POLIT CHAP 4

In 2004, the local school board in Dover, Pennsylvania required the ninth grade biology classes use a textbook that endorsed the concept of intelligent design. As a result, a. the Supreme Court ruled this requirement unconstitutional. b. the local Islamic community staged a non-violent protest. c. the board members who supported the requirement were voted out of office. d. Athiests from all over the country sent the board members death threats. e. the students staged a walk-out.

a. the Supreme Court ruled this requirement unconstitutional.

The protection against "unreasonable searches and seizures" is found in the _____. a. Third Amendment b. Fourth Amendment c. Fifth Amendment d. Eighth Amendment e. Tenth Amendment

b. Fourth Amendment

In 1798, Congress passed the ______, making it a crime to utter "any false, scandalous, and malicious" criticism of the government. a. Espionage Act b. Sedition Act c. USA Patriot Act d. Treason Act e. Jeffersonian Act

b. Sedition Act

The _____ provides the right to have a "fair and public trial by jury" in criminal prosecutions. a. Fifth Amendment b. Sixth Amendment c. Seventh Amendment d. Eighth Amendment

b. Sixth Amendment

_____ require(s) that evidence obtained illegally not be admitted in court. a. The Miranda warnings b. The exclusionary rule c. Probable cause d. Double jeopardy e. National Security Letters

b. The exclusionary rule

The first eight amendments to the Constitution a. reserve certain rights and powers to the people and to the states. b. grant the people specific rights and liberties. c. prohibit the states from coining money, negotiating treaties with foreign countries, and regulating interstate commerce. d. grant states the power to enact laws and to establish courts to protect the rights of their citizens. e. establish the powers of the executive branch.

b. grant the people specific rights and liberties.

The writ of habeas corpus, requiring an official bring a specified prisoner into court and explain why that person is being held a. is available to all citizens, all of the time. b. is available to all persons, except in times of rebellion or national invasion. c. may be made unavailable at the discretion of the courts. d. may be made unavailable at the discretion of Congress. e. may be made unavailable at the discretion of governors.

b. is available to all persons, except in times of rebellion or national invasion.

In Engel v. Vitale (1962), the Supreme Court a. upheld an Alabama law authorizing a daily one-minute period of silence for meditation and voluntary prayer. b. ruled that the State Board of Regents in New York had acted unconstitutionally by composing a prayer to be used in public school classrooms at the start of each day. c. held that individuals cannot pray in public schools, and teachers may no longer wish their students a "Merry Christmas." d. held that public schools are barred from teaching about religion. e. ruled that the State Board of Regents in New York had acted constitutionally when composing a prayer to be used in public school classrooms, because the prayer was nondenominational.

b. ruled that the State Board of Regents in New York had acted unconstitutionally by composing a prayer to be used in public school classrooms at the start of each day.

Burning the American flag as a gesture of protest is an example of _____. a. obscenity b. symbolic speech c. slander d. libel e. seditious speech

b. symbolic speech

It is the _____ that determines where freedom of speech ends and the right of society to be protected from certain forms of speech begins. a. Bill of Rights b. the U.S. Supreme Court c. the First Amendment to the U.S. Constitution d. state legislatures e. Congress

b. the U.S. Supreme Court

For many years, the courts assumed that the Bill of Rights limited only the actions of a. the state governments. b. the national government. c. local governments. d. individuals. e. state or local governments

b. the national government.

The Fifth Amendment a. includes a requirement that no warrant for a search or an arrest be issued without probable cause. b. guarantees a speedy trial and a trial by jury. c. includes a protection against self-incrimination. d. includes a protection from unreasonable searches and seizures. e. includes a right for criminal defendants to confront witnesses.

c. includes a protection against self-incrimination.

If a newspaper or tabloid publishes something about a person that is untrue, with the intent of injuring that person's reputation, and actual harm results, the newspaper or tabloid has engaged in _____. a. hate speech b. slander c. libel d. symbolic speech e. obscenity

c. libel

According to the _____, any law that limits the freedom of speech or the press—freedoms essential to a democracy— should be presumed unconstitutional unless the government can show that the law is absolutely necessary. a. clear and present danger test b. incorporation doctrine c. preferred-position doctrine d. bad tendency rule e. Lemon test

c. preferred-position doctrine

A key function of the Bill of Rights is to a. protect the rights of government. b. preserve the will of the majority against the actions of the minority. c. protect the rights of those in the minority against the will of the majority. d. specify what the government must do to ensure equal protection under the law for all Americans. e. delegate power to the Supreme Court to have the final say on how the Constitution should be interpreted.

c. protect the rights of those in the minority against the will of the majority.

President Thomas Jefferson wanted the _____ to be a "wall of separation between church and state." a. the supremacy clause of Article VI b. reserved powers clause of the Tenth Amendment c. the establishment clause of the First Amendment d. the necessary and proper clause of Article I, Section 8 e. the Supreme Court

c. the establishment clause of the First Amendment

The Supreme Court decision in Reynolds v. United States that polygamy, the practice of having more than one spouse simultaneously, was not protected by the Constitution because a. to allow the practice would make religious doctrines superior to the law. b. the practice of one's beliefs is strictly limited. c. the right to practice one's religious beliefs must be limited to those practices which are socially acceptable. d. to allow the practice would be contrary to the establishment clause. e. the states do not have the authority to decide what is acceptable in questions of marriage. f. to allow the practice would open the floodgates and eventually result in the acceptance of same-sex marriage.

c. the right to practice one's religious beliefs must be limited to those practices which are socially acceptable.

Among the NSA programs released to the press by Edward Snowden in 2013, the program known as PRISM a. the FBI was authorized to use "National Security Letters" to demand personal information about individuals from private companies. b. allows individuals to request erasure of personal data from Google. c. was designed to accumulate vast quantities of data from the servers of corporations such as AOL, Apple, Facebook, and others. d. allowed the NSA to collect massive quantities of data on foreign phone calls. e. labeled as "potential terrorists" those individuals who used Google to search for information about the Taliban.

c. was designed to accumulate vast quantities of data from the servers of corporations such as AOL, Apple, Facebook, and others.

The Supreme Court was particularly active during the _____ in broadening its interpretation of the due process clause to ensure that states and localities could not infringe on civil liberties protected by the Bill of Rights. a. 1880s b. 1920s c. 1950s d. 1960s e. 1980

d. 1960s

____ states have laws against online harassment. a. No b. All 50 c. 17 d. 40 e. Only 6

d. 40

The prohibition of "cruel and unusual punishments" is included in the _____. a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment e. Tenth Amendment

d. Eighth Amendment

In 1968, the Supreme Court ruled that an Arkansas law prohibiting the teaching of evolution was unconstitutional. a. Everson v. Board of Education (1947) b. Engel v. Vitale (1962) c. Stone v. Graham (1980) d. Epperson v. Arkansas (1968) e. Lemon v. Kurtzman (1971)

d. Epperson v. Arkansas (1968)

The ___ guarantees a speedy trial, a trial by jury, a public trial, and the right to confront witnesses. a. Fourth Amendment b. Eighth Amendment c. writ of habeas corpus d. Sixth Amendment e. exclusionary rule

d. Sixth Amendment

Since 1971, the Supreme Court has used a test to determine whether government aid to parochial schools is constitutional. To be constitutional, the a. aid cannot be for a secular purpose. b. primary effect of the aid must inhibit religion. c. aid must be for a clearly religious purpose. d. aid must avoid an "excessive government entanglement with religion." e. primary effect of the aid must advance religion.

d. aid must avoid an "excessive government entanglement with religion."

The Miranda warnings a. are criminal procedural rules that require illegally obtained evidence to be excluded from a criminal trial. b. put a criminal suspect on notice that he or she may not request a speedy trial. c. are issued when the federal government believes that a terrorist attack is imminent. d. are a series of statements informing criminal suspects, on their arrest, of their constitutional rights. e. are given to criminal suspects when they have been charged with double jeopardy.

d. are a series of statements informing criminal suspects, on their arrest, of their constitutional rights.

Under the _____, the government may restrict expression that leads to some "evil." a. clear and present danger test b. Lemon test c. preferred-position doctrine d. bad tendency rule e. exclusionary rule

d. bad tendency rule t

A(n) _____, prohibited by the Constitution, punishes individuals for committing an act that was legal when the act was committed. a. bill of attainder b. "National Security Letter" c. writ of habeas corpus d. ex post facto law e. warrant based on probable cause

d. ex post facto law

The current Supreme Court doctrine for assessing the constitutionality of subversive speech is the a. "I know it when I see it" test. b. "Bong Hits 4 Jesus" test. c. "shouting fire in a theatre" test. d. imminent lawless action test. e. dangerous tendency rule

d. imminent lawless action test.

The process of applying liberties guaranteed in the U.S. Constitution to the states is called ______. a. amendment b. judicial review c. devolution d. incorporation e. due process

d. incorporation

Commercial speech a. is not protected by the First Amendment. b. is considered slander. c. receives more protection under the First Amendment than regular speech. d. is protected by the First Amendment, but not as fully as regular speech. e. cannot be restricted by the government.

d. is protected by the First Amendment, but not as fully as regular speech.

During his 2008 presidential campaign, Obama promised to make a clean break with the policies of the Bush administration on national security. Subsequently, President Obama a. nullified a great deal of the USA Patriot Act. b. reinstated the Expionage Act of 1917. c. released all of the suspected terrorist prisoners at Guantanamo Bay. d. restated the Bush policy that suspected terrorists could be held indefinitely without a trial. e. required that each suspected terrorist being held at Guantanamo Bay be granted a trial as soon as possible.

d. restated the Bush policy that suspected terrorists could be held indefinitely without a trial.

In 1997 the Supreme Court a. held that the liberty protected by the Constitution includes the right to commit suicide. b. ruled that state laws permitting assisted suicide are unconstitutional. c. held that state laws banning physician-assisted suicide are inherently unconstitutional. d. upheld the states' rights to ban assisted suicide, but did not hold that state laws permitting assisted suicide were unconstitutional. e. held that physician-assisted suicide violated the Eighth Amendment prohibition of cruel and unusual punishments.

d. upheld the states' rights to ban assisted suicide, but did not hold that state laws permitting assisted suicide were unconstitutional.

As of 2014, ____ states have abolished the death penalty. a. nearly all b. 33 c. 27 d. only 2 e. 18

e. 18

The First Amendment is enforceable against ______. a. governments b. private corporations c. individuals d. churches e. All of the above are true

e. All of the above are true

1. _____ are limitations on government action, setting forth what the government cannot do. a. Bills of attainder b. Civil rights c. The Miranda warnings d. Ex post facto laws e. Civil liberties

e. Civil liberties

The reserved powers of the states are derived from the _____. a. Second Amendment b. Third Amendment c. Seventh Amendment d. Ninth Amendment e. Tenth Amendment

e. Tenth Amendment

If a law or other governmental action limits _____, it will be held to violate substantive due process, unless it promotes a compelling or overriding state interest. a. congressional jurisdiction b. judicial discretion c. state actions d. presidential authority e. a fundamental right

e. a fundamental right

By 2013, the Obama administration _______ under the Espionage Act of 1917. a. pardoned 47 people who had been charged b. brought felony charges against 16 people' c. convicted 103 people d. pardoned 2 people who had been charged by the Bush administration e. brought felony charges against 7 people

e. brought felony charges against 7 people

Title VII of the Civil Rights Act of 1964 requires employers to accommodate their employees' religious practices unless such accommodation causes an employer to suffer a(n) a. "undue hardship." b. "loss of productivity." c. "irreversible loss of business." d. "strike by other employees." e. "breakdown of employee morale."

a. "undue hardship."

Which of the following forms of speech is never protected under the First Amendment? a. Acts of fraud b. Sedition and treason c. Symbolic d. Flag burning e. Speech that facilitates liquor consumption

a. Acts of fraud

The current standard for evaluating the legality of subversive speech, established by the Supreme Court in 1969, is called the a. Bad Tendency Rule. b. Clear and Present Danger Test. c. Imminent Lawless Action Test. d. Miller Test e. Preferred-Position Doctrine.

a. Bad Tendency Rule.

In _____, the Supreme Court decided that the Bill of Rights did not apply to state laws. a. Barron v. Baltimore (1833) b. Gitlow v. New York (1925) c. Everson v. Board of Education (1947) d. Mapp v. Ohio (1961) e. McDonald v. Chicago (2010)

a. Barron v. Baltimore (1833)

The promise of the addition of a(n) _____ to the U.S. Constitution helped to ensure its ratification. a. Bill of Rights b. bill of attainder c. writ of habeas corpus d. prohibition against ex post facto laws

a. Bill of Rights

The _____ prohibits Congress from passing laws "respecting an establishment of religion, or prohibiting the free exercise thereof." a. First Amendment b. Fourth Amendment c. Sixth Amendment d. Ninth Amendment e. Tenth Amendment

a. First Amendment

_____ due process requires that any governmental decision to take life, liberty, or property be made equitably. a. Procedural b. Programmatic c. Strategic d. Substantive e. Operational

a. Procedural

. In _____, the Supreme Court held that the "right to privacy ... is broad enough to encompass a woman's decision to terminate a pregnancy," subject to certain regulations. a. Roe v. Wade (1973) b. Miller v. California (1973) c. Gideon v. Wainwright (1963) d. Griswold v. Connecticut (1965) e. Miranda v. Arizona (1966)

a. Roe v. Wade (1973)

"... the right of the people to keep and bear Arms ..." is found in the _____ to the U.S. Constitution. a. Second Amendment b. Third Amendment c. Fifth Amendment d. Eighth Amendment e. Tenth Amendment

a. Second Amendment

Under the _____, the government may restrict expression if that expression would cause a dangerous condition, actual or imminent, that Congress has the power to prevent. a. clear and present danger test b. Lemon test c. preferred-position doctrine d. bad tendency rule e. exclusionary rule

a. clear and present danger test

The Supreme Court has used the _____ clause to incorporate the protections guaranteed by the national Bill of Rights into the liberties protected under the Fourteenth Amendment. a. due process b. equal protection c. full faith and credit d. supremacy e. necessary and proper

a. due process

State leaders were in favor of the establishment clause to a. ensure that the national government did not interfere with the state governments' right to establish a religion. b. reduce the influence of religion in government and politics at every level. c. ensure that national government could firmly direct and influence the public expression of religious ideas. d. prohibit the government from supporting religion in general. e. allow the establishment of God-centered oaths of office for public officials.

a. ensure that the national government did not interfere with the state governments' right to establish a religion.

A bill of attainder a. is a legislative act that inflicts punishment on particular persons without granting them the right to a trial. b. punishes individuals for committing an act that was legal when the act was committed. c. requires an official to bring a specified prisoner into court and show the judge why the person is being kept in jail. d. prohibits double jeopardy. e. prohibits cruel and unusual punishments

a. is a legislative act that inflicts punishment on particular persons without granting them the right to a trial.

with regard to the First Amendment freedom of religion, the Supreme Court has consistently ruled that the right to ______ is absolute. a. practice your religion b. hold any belief c. practice Christian worshi in public places d. worship in public schools e. practice Islam in public schools

a. practice your religion

1610, the Jamestown colony enacted a law requiring attendance at religious services on Sunday. Punishments included a. public whipping for second time offenders, and death for third time offenders. b. banishment from the colony for second time offenders. c. public humiliation. d. trials to determine whether the offender practiced witchcraft and burning at the stake for those convicted. e. additional religious training and corporal punishment for third and fourth time offenders.

a. public whipping for second time offenders, and death for third time offenders.

Seditious speech a. is a published report of a falsehood that tends to injure a person's reputation or character. b. urges resistance to lawful authority or advocates overthrowing the government. c. is the public utterance of a false statement that holds a person up for contempt, ridicule, or hatred. d. is best defined as cyberbullying. e. is obscenity on the Internet.

b. urges resistance to lawful authority or advocates overthrowing the government.

The Miranda warnings a. are found in the Fourth Amendment. b. were articulated by the Supreme Court in 1966. c. can have no exceptions. d. are found in the Sixth Amendment. e. are completely irrelevant today.

b. were articulated by the Supreme Court in 1966.

Many of our liberties were added by the _____, ratified in 1791. a. ex post facto laws b. writs of habeas corpus c. Bill of Rights d. bills of attainder e. Miranda warnings

c. Bill of Rights

The _____ played a key role in the Supreme Court's changing stance on the application of the Bill of Rights to the states. a. Barron v. Baltimore (1833) decision b. passage of the Bill of Rights c. Fourteenth Amendment d. Fifth Amendment e. Sixteenth Amendment

c. Fourteenth Amendment

In the landmark 1965 case _____, the Supreme Court held that the right to privacy is implied by other rights guaranteed in the First, Third, Fourth, Fifth and Ninth Amendments. a. Hazelwood School District v. Kuhlmeier b. Roe v. Wade c. Griswold v. Connecticut d. Lemon v. Kurtzman e. Miller v. California

c. Griswold v. Connecticut

Stopping expression before it happens is known as _____. a. intimidation b. preferred position c. government police powers d. protection of the public good e. prior restraint

e. prior restraint

Fundamental rights include all of the following, EXCEPT a. freedom of the press. b. freedom of religion. c. voting. d. interstate travel. e. public education.

e. public education.