Chapter 4: Civil Liberties – Flashcards
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The constitutional basis for the nationalization of the Bill of Rights is
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the Fourteenth Amendment
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Which of the following is not a liberty protected by the Bill of Rights?
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equal protection of the laws
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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
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selective incorporation.
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Which provision of the Bill of Rights has not been nationalized?
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the right to a grand jury
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Which of the following rights is not found in the original, unamended Constitution?
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prohibition against cruel and unusual punishment
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The wall of separation between church and state is best found in what clause of the Constitution?
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the establishment clause
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Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is
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permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
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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
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the difference between religious beliefs and conduct that is based on religious beliefs.
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freedom of speech and of the press have a special place in American democracy because
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they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment
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in the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that
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government can regulate speech if the speech contains an incitement to imminent lawless action.
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The rights to assembly and petition are guaranteed by the same amendment guaranteeing
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free speech.
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Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?
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Advertisements receive limited First Amendment protection.
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The Fourth Amendment protects against
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unreasonable searches and seizures
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The controversy over suspicionless drug tests at school and in the workplace pits the government's war on drugs against the right
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to privacy from unwarranted searches.
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What is a grand jury?
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a jury that determines whether there is enough evidence to justify a trial
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the right against ______ prevents persons from being tried twice for the same crime.
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double jeopardy
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The takings clause states that government may not take private property
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without just compensation.
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The term eminent domain describes
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the power of the government to take private property for public use
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The case of Gideon v. Wainwright established the right
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to counsel in felony cases.
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The Eighth Amendment prohibits
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cruel and unusual punishment
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Since 1973, the right to an abortion has been
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upheld but narrowed in scope.
