Chapter 4 PoliSci

In the process of selective incorporation, which is the amendment that the Supreme Court relies on to apply most, but not all, of the provisions of the Bill of Rights to actions by the state governments?

14th amendment

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?

1990's

In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?

2008

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.

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

Act of Toleration

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

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.

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 current standard used to determine whether the establishment clause has been violated is known as the ------- test.

Lemon

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 statements about slander and libel is true?

Neither libel nor slander is protected by the First Amendment

In which of the following cases did the Supreme Court rule that for public figures to win a libel claim, they must prove actual malice?

New York Times V. Sullivan

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

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

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

Sedition Act

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

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

The Supreme Court has protected symbolic speech nearly as vigorously as actual speech. The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech.

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.

The law passed by Congress, soon after the 9/11 attacks, 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

The Eighth Amendment protects

against cruel and unusual punishment

In the case of Korematsu v. United States, 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

Under the Fifth Amendment, suspects

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

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"

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 fourteenth amendment

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 protection

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

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 ______.

exhaustive search of the a house

Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?

federal and state government

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

fifth

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

fourth

The establishment clause of the Constitution restricts which of the following?

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

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

imposing

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

he Supreme Court has ruled that prisoners should generally appeal their cases first ______.

in state courts

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.

The free-exercise clause

is part of the First Amendment. has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws. has been interpreted to mean Americans can hold any religious belief of their choosing.

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

is the largest in the world

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.

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

judges

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 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

Free speech is usually protected in the United States unless it does which of the following?

presents a clear and present danger to others leads to imminent and lawless action

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

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.

Fifth and Fourteenth Amendments

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

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

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

remain neutral to all religions

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

roe v. wade

imminent lawless action test

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. says that speech must be likely to produce lawless action.

The right to legal counsel is a ______ Amendment protection.

sixth

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by ---- governments.

state

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.

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

In the 1963 Gideon case, the Supreme Court established that ______

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

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 test

The Second Amendment protects and supports which of the following?

the right to keep and bear arms a well-regulated militia

In Lemon v. Kurtzman, the Supreme Court ruled that the state funding of salaries for teachers at parochial schools, even if they taught secular subjects, violated the establishment clause because ______.

the teachers could use classroom time to teach religious subjects

The USA Patriot Act was passed

to combat terrorism

Which of the following is a right of the accused that is protected by the Fifth Amendment?

to have a grand jury weigh the prosecution's evidence