American Government test 2

The First Amendment protects which of the following examples? Select all that apply.

A blogger criticizes the president's nuclear treaty with Iran. Protesters carry signs to a military funeral that read "Thank God for dead soldiers."

Rights are not absolute. Which of the following examples would support this statement? Select all that apply.

A man yells "Bomb!" at an airport. A principal censors a student's article. Protestors demonstrate on private property.

The Supreme Court protections detailed in Escobedo v. Illinois and Gideon v. Wainwright are examples of rights protected under which clause of the U.S. Constitution?

Due Process Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . . -First Amendment Which statement best explains the meaning of the guarantees provided in this excerpt from the First Amendment?

Each person is free to believe as he or she wishes in religious matters, and government cannot favor any one religion.

In School District of Abington Township, Pennsylvania v. Schempp (1963), the Supreme Court ruled that a law requiring Bible readings in public schools violated which clause of the Constitution?

Establishment Clause

But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. -West Virginia Board of Education v. Barnette, 1943 Use the excerpt to answer the question. What statement best expresses what the court is saying about freedom of expression?

Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas

The ruling in which of the following cases was similar to the ruling in Schenck v. United States?

Korematsu v. United States

What ruling did the Supreme Court make regarding flag burning in Texas v. Johnson?

Laws banning the burning of the U.S. flag are unconstitutional because flag burning is a form of free speech.

Which of the following statements best summarizes the key point of this excerpt from the Supreme Court's ruling on public assemblies in the case Cox v. New Hampshire? If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, without unfair discrimination, to time, place and manner in relation to the other proper uses of the streets. —Cox v. New Hampshire

Limits on public demonstrations are legal as long as they are reasonable and in the public interest.

Which Bill of Rights amendment would most likely be used for expansion or addition of future rights?

Ninth Ammendment

In order for a government to make a successful claim of eminent domain, which two elements must it satisfy? Select all that apply.

Prove a legitimate public good. Provide just compensation.

After the Westboro Baptist Church protested the funeral of Matthew Snyder, the Supreme Court ruling in Phelps v. Snyder upheld which rule that applies to protests?

The government cannot regulate the content of a protest.

In this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. -Schenck v. United States

The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. -Tenth Amendment This amendment is an example of which of the following?

federalism

In NAACP v. Alabama, the Supreme Court ruling was based on which freedom?

freedom of association

Read this excerpt from the Supreme Court ruling in Miranda v. Arizona, issued by Justice Earl Warren. Then identify what type of right is being discussed. The prosecution may not use statements . . . stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination. -Justice Earl Warren

guarantee against self-incrimination

In Lemon v. Kurtzman, the Supreme Court established a test for giving public money to church-sponsored schools. Which of the following are parts of the test? Select all that apply.

has a secular legislative purpose neither advances nor inhibits religion does not foster excessive entanglement

Read the following excerpt from the Supreme Court's ruling in Stanley v. Georgia. The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness . . . . They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized man. -Stanley v. Georgia In this quotation, the court sought to

link the right of privacy to the original intention of the Framers of the Constitution.

Which of the following are necessary in a constitutional search and seizure? Select all that apply.

probable cause search warran

The requirements for libel detailed in New York Times v. Sullivan protect which principle?

right to criticize the government