unit 1 chapter 4 poli sci connect questions

Since the 1950s, what has been the government's approach to free speech?

- The Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically - Not a single individual has been convicted solely for criticizing the government's war policies - the Supreme Court has ruled that national security must truly be at risk before the government can limit speech

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 offense" - determining if a punishment violates "fundamental standards of good conscience and fairness"

Which of the following statements are true concerning the Supreme Court's decisions involving symbolic speech?

- the supreme court has protected symbolic speech nearly as vigorously as actual speech - the supreme court has ruled that burning an American flag is a protected form of symbolic speech

In order for police roadblocks to check drivers to be legal, they must conform to which of the following?

- they can be used to check for signs of alcohol intoxication - they must be Systematic and not arbitrary

the inevitable discovery exception:

- was developed in the case of Nix v. Williams (1984) - states that exclusion of physical evidence that would have been found anyway has no effect on the fairness of a trial - allows admission of tainted evidence in certain cases

in which case did the Supreme Court rule that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia?

District of Columbia v. Heller

the idea that the state must use procedures under the law before depriving someone of life, liberty, or property is part of the ____ ______ _____ __ __ _______ __________ (includes amendment)

Due process clause of the Fourteenth Amendment

Freedom of _______ is the right of individual Americans to hold and communicate thoughts of their choosing

Expression

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

Fifth

Which amendments contribute to ensuring criminal Due Process?

Fourth, Fifth, Sixth, and Eighth Amendments

the Supreme Court decision that determined that the right to privacy extended to include abortion is _______

Roe v. Wade

the current standard used to determine whether the Establishment Clause has been violated is known as the _____ test

Lemon

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' sodomy laws

the Exclusionary Rule is based on the Supreme Court decision in ___________

Weeks v. United States (1914)

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated ________

a basis for taking the alleged violation into a court of law for ruling by a judge

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 cases of Riley v. California (2014) and United States v. Wurie (2014) both dealt with the use of what technology?

cell phones

Constitutional guarantees that protect citizens' individual rights are know as ________

civil liberties

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: the right to appeal after conviction is guaranteed in the constitution

false

DeJonge v. Oregon

freedom of assembly

Near v. Minnesota

freedom of press

A false written statement about other people that harms their reputation is known as ___________, whereas a false verbal statement about other people is known as _____________.

libel (written); slander (spoken)

Which of the following states that evidence is admissible when it is immediately visible in the course of stopping a person for another infraction?

plain view exception

the attempt to block the publication of material considered to be harmful is known as _____ restraint

prior

Establishment Clause

requires government neutrality towards religious institutions

Which term describes the set of procedures authorities must follow before a person can be lawfully punished for an offense?

procedural due process

Free-Exercise Clause

prohibits the government from interfering with individuals' practice of their religion

Eighth Amendment

protection against cruel and unusual punishment

Fifth Amendment

protection against self-incrimination and double jeopardy

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

According to the Establishment Clause, the government is required to ___________ (religion)

remain neutral toward all religions

Sixth Amendment

right to a jury trial, an attorney, and to confront witnesses

Second Amendment

right to bear arms

First Amendment

right to speech, press, assembly, and religion

the process by which the supreme court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state government is known as ____________ incorporation

selective

In Mapp v. Ohio, the Supreme Court extended the constitutional protection against unreasonable search and seizure to action by ___________ government?

state

In Mapp v. Ohio, the supreme court extended the constitutional protection against unreasonable search and seizure to action by ______________ government

state

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

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

What unique circumstance existed at the time of the Korematsu v. United States decision?

the nation was at war

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 was a case dealing with ______________

the right to privacy

which of the following is a right of the accused that is protected by the Fifth Amendment?

to have a Grand Jury weigh the prosecution's evidence

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

the Free-Exercise clause:

- has been interpreted to mean Americans can not always act on their beliefs if they conflict with other laws - has been interpreted to mean Americans can hold any religious belief of their choosing - is part of the First Amendment

the Imminent Lawless Action Test

- has two criteria for speech advocating the unlawful use of force - says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action - says that speech must be likely to produce lawless action

Free speech is usually protected in the United States unless it:

- presents a clear and present danger to others - leads to imminent and lawless action - involves false commercial advertising claims

in Hamdan v. Rumsfeld (2006), the supreme court ruled that enemy combatant detainees were protected by which of the following?

- the U.S. Uniform Code of Military Justice - the Geneva Convention

Which of the constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

- the right to remain silent - the right to an attorney

Hamilton v. Regents, University of California

freedom of religion

Fiske v. Kansas

freedom of speech

why was the National Security Agency's wiretapping of phone calls and email messages originating in the United States, first revealed by the New York Times in 2005, controversial?

- the Wiretapping had been authorized by President George W. Bush without approval from the courts - the Wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978

Fourth Amendment

protection against unreasonable search and seizure