Chapter 4 POSC

All of the following rights are part of the First Amendment EXCEPT A)a protection against unreasonable search and seizure. B)a protection against the establishment of a national religion. C)the right to peaceably assemble. D)the right to petition the government for a redress of grievances.

A The Origins of Rights and Liberties. "A protection against unreasonable search and seizure" refers to the Fourth Amendment. All the other rights listed are parts of the First Amendment, in addition to freedom of speech, freedom of the press, and the free exercise of religion.

Which of the following is true about distinguishing between the terms "civil rights" and "civil liberties"? A)The Founders understood the importance of clearly distinguishing between civil rights and liberties. B)Civil liberties refer to the protection of citizens from improper government action; civil rights refer to the protection by the government for equality. C)There is no distinction between civil rights and civil liberties. D)Civil liberties refer to the protection by the government for equality; civil rights refer to the protection of citizens from improper government action.

B Defining Civil Rights and Liberties. While these terms are often used interchangeably, civil rights refer to the protection of citizens from improper government action, whereas civil rights refer to the protection by the government for equality. In the era of the country's Founding, these protections were all referred to as civil rights.

What did the cases of District of Columbia v. Heller (2008) and McDonald v. Chicago (2010) do? A)established a window of what sorts of affirmative action policies were permissible in university admissions B)limited the laws that governments could pass restricting gun ownership C)ruled that the Defense of Marriage Act was unconstitutional D)upheld extensions of the Civil Rights Act of 1964 and Voting Rights Act of 1965

B Introduction. The Heller case took an expansive view of the Second Amendment and held that governments had restricted ability to pass and enforce gun control laws. The McDonald case ruled that the Second Amendment is made applicable to state and local governments by the Fourteenth Amendment.

What term describes the principle that laws passed and enforced by the states must apply fairly to all individuals? A)affirmative action B)due process C)equal protection D)incorporation

C Incorporating the Bill of Rights into the Fourteenth Amendment. This is the definition of equal protection. Affirmative action refers to active measures to redress previous discrimination. Due process is the right to legal protections against arbitrary deprivation of life, liberty, or property. Incorporation is the process by which rights and liberties established by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment.

What were Jim Crow laws? A)laws enacted before the Civil War to protect the institution of slavery B)laws enacted during the 1960s to guarantee rights to African Americans nationwide C)laws passed after the Civil War to establish a system of segregation of public facilities and private establishments that made African Americans second-class citizens D)the process by which rights and liberties established by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment

C Race, Ethnicity, and Nationality. Jim Crow laws were adopted by many southern states after the Civil War. Despite the abolition of slavery with the passage of the Thirteenth Amendment in 1865, laws such as these furthered discrimination for many years thereafter.

The Supreme Court's decision in Griswold v. Connecticut (1965) demonstrates what about civil rights and liberties? A)The only civil rights and liberties that are protected are those that are clearly mentioned in Articles I through IV of the Constitution. B)It is the job of Congress to define clearly what civil rights and liberties are protected. C)The Court has, at times, "discovered" additional rights and liberties that weren't explicitly mentioned in the Constitution. D)The only civil rights and liberties that are protected are those that are clearly mentioned in the Bill of Rights.

C The Origins of Rights and Liberties. In Griswold v. Connecticut (1965), the Court declared that a right to privacy is implied in the Constitution. This was a right that is not explicitly mentioned in the Constitution.

Which of the following is true about incorporation? A)Upon ratification of the first 10 amendments, the Bill of Rights was immediately and completely incorporated. B)Upon ratification of the Fourteenth Amendment, the Bill of Rights was immediately and completely incorporated. C)The Bill of Rights was gradually incorporated, starting after the ratification of the first 10 amendments. D)The Bill of Rights was gradually incorporated, starting after the ratification of the Fourteenth Amendment.

D Incorporating the Bill of Rights into the Fourteenth Amendment. Following ratification of the Fourteenth Amendment, court rulings and congressional legislation gradually incorporated the Bill of Rights, so that the protections for rights and liberties were applied to state and local government. By the 1970s, the amendment had incorporated nearly all of the Bill of Rights.

In the case ACLU v. Clapper (2013), the American Civil Liberties Union argued that the National Security Agency's collection of metadata revealed by Edward Snowden violated which amendments in the Bill of Rights? A)First B)Sixth C)Fourth D)First and Fourth

D The ACLU argued that the warrantless mass collection of metadata violated the right to privacy and unreasonable search protected by the Fourth Amendment as well as the freedoms of speech and association protected by the First Amendment.

Which amendment requires all states to abide by the U.S. Bill of Rights? A)Ninth B)Tenth C)Thirteenth D)Fourteenth

D The Origins of Rights and Liberties. The Fourteenth Amendment states that all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside. Prior to the passage of this amendment, courts regularly saw the Bill of Rights as only affecting the federal government. Using this amendment, though, provisions of the Bill of Rights have been extended to the states through the process of incorporation.

The Fourth through Eighth Amendments of the Constitution all include provisions related to: A)basic individual liberties. B)protections against excessive government force. C) rights essential to republican government. D)rights of criminal defendants.

D The Origins of Rights and Liberties. The full Bill of Rights contains provisions related to all four of these categories. Common to the Fourth through Eighth Amendments, though, are provisions protecting the rights of criminal defendants. These include: protection against unreasonable search and seizure (Fourth Amendment), protection against double jeopardy (Fifth Amendment), the right to a speedy and public trial by jury (Sixth Amendment), the right to trial by jury in civil cases (Seventh Amendment), and protection from cruel and unusual punishment (Eighth Amendment).