Government These Statements Was Implied By The – Flashcards
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free speech
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The First Amendment protects the right to
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4th Amendment
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If the police arrive at Larry's office without probable cause or a warrant and demand to search the premises, which amendment protects him from this type of search?
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ten
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The Bill of Rights consists of the first ? amendments to the Constitution
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Only ten amendments were ratified by the states.
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James Madison presented nineteen amendments to Congress. Why were only ten approved?
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natural rights
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Which type of rights were most influential in the creation of the Bill of Rights?
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applies to civil court proceedings.
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How does the Seventh Amendment differ from the other amendments dealing with procedural rights in the Bill of Rights?
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civil rights
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Which type of rights ensure equal treatment under the law?
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to prevent the government from abusing people's rights
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According to the preamble to the Bill of Rights, what is the purpose of the Bill of Rights?
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9th Amendment
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Which amendment was meant to allay Federalist fears that by guaranteeing specific rights the Constitution would not protect other unspecified rights?
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5th Amendment
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If Chris is on trial and does not want to testify in court, which amendment protects her from testifying?
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the right to a lawyer
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What does the Sixth Amendment's right to counsel guarantee an accused criminal to?
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3rd Amendment
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Which amendment deals with property rights?
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Rights that were not listed would be unprotected.
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Which best describes why some people such as James Madison thought that the Bill of Rights was unnecessary?
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Unenumerated rights are not listed in the Constitution.
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Which best describes how unenumerated rights differ from procedural and substantive rights?
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guarantees them
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Which best describes what the Bill of Rights does for citizens' rights?
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10th Amendment
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Which amendment was designed to allay Anti-Federalist fears of a central government with too much power?
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substantive
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Which type of rights are fundamental and belong to all citizens?
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the right to protect yourself
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What right is implied by the Second Amendment's right to bear arms?
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civil liberties
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are the rights guaranteed by the Bill of Rights that cannot be taken away by law.
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They protect rights not listed in the Constitution.
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What is the common purpose of the Ninth and Tenth amendments?
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The Virginia Declaration of Rights
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In the American colonies, which document called for religious freedom?
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stopping a religious group from buying a building based on their faith
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Which example violates the free-exercise Clause?
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The prayer was considered a religious activity.
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In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional?
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secular, neutral, and free of entanglement.
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An activity passes the "Lemon Test" if it is
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not be in violation of the clause because there is a learning purpose to the items.
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According to the establishment clause, how would a historical society's posting of the Ten Commandments along with the history of religion and its beliefs and practices be viewed?
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1st Amendment
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Freedom of religion is guaranteed by the Constitution's ? Amendment.
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A parent leads a prayer in a public park.
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Which scenario is allowed under the free-exercise clause?
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the school is not asking the student to pray.
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A student is praying alone in his public school cafeteria before lunch. This activity is acceptable according to the establishment clause because
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The government cannot make laws based on religion.
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What does separation of church and state mean?
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to stop government from supporting one religion
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What is the purpose of the establishment clause?
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The colonists suffered persecution for their religious beliefs.
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Why was freedom of religion added to the First Amendment?
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as not in violation of the clause because they gave out money due to guidelines that gave all schools an equal chance to receive the funding.
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The government gives public funds to low performing schools for new computers. They decide to give more money to the lowest performers which are religious schools. According to the establishment clause, how would a court rule on this case?
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unconstitutional, because the game is affiliated with the school.
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According to the precedent, Santa Fe School District v. Doe, a teacher who allows a student to lead a prayer at a high school baseball game would most likely be ruled
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It is separate from all religious traditions.
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What is true of a secular activity?
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the mayor's office from displaying a cross
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The establishment clause would prevent
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Senator Kleinman is in violation because she took the money from a federally funded account.
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Senator Quintero donates money to his local church from his personal checking account. Senator Kleinman donates money from a federally funded account to her church. Based on this scenario, which senator is in violation of the establishment clause?
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libel
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For which of these does the First Amendment offer no protection?
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prior restraint
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Which issue was at the heart of New York Times v. United States?
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prior restraint
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Though the outcomes of Schenck and New York Times differed, what did these decisions have in common?
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symbolic speech
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an action that expresses an idea or opinion
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wartime actions
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Freedom of speech can be limited or restricted in cases involving
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the right to petition the government for redress.
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Edwards v. South Carolina is significant in terms of selective incorporation because it limited states' abilities to restrict
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if their action had clearly threatened order and safety
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Under what circumstances would the protest of the students in Tinker v. Des Moines be deemed unprotected speech?
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almost always unconstitutional.
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Which best describes the precedent set by the Supreme Court in New York Times v. United States regarding government censorship?
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marching on the statehouse in favor of marriage for all
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Under which circumstances would protesters' right to assembly most likely be protected?
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supported an unpopular view.
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According to the Supreme Court, which of these most likely prompted the arrest of the protesters in Edwards v. South Carolina?
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The speech must present a clear and identifiable danger.
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For prior restraint to apply, what must the government prove about the speech in question?
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the right to peacefully assemble.
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Edwards v. South Carolina focused on two issues: the right to petition the government for a redress of grievances and
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The events involved symbolic speech without disruption.
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The events surrounding Tinker v. Des Moines involved a school, so why did the First Amendment apply?
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could present an immediate threat to security or the public.
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When can the government restrict information released by the press?
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Their action was not disruptive.
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In Tinker v. Des Moines, why was it considered protected speech for students to wear armbands?
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the right to indictment before trial for a capital crime
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Which is a grand jury right?
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had been denied his rights.
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How did the Supreme Court rule in the Miranda decision?
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could create their own Miranda warning if it communicated the same message.
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In Duckworth v. Eagan (1988), the Supreme Court held that the police
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All citizens are entitled to due process.
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Which of these statements accurately describes the Fifth Amendment?
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search individuals or seize their property without a warrant.
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The Supreme Court's decisions in Terry v. Ohio (1967) and Horton v. California (1990) both held that the police
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include a warrant and be based on probable cause.
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The Fourth Amendment states that a reasonable search and seizure must
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With reasonable cause, the officer can stop this individual and frisk him.
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A man walking down the street appears to have an illegal weapon. What can a police officer do?
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search and seizure
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The Fourth Amendment to the Constitution protects citizens' ? rights.
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He had confessed to crimes without being reminded of his right to avoid self-incrimination.
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In Miranda v. Arizona (1966), why did Ernesto Miranda say his Fifth Amendment rights had been violated?
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to keep the government from abusing its authority
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Why was the Fourth Amendment added to the Constitution?
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A warrant based on probable cause is required.
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Which of these statements describes a Fourth Amendment protection?
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rules that are the same for everyone.
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Under due process, all people accused of crimes are subject to
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reasonable
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A key element of the Fourth Amendment is that searches and seizures must be
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fair process for searches and seizures.
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Which of these statements accurately describes the Fourth Amendment?
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She can require the witnesses to testify.
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A woman is accused of a crime. She says that she was nowhere near the scene of the crime. Her friends who were with her at the time are afraid they will be accused as well, so they refuse to appear in court as witnesses. According to the Sixth Amendment, what can the woman do to support her court case?
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cruel and unusual
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In Furman v. Georgia (1972), William Furman claimed his sentence was
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have a fair trial
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The Sixth Amendment ensures a citizen's right to
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established unclear standards for applying the death penalty
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In Furman v. Georgia (1972), the Supreme Court ruled in William Furman's favor, saying that Georgia had
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cruel and unusual punishment
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What does the Eighth Amendment prohibit?
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pay bail
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People accused of crimes and awaiting trial may be released from custody if they agree to
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cruel and unusual punishment
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The case of Furman v. Georgia (1972) resulted in a reinterpretation of the meaning of
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murder
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In Furman v. Georgia (1972), William Furman appealed his death sentence for
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disproportionate to the crime.
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A man is sentenced to five years in prison for walking across his neighbor's lawn. In this example, we can say that the punishment is
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appear in court
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Accused persons have the right to request a witness to
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represent himself
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What was Clarence Gideon forced to do during his burglary trial?
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reasonable bail must be set
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Which of these provisions is part of the Eighth Amendment?
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reasonable bail must be set
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Which of these provisions is part of the Eighth Amendment?
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reasonable bail must be set
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Which of these provisions is part of the Eighth Amendment?
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civil liberties
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The basic freedoms that are guaranteed to Americans by the Constitution are called
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Basic human rights are protected.
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What is a main idea in the Ninth Amendment?
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other rights that are not mentioned.
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If a person has a right that is stated in the Constitution, that person has
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New rights beyond those in the Constitution would need to be created.
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Which best states the basis for Justice White's dissenting opinion in Roe v. Wade?
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to be left alone
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Which privacy right is protected by Supreme Court decisions in Griswold v. Connecticut and Roe v. Wade?
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construed
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When a Constitutional Amendment is ________ it is interpreted.
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violated Constitutional rights.
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In the case Roe v. Wade, the Supreme Court ruled that state laws
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explaining medical problems to a personal physician
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Which action would be protected by the Ninth Amendment?
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obtaining unauthorized personal information from a website
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Which action would violate the Ninth Amendment?
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Couples were allowed to keep their marriage decisions private.
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What was the impact of the Griswold v. Connecticut ruling?
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People can make their own lawful decisions.
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What is a main idea in the right to privacy?
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The Constitution should be interpreted based on the intention of the writers.
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What idea was the decision in Griswold v. Connecticut based upon?
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gave a new definition to personal privacy.
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The Supreme Court's decisions in Griswold v. Connecticut and Roe v. Wade were most important because they
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to ensure individual freedoms
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Why was the Ninth Amendment written?
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rights unlisted in the Constitution
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What rights are specifically protected under the Ninth Amendment?
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Both were based on unconstitutional state laws.
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How are the Griswold v. Connecticut and Roe v. Wade cases similar?
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must have the same rights to become a citizen as someone born in the US.
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The citizenship clause of the Fourteenth Amendment says a naturalized person
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due process clause
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Through which clause did state governments become bound by the Bill of Rights?
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that his First Amendment rights were being violated.
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In the case Gitlow v. New York, Gitlow argued
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protecting freed African Americans.
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The cartoon shows an officer from the federal government
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sometimes be applied to the states by the court.
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The practice of selective incorporation means that the Bill of Rights will
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because then the Bill of Rights would cover both state and federal law
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Why were some framers in favor of incorporating the Bill of Rights?
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because it used the due process law to interpret the issue of incorporation
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Why was the Supreme Court's ruling important in Gitlow v. New York?
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to ensure equal treatment for all citizens
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Why did the Supreme Court expand the incorporation of the Bill of Rights?
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make laws to apply the amendment.
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The enforcement clause of the Fourteenth Amendment states that Congress has the authority to
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equal protection under the law.
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Read the excerpt from the Fourteenth Amendment of the United States Constitution. No state shall make or enforce any law which shall [take away] the privileges or immunities of citizens of the United States. This Fourteenth Amendment clause is about
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Separation does not necessarily imply any inequality.
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What did Justice Brown's verdict in Plessy v. Ferguson state?
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quotas
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In Regents v. Bakke, the Supreme Court struck down the use of racial ? as a way to reduce inequality in schools or workplaces.
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made the wrong decision
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What was the Supreme Court in the Brown case saying to the Court of the Plessy case in 1896?
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diversity
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What were affirmative action programs originally designed to encourage?
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Segregation could lead to feelings of inferiority.
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Which of these statements was implied by the decision in Brown v. Board of Education?
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Low self-esteem can have a negative impact on grades.
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When Chief Justice Earl Warren stated, "A sense of inferiority affects the motivation of a child to learn," what was he essentially stating?
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It set a new legal precedent on the issue of segregation.
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How did the verdict in Brown v. Board of Education relate to the verdict in Plessy v. Ferguson?
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refutes the doctrine of "separate but equal."
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We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Compared with the decision in Plessy v. Ferguson, this opinion
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It strengthened the growing civil rights movement.
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What was the social impact of the decision in Brown v. Board of Education?
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sit-ins
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Which of these actions would be considered an act of civil disobedience?
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ended public segregation
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Which of the following did the Civil Rights Act accomplish?
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earning voting privileges
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What is the correct definition of suffrage?
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x= denied z=abridged
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It is El ection Day. Group X appears at the polls, but each member of that group is turned away and not allowed to vote. Group Z appears as well; group Z's members are allowed to vote as long as they brought a utility bill validating their address. What has happened to each group?
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19
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The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Which amendment is this?
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over 18 can vote
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Which statement is true regarding the Twenty-sixth Amendment?
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Census Bureau
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Which government agency analyzed data to ensure African-Americans were receiving fair treatment at the polls?
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1965
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When was the Voting Rights Act passed?
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Women serve in government but are still underrepresented.
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Which occurred after women earned the right to vote?
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contacting the Justice Department about a potential discrimination lawsuit.
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Jacob Smith is an African-American man in his fifties. He heads to a local restaurant for dinner and is told by the hostess that he is going to have to sit on "that side" of the establishment, as she gestures to a part of the restaurant where only other African-Americans are sitting. Mr. Smith feels offended and leaves the restaurant. Based on passage of the Civil Rights Act, what is Mr. Smith's best recourse?
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race
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The Fifteenth Amendment guaranteed a person's right to vote regardless of
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some northern and southern states
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Before the Fifteenth Amendment was passed, which states refused African-Americans the right to vote?
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young adults
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Which group has the lowest voter participation rate?
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literacy tests
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The Voting Rights Act ended
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poll workers having voters read the voting directions out loud before voting
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Which of the following scenarios illustrates what might have taken place at a southern state polling center in the wake of the ratification of the Fifteenth Amendment?
