GOVT: Chapter 4
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
England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.
Act of Toleration
In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?
Burwell v. Hobby Lobby
What is the question at the heart of the debate over the Second Amendment?
Does the amendment give individuals the right to possess weapons?
True or false: According to the Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate.
False
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
The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?
Korematsu v. United States
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
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 Co. v. Sullivan
Which of the following statements are true of libel and slander?
Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander. Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely.
The right to legal counsel is a ______ Amendment protection.
Sixth
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
What was challenged by Lawrence v. Texas (2003)?
Texas's sodomy laws
Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?
The Supreme Court has ruled that burning an American flag is a protected form of symbolic speech. The Supreme Court has protected symbolic speech nearly as vigorously as actual speech
The exclusionary rule is based on the Supreme Court decision in
Weeks v. United States (1914)
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
an exhaustive search of a suspect's home
In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully
ban sexual relations between consenting same-sex adults
The exclusionary rule restricts the ability of
courts to admit illegally obtained evidence during the trial
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 if a punishment is "unnecessarily cruel" determining whether a punishment is "disproportionate to the offence" determining if a punishment violates "fundamental standards of good conscience and fairness"
True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.
false
The establishment clause of the Constitution restricts which of the following?
government from supporting religion over no religion government from favoring one religion over another
Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that
government generally cannot stop the news media from reporting a story.
Based on the Lemon test, state-funded programs are least likely to survive under the establishment clause if the program
has a significant effect on advancing a religion
The imminent lawless action test
has two criteria for speech advocating the unlawful use of force says that speech must be likely to produce lawless action says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action
Some critics argue that which of the following have weakened the exclusionary rule almost to the point that it applies only to extreme forms of police misconduct?
inevitable discovery plain view exception good faith exception
The free-exercise clause
is part of the First Amendment has been interpreted to mean Americans can hold any religious belief of their choosing has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws
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
The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state governments is known as ____________ incorporation.
selective
In a case involving protester Gregory Johnson, the Supreme Court ruled that burning the American flag was protected specifically as ______ speech.
symbolic
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 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?
the Fourteenth Amendment
Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?
the USA Patriot Act
The Supreme Court has recently employed the Eighth Amendment to ban which of the following?
the death penalty for the mentally ill life sentences without parole for juveniles the death penalty for juveniles
Today, most of the guarantees in the Bill of Rights are protected from action by which of the following?
the federal and state governments
The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?
the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors
Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit
the use of contraceptives by a married couple
True or false: Although it is a core principle for most Americans, the right to privacy is not explicitly mentioned in the Constitution.
true
True or false: The Supreme Court ruled that school administrators have discretion in searching student lockers for drugs and weapons, as they are responsible for student safety.
true
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
Freedom of expression
allowed individual Americans to communicate thoughts of their choosing does not cover some forms of commercial speech, such as advertising does not cover obscene forms of sexual expression
Which of the following is likely to convince a judge that police should be issued a search warrant?`
establishing probable cause for believing a crime has been committed
The case of Carpenter v. United States (2018) dealt with the issue of the warrantless search of a cell phone in order to
identify the locations at which cell phone calls were placed
The Supreme Court has ruled that prisoners should generally appeal their cases first
in state courts
establishment clause free-exercise clause
requires government neutrality toward religious institutions prohibits the government from interfering with individuals' practice of their religion
In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?
the Geneva Convention the U.S. Uniform Code of Military Justice
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 action test
The Second Amendment protects and supports which of the following?
the right to keep and bear arms a well-regulated militia
In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.
undue burden
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
The inevitable discovery exception
was developed in the case of Nix v. Williams (1984) allows admission of tainted evidence in certain cases states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial
libel slander
written spoken
Which of the following statements are true concerning the right of assembly?
Individuals cannot hold an assembly at a busy intersection during rush hour. Public officials can regulate the time and place of assemblies. Regulations of public assemblies must be applied fairly to all groups.
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 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
Where is the Bill of Rights located in the U.S. Constitution?
The first ten amendments to the Constitution make up the Bill of Rights
According to the ______ doctrine, government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another.
accomodationist
In the case of Korematsu v. United States, the courts
allowed government policies during wartime that would not be allowed in times of peace
The cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?
cell phones
The Sedition Act of 1798
made it a crime to publish stories that were harshly critical of the president
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 the Fourteenth Amendment
In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the
establishment clause
True or false: In a 1992 cases involving a St. Paul, Minnesota city ordinance, the Supreme Court ruled that the government can restrict hate speech as it causes "anger or alarm."
false
Fiske v. Kansas Near v. Minnesota Hamilton v. Regents, U of C DeJonge v. Oregon
freedom of speech freedom of press freedom of religion freedom of assembly
Which of these groups is typically more protective of individual rights?
judges
The 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
In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism
should not be read their Miranda rights
What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?
the Sedition Act
Which of the following allows the admission into trial of otherwise excludable evidence if the evidence was obtained by police who thought they were following proper procedure?
the good faith exception
In the 1963 Gideon case, the Supreme Court established that
the government must provide lawyers to individuals who cannot afford their own attorney
Griswold v. Connecticut was a case dealing with
the right to privacy
Which of the following constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?
the right to remain silent the right to an attorney
The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was
under the jurisdiction of the United States courts
Which of the following amendments contribute to ensuring criminal due process?
Fourth, Fifth, Sixth, Eighth
Which of the following statements is true regarding freedom of the press?
Freedom of the press receives strong judicial protection
From the late 1950s to 2010, how many Americans have been convicted solely for criticizing the government's war policies?
0
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?
1990s
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
First Amendment Second Amendment Fourth Amendment Fifth Amendment Sixth Amendment Eighth Amendment
right to speech, press, assembly and religion right to bear arms protection against unreasonable search and seizure protection against self-incrimination and double jeopardy right to a jury trial, an attorney, and to confront witnesses protection against cruel and unusual punishment
Which of the following statements about slander and libel is true?
Neither libel nor slander is protected by the First Amendment
Which of the following best describes the subject under consideration in Roe v. Wade?
abortion
The plain view exception
says evidence found in plain sight is admissible even if a suspect was stopped for another infraction
