question

What is grand jury

answer

a jury that determines whether there is enough evidence to justify a trial

question

Which of the following rights is not found in the original, unamended Constitution

answer

prohibition against cruel and unusual punishments

question

The rights to assembly and petition are guaranteed by the same amendment guaranteeing

answer

free speech

question

The Supreme Court's decision in Citizens United v. Federal Election Commission was significant because it concluded that

answer

the Constitution prohibits the government from regulating political speech funded by corp.

question

The Supreme Court case Near v. Minnesota established the principle that

answer

the news media could not publish obscene material. only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines. the government could block publication of newspapers during a time of crisis such as the Cold War.

question

A woman's constitutional right to an abortion was established in

answer

Roe v. Wade (1973).

question

Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because

answer

the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.

question

The Supreme Court formally articulated the right to privacy in a case involving

answer

access to birth control

question

The words "under God" were added to the Pledge of Allegiance

answer

in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union

question

The due process clause of the Fifth Amendment is best described as

answer

a procedural civil liberty.

question

Which of the following is the most recent constitutional issue concerning fighting words

answer

racial profiling terrorist threats vulgar and offensive satire and parodies university harassment and hate speech codes

question

If a person were imprisoned in the United States without an open trial before a judge, this action would

answer

violate the right of habeas corpus.

question

The Supreme court's 2010 ruling in McDonald v. Chicago was significant because

answer

it applied the Second Amendment to state governments for the first time.

question

The right to legal counsel in a criminal proceeding is guaranteed by the

answer

Sixth Amendment

question

What was the Supreme Court case that declared the exclusionary rule

answer

Mapp v. Ohio

question

About what did Justice Potter Stewart confess, "I know it when I see it"

answer

pornography

question

The case of Gideon v. Wainwright established the right

answer

to counsel felony cases

question

A recent controversy that has tested the constitutional definition of "search and seizure" has been

answer

mandatory drug testing

question

The wall of separation between church and state is best found in what clause of the Constitution

answer

the establishment clause

question

Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833

answer

The Bill of Rights limits the national government but not state governments.

question

The Bill of Rights was ratified by the states in

answer

1791

question

Since 1973, the right to an abortion has been

answer

upheld but narrowed in scope.

question

According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights

answer

Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?

question

The Supreme Court's decision in R.A.V. v. City of St. Paul suggests that

answer

virtually all hate speech is constitutionally protected. political speech receives more protection under the Constitution than commercial speech. commercial speech receives more protection under the Constitution than political speech. virtually all hate speech is not protected by the Constitution.

question

The substantive constraints found in the Bill of Rights

answer

put limits on what government shall and shall not have the power to do.

question

The Terri Schiavo case was an example of

answer

the controversy surrounding the so-called right to die.

question

Which of the following is not a liberty protected by the Bill of Rights

answer

equal protection of the laws

question

In West Virginia State Board of Education v. Barnette, the Supreme Court announced that

answer

children cannot be required to salute the flag if it violates their religious faith.

question

Why did the Supreme Court rule the Communications Decency Act unconstitutional

answer

Because it attempted to protect children by suppressing speech that adults have a constitutional right to receive.

question

The Bill of Rights

answer

is the First Ten Amendments in the Constitution

question

The Court does not give full protection to fighting words because

answer

such words are not part of the essential exposition of ideas.

question

"Due process of law" in the United States is generally defined by the

answer

Fourth, Fifth, Sixth, and Eighth amendments.

question

The _______ rule forbids the introduction in trial of any piece of evidence obtained illegally.

answer

exclusionary

question

The constitutional basis for the nationalization of the Bill of Rights is

answer

Plessy v. Ferguson. the Tenth Amendment. the Fourteenth Amendment.

question

What did the Supreme Court decide in Kelo v. City of New London (2005)

answer

A city can seize land from private owner and transfer it to another private owner as part of a redevelopment plan.

question

Miranda v. Arizona important because it produced rules that must be used

answer

by the police before questioning an arrested criminal suspect

question

The Supreme Court cases Near v. Minnesota and Wolf v. Colorado were significant because they

answer

incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment

question

Which rights do not fall under constitutional arguments in favor of the right to privacy

answer

right to use pornography

question

Which of the following statements best describes the impact of the Fourteenth Amendment

answer

The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights, but the process took over one hundred years.

question

The first and most famous test for determining when the government could intervene to suppress political speech was called the

answer

clear and present danger test

question

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against states and federal actions is called

answer

Selective Incorporation

question

What were the Alien and Sedition Acts?

answer

laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States

question

Which provision of the Bill of Rights has not been nationalized

answer

The right to grand jury

question

The procedural restraints found in the Bill of Rights

answer

define how the government is supposed to act

question

The takings clause states that the government may not take private property

answer

without just compensation

question

Freedom of speech and of the press have a special place in American democracy because

answer

free and open debate is an essential mechanism for determining the quality and validity of competing ideas.

question

The first modern free speech case in which the supreme court interpreted the full scope of the first amendment was:

answer

in the years right after World War I

question

In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

answer

permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion

question

The term eminent domain describes

answer

the power of the government to take private property for public use.

question

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

answer

Strict scrutiny

question

The supreme court's decisions in van orden v. perry and mccreary v. ACLU illustrate that

answer

the government will never be allowed to display any kind of religious symbols anywhere on government property. the free exercise clause has still not been incorporated through the Fourteenth Amendment. the issue of government-sponsored displays of religious symbols has not yet been definitively settled. the Lemon test does not apply to cases involving school prayer.

question

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

answer

protections for those accused of committing a crime.

question

The right against _______ prevents persons from being tried twice for the same crime.

answer

double jeopardy

question

The Eighth Amendment prohibits

answer

cruel and unusual punishment

question

The controversy over suspicioness drug tests at school and in the workplace pits the government's war on drugs against the right

answer

to privacy from unwarranted searches

question

Which of the following statements concerning the death penalty is false

answer

Thirty-six states have legalized the death penalty. The death penalty was never used in the United States prior to the 1950s. Congress has imposed capital punishment for more than fifty federal crimes.

question

The Fourth Amendment protects against

answer

unreasonable searches and seizures

question

The Lemon test involves what part of the Constitution

answer

establishment clause

question

Why is Palko v. Connecticut an important case

answer

The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government.

question

The current prohibition on states to criminalize abortion is based on

answer

the right to privavy

question

The Second Amendment to the U.S. Constitution deals with

answer

the right to bear arms

question

the bill of rights was written because .

answer

the Antifederalists demanded it as the price of ratification of the Constitution

question

which of the following statements about america's prison population is false

answer

There are almost no drug offenders in prison

question

What was the result of the 2004 case that argued the phrase "under God" in the Pledge of Allegiance violated the First Amendment

answer

The Supreme Court did not rule on the issue, dismissing the case on a technical matter.

question

The __________ of the First Amendment protects an individual's right to believe and practice whatever religion she or he chooses.

answer

free exercise clause

question

the supreme court's decision in west virginia state board of education v. barnette was significant because

answer

endorsed the free exercise of religion even when it is offensive to the belief's of the majority

question

Why was the supreme court case new york times v. sullivan significant

answer

The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel. The Court ruled that pornography is always illegal. The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. The Court ruled that "shield laws" were unconstitutional.

question

what is the standard for determining guilt in criminal cases

answer

guilty must be proven "beyond reasonable doubt"

question

The Religious Freedom Restoration Act, passed by Congress in 1993, was an attempt to

answer

give more protection to religious freedoms than the Supreme Court was allowing

question

In what year was freedom of speech extended to protect against the acts of state governments

answer

1925

question

Which of the following is the best example of substantive civil liberty

answer

"Congress shall make no law respecting the establishment of religion."

question

The Supreme Court case concerning smoking peyote during Native Americans' religious rituals demonstrates that the Court's key problem in ruling on religious freedom is to determine

answer

the difference between religious beliefs and conduct that is based on religious beliefs.

question

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

answer

Advertisements receive limited First Amendment protection.

question

Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of

answer

disagreements about the meaning of the establishment clause.

question

Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"

answer

Oliver Wendell Holmes

question

which of the following would not be an example of speech plus

answer

assassinating a political leader

question

when new york times reporter judith miller was jailed in 2005, it illustrated that

answer

the press has no constitutional right to withhold information in court.

question

the fact that federal courts have relied on discretionary use of the exclusionary rule in recent years means that

answer

it is difficult to know whetther a defendent will or will not be

question

Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause

answer

The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols.

question

Which of the following types of speech receives the greatest level of First Amendment protection

answer

political speech that stops short of inciting violence

question

Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional

answer

The Court argued that Congress had violated the separation of powers principle.

question

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

answer

a constitutional right to privacy.

question

The requirement that persons under arrest be informed of their right to remain silent is known as the ______ rule.

answer

miranda

question

When the government blocks the publication of material it does not want released, this is known as

answer

prior restraint

question

When the government blocks the publication of material it does not want released, this is known as

answer

speech plus. sedition. clear and present danger. prior restraint.

question

Why was the Supreme Court case New York Times v. Sullivan significant?

answer

The Court ruled that pornography is always illegal. The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate. The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.

question

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called

answer

the takings clause. selective incorporation. dual federalism. cooperative federalism.

question

Which of the following is the most recent constitutional issue concerning fighting words?

answer

terrorist threats antibullying rules in elementary schools racial profiling university harassment and hate speech codes

question

In Lawrence v. Texas (2003), the Supreme Court ruled that

answer

there was no constitutional right to physician-assisted suicide. states may compel a 48-hour waiting period before permitting a woman to have an abortion. mandatory locker searches in public schools did not violate the Fourth Amendment. laws criminalizing gay sexual behavior are a violation of the right to privacy.

question

What was the main reason that Alexander Hamilton did not want a bill of rights?

answer

He believed it was unnecessary for a government that possessed only specifically delegated powers. He believed a bill of rights would make the Constitution too long and cumbersome. He wanted the government to have as much power as possible. He believed a bill of rights would lead to too many frivolous lawsuits.

question

In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

answer

spending by or on behalf of a candidate for office is protected speech. libel is protected by the First Amendment, as long as the person libeled is a public figure. burning draft cards is a protected symbolic act, but only if it is done in public. the Espionage Act of 1917 was unconstitutional.

Federal Govt Chapter 4 – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards