POSI 2320.002 Chapter 4
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 office" -determining if a punishment violates "fundamental standards of good conscience and fairness" -determining if a punishment is "unnecessary cruel"
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.
Which of the following statements are true regarding incarceration rates in the United States?
-The United States has the largest prison population in the world on a per-capita basis -The number of federal and state prisoners has more than doubled since 1990 -Most state legislatures have enacted stiffer criminal penalties in the past two decades
The establishment clause of the Constitution restricts which of the following?
-government from favoring one religion over another -government supporting religion over no religion
The establishment clause of the Constitution restrict which of the following?
-government from supporting religion over no religion -government from favoring one religion over another
Free speech is usually protected in the United States unless it:
-leads to imminent and lawless action -involves false commercial advertising claims -presents a clear and present danger to others.
The Bill of Rights protects some civil liberties, including freedom:
-of speech -of assembly -of the press
The 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 to be prohibited -says that speech must be likely to produce lawless action
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as _________ process protections:
DUE PROCESS CLAUSE
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
Freedom of ___________ is the right of individual Americans to hold and communicate thoughts of their choosing:
EXPRESSION
The Bill of Rights initially applied to which level or levels of government?
FEDERAL ONLY
DeJONGE v. OREGON
FREEDOM OF ASSEMBLY
NEAR v. MINNESOTA
FREEDOM OF PRESS
HAMILITION v. REGENTS, U OF C
FREEDOM OF RELIGION
GITLOW v. NEW YORK
FREEDOM OF SPEECH
Which of the following statements is true regarding freedom of the press?
Freedom of the press receives strong judicial protection.
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 law passed by Congress following 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 _______ Act:
PATRIOT
The right of an individual to be left alone without any interference from others is known as the right to:
PRIVACY
The Supreme Court decision that determined that the right to privacy extended to include abortion is::
Roe v. Wade
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
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 women's right to obtain an abortion.
UNDUE BURDEN
Constitutional guarantees that protect citizens' individual rights are known as civil ____________.
liberties
The Supreme Court has ruled that the right of free assembly:
take precedence over the possibility that the exercise of the right might have undesirable consequences.
The Supreme Court decision in Schenck v. United States established which principle?
that the federal government can restrict free expression but that it does not have unlimited authority to do so.
The Second Amendment of the U.S. Constitution protects:
the right of the people to keep and bear arms
