Civil Rights and Civil Liberties
Which of the constitutional provisions is at issue in Schenck v. United States?
First Amendment free speech and free press rights
which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?
the Fourteenth amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states.
Which of the following is the most completely summary of the selective incorporation doctrine?
the Supreme Court has required to states to apply certain rights in the Bill of Rights through the Fourteenth Amendment's due process clause.
which of the following statements best describes how the balance of liberties and safety has been interpreted over time?
the balance has been interpreted consistently over time
What must a suing party prove to win a libel lawsuit?
the offending party acted maliciously and caused damages
the Bill of Rights guarantees which of the following rights to a person arrested and charged with a crime?
the right to legal representation
Church and State political cartoon Which would the cartoonist most likely agree?
there is a constant struggle to define the separation of church and state
The Miranda rule stems from rights protected by which of the following amendments?
5th and 6th amendments
What was the effect of the Opinion Schenck v. United States?
As long as speech does not present a clear and present danger, it is allowed.
Under what circumstance can police conduct searches?
As long as they have probable cause of criminal activity
Substantive v Procedural Due Process Chart
B) Subs: Followed when the ideas or points of the law are fundamentally fair and just Proc: Focuses on the manner in which government acts towards its citizens
(Public Statements Offensive Chart) Which of the following constitutional issues is represented in the graphic?
Free Speech
Those who disagree with the views in the majority opinion in Schenck would likely celebrate the shaping of the Constitution in which free speech ruling?
NY Times Company v. United States
In what way do the decisions in Engel v Vitale and Wisconsin v Yoder differ?
One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion
Which statement is accurate regarding the law and government surveillance of persons in the United States?
Policies have changed over time as people debate the balance between security needs and individual liberties
Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty?
The Court has interpreted the execution of minors and the mentally handicapped as unconstitutional
What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?
The Fifth Amendment protects citizens against criminal charges, while the Fourteenth Amendment protects citizens against civil lawsuits?
Which of the following principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur?
exclusionary rule