Chapter 4 HW Qs
T/F: The original Constitution did not specify any protected rights until the Bill of Rights was adopted.
False
T/F: The Bill of Rights describes the civil rights afforded to all Americans.
False; civil liberties
T/F: The Supreme Court has generally been consistent in its protection of the right to privacy.
False; reversed several decisions
T/F: The original purpose of the 2nd Amendment was to provide for an individual right to bear arms.
False; the farmers were primarily concerned with the state militias
What does the 'wall of separation' refer to?
The 'wall of separation' refers to the dissociation between church and state.
What statement about the Supreme Court's approach to dealing with guns rights over time is accurate?
The Court did not deal with many such cases until the twenty-first century.
How does the government tend to treat the 'marketplace of ideas'?
The gov't tends to restrict very little in the 'marketplace'.
What role does the grand jury serve?
The grand jury determines if satisfactory evidence is accessible to warrant a trial.
The Fourth Amendment protects citizens from unreasonable __________ by making illegally obtained evidence _______ in court.
searches and seizures; inadmissible
In general, the Supreme Court has _______ bans on obscenity, except for cases involving ________.
struck down; broadcast television
In recent years, Supreme Court has ______ a woman's rights to seek an abortion, while _____ various state restrictions to abortion access.
upheld; approving
What are the three questions of the Lemon test?
1) Does the practice foster an excessive gov't entanglement with religion? 2) Does the practice advance or inhibit religion? 3) Does the practice have a secular legislative purpose?
What are the Bill of Rights/ First 10 Amendments?
1) Freedom of Religion, Speech, and the Press 2) The Right to Bear Arms 3) The Housing of Soldiers 4) Protection from Unreasonable Searches and Seizures 5) Protection of Rights to Life, Liberty, and Property 6) Rights of Accused Persons in Criminal Cases (Right to a speedy and public trial by jury and an attorney) 7) Rights in Civil Cases 8) Excessive Bails, Fines, and Punishments Forbidden 9) Other Rights Kept by the People (rights can not be denied) 10) Undelegated Powers Kept by the States and the People
How has the Supreme Court influenced privacy rights?
1) The Court expanded privacy rights when it ruled that women have a right to seek an abortion. 2) The Court expanded privacy rights when it ruled that states cannot make homosexual conduct a crime. 3) The Court expanded privacy rights when it ruled that people have "privacy in one's association."
Which amendment specifies the right to bear arms?
2nd
Which amendment is responsible for reversing Barron v. Baltimore and imposing some Bill of Rights protections on the states?
14th
Which amendment was most responsible for reversing Barron v. Baltimore and imposing some Bill of Rights protections on the states?
14th
How was abortion regulated prior to Roe v. Wade?
Access to abortions was regulated by state gov'ts.
The Bill of Rights was adopted as part of the Constitution as a concession to which political faction?
Antifederalists
Why was the Bill of Rights added to the Constitution?
Antifederalists demanded it for ratification of the Constitution.
Over the past 50 years, ________ has established restrictions on money in political campaigns, but _________ has reversed many of them. This is largely because political donations are considered a form of _________ speech.
Congress; the Supreme Court; protected
The _____ Amendment's ______ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ______ has to do with Congress prohibiting or interfering with the practices of religion.
First; establishment clause; free exercise clause
What case formally established the right to privacy?
Griswold v. Connecticut
What is the purpose of a "shield law"?
It protects the confidentiality of journalists' sources.
Which test did the Supreme Court create in 1971 to help determine whether a policy violated the establishment clause?
Lemon test
In which case did the Supreme Court apply 2nd Amendment protections to the states?
McDonald v. Chicago
Selective incorporation was established in which Supreme Court case?
Palko v. Connecticut
The highest rates if incarceration are found in the ______, while the lowest rates are found in the _______.
South; Northeast
What is the doctrine of strict scrutiny important to free speech?
Strict scrutiny forces the gov't to prove a reason for restricting speech.
Why is the doctrine of strict scrutiny important to free speech?
Strict scrutiny forces the gov't to prove a reason for restricting speech.
What best describes the Supreme Court's stance on public displays of religious symbols?
The Court's ruling have been inconsistent.
How has the Supreme Court decisions influenced the right to die?
The Supreme Court has not ruled definitively on the right to die.
What amendments has the Supreme Court argued have elements of the right to privacy?
Third, fourth, fifth, ninth
What is the primary function of the 8th amendment?
To protect citizens from cruel and unusual punishment
T/F: The Constitution provides a basis for a right to privacy.
True
T/F: The United States has passed laws that make it illegal to say anything that might challenge the gov't.
True
T/F: The free exercise clause protects one's right to be a nonbeliever of any religious faith.
True
How has the gov't protected the right to privacy?
Various Supreme Court cases have recognized the right to privacy.
Which case, involving a refusal to stand for the Pledge of Allegiance, established the precedent for the free exercise clause?
West Virginia State Board of Education v. Barnette
The cases of Holt v. Hobbs and Burwell v. Hobby Lobby Stores both addressed the _______ clause of the First Amendment, and in both circumstances, the Court ______ protection from religious discrimination.
free exercise; bolstered
In 2008, a landmark Supreme Court ruling recognized a(n) ________ right bear arms for the purpose(s) of ________.
individual; self-defense
The Bill of Rights initially applied to the _______ gov't(s), while today the Bill of Rights applies to the _______ gov't(s).
national; national and state
Which constitutional civil liberty was the decision of Roe v. Wade?
right to privacy
