religion over no religion

The establishment clause of the Constitution restricts which of the following? (Select all that apply.)

government from supporting religion over no religion government from favoring one religion over another

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.

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

it would impact law enforcement's ability to combat crime.

The Bill of Rights protects some civil liberties, including freedom

of speech. of the press. of assembly.

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

plain view exception

In Gitlow v. New York, the Supreme Court ruled that the Bill of Rights

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

The plain view exception

says evidence found in plain sight is admissible even if a suspect was stopped for another infraction.

The imminent lawless action test

says that speech must be likely to produce lawless action. says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action. has two criteria for speech advocating the unlawful use of force.

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.

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

the Fourth Amendment the Fifth Amendment the Sixth Amendment the Eighth Amendment

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

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms

The USA Patriot Act was passed

to combat terrorism.

True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.

true

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

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 inevitable discovery exception

was developed in the case of Nix v. Williams (1984). states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial. allows admission of tainted evidence in certain cases.

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

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

5th

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

Act of Toleration

What is the question at the heart of the debate over the Second Amendment?

Does the amendment give individuals the right to possess weapons?

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

Freedom of the press receives strong judicial protection.

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.

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

Lawrence v. Texas

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.

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

Roe v. Wade.

In which 2011 case did the Supreme Court rule that the First Amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action?

Snyder v. Phelps

Since the 1950s, what has been the government's approach to free speech?

The Supreme Court has ruled that national security must truly be at risk before the government can limit speech. The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically. Not a single individual has been convicted solely for criticizing the government's war policies.

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.

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

The nation was at war.

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

abortion

Freedom of expression

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

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

The Bill of Rights initially applied to which level or levels of government?

federal only

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

in state courts.

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

The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to

identify the locations at which cell phone calls were placed.

In United States v. Leon, the Supreme Court ruled that, despite the exclusionary rule, that evidence discovered under a faulty warrant was admissible because police had acted

in good faith.

The Sedition Act of 1798

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

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

According to the establishment clause, the government is required to

remain neutral toward all religions.

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

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 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 is NOT considered a Sixth Amendment protection?

the right to bear arms

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

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.

clear and present danger

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as

due process protections.

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

establishment clause.

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

Fiske v. Kansa Near v. Minnesota Hamilton v. Regents, U of C DeJonge v. Oregon

freedom of speech freedom of press freedom of religion freedom of assembly

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

imposing.

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.

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

procedural due process

Law enforcement officials sometimes controversially rely on the practice of____ ____ the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

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 acts of legislation after the September 11 terrorist attacks gave government greater surveillance power to monitor phone calls and emails without a warrant or court order?

the USA Patriot Act

In the 1963 Gideon case, the Supreme Court established that

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

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.

The Eighth Amendment protects

against cruel and unusual punishment.

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 the case of Korematsu v. United States, the courts

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

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

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.

Under the Fifth Amendment, suspects

charged with a federal crime cannot be tried unless indicted by a grand jury.

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

judges

Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?

plain view exception inevitable discovery exception good faith exception