question

The difference between civil rights and civil liberties is

answer

That civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government

question

The Supreme Court began the process of applying the Bill of Rights to the states In a piecemeal fashion starting in 1897

answer

In a piecemeal fashion starting in 1897

question

The test that seems to provide the most protection for free speech is the

answer

Imminent lawless action test

question

The establishment clause guarantees

answer

The government will not create and support an official state church

question

Which of the following statements concerning the protection of free expression in the United States is NOT true?

answer

The Supreme Court has consistently favored expansion of the freedom of expression

question

It is difficult for the supreme court to determine the exact meaning of obscenity because

answer

The whole area is so subjective that wide disagreement exists.

question

In the conflict between media access to a trial and a defendant's right to a fair trial, the Supreme Court has ______.

answer

Generally permitted press access to most stages of the legal proceedings.

question

The current status of the right to counsel in criminal trials is that

answer

In many places, the right to counsel is complied with on a minimal basis

question

The current status of the exclusionary rule is that

answer

Unconstitutionally gathered evidence may be used in court as long as the police did not violate the Constitution deliberately; however, the burden is on the police to show they acted in good faith

question

According to the textbook, we value individual rights because they lead to

answer

Collective benefits

question

All of the following statements concerning the right to privacy are true EXCEPT this one:

answer

The founders debated whether to include a right to privacy in the Constitution and rejected it

question

According to the textbook, all of the following statements concerning rights are true EXCEPT this one:

answer

Rights involve the absence of power, not the creation of power

question

The rights of founders believed were essential to maintaining a representative democracy included all of the following EXCEPT this one:

answer

Establishment of religion

question

The Lemon test establishes that

answer

There shall be no excessive entanglement of government and religion

question

An interesting result of the obscenity debate has been

answer

The alliance of conservatives and radical feminists in opposition to obscenity

question

In Florence v. Board of Chosen Freeholders of County of Burlington, the Court ruled that the plaintiff could be

answer

Subject to a strip search for a minor offense he didn't commit because concerns over jail security outweigh an individual's privacy rights.

question

Which of the following statements does NOT describe the Supreme Court's views regarding due process of the law?

answer

The death penalty is racially biased

question

Based on Supreme Court rulings, in which of the following situations is the death penalty permissible?

answer

When lethal injection is the method used to impose the death penalty

question

In reading about the issues discussed in the textbook concerning the right to privacy, one would conclude that most of the controversies over this right involve

answer

Life and Death

question

The example provided in the textbook concerning the response to the September 11 attacks demonstrates that

answer

It may be hard to protect both liberty and security

question

In the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has in recent times

answer

Established no clear pattern and has favored each position at various times.

question

Separationists differ from accommodationists in that

answer

Separationists favor a stricter separation of church and state than accommodationists

question

The Supreme Court's ruling in Brandenburg v Ohio is significant because it

answer

Created a new standard for regulating political speech

question

The Supreme Court has ruled that prior restraint

answer

May be upheld only in cases of extreme emergency

question

The current status of the right to counsel in criminal trials is that

answer

In many places, the right to counsel is complied with on a minimal basis

question

The Supreme Court most recently ruled that the Second Amendment individual right to bear arms

answer

Applies to the states as well as to the national government

question

The authors of the text conclude that the question of whether and how the states should regulate abortion

answer

Is likely to remain a divisive issue in American politics for sometime

question

The Supreme Court has ruled that public figures can win libel suits against the mass media only when the

answer

Claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims

question

In attempting to decide when speech can be prohibited, the Supreme Court has

answer

Made it harder for the government to suppress speech

question

The Supreme Court has mostly recently ruled that the Second Amendment

answer

Establish an individual right to bear arms

question

Support of capital punishment has been weakening in the United States, mostly due to public concern that

answer

The system might be executing innocent people

question

Which of the following is not an example of a conflict of rights among individuals?

answer

The right to free speech versus the ability to carry a weapon

question

The right of an accused to be brought before a judge and informed of the charges and evidence against him or her is known as

answer

Habeas Corpus

question

The exclusionary rule is the Supreme Court rule that states that

answer

Illegally seized evidence cannot be used to obtain a conviction

question

The Supreme Court's ruling in Griswold v Connecticut is significant because it

answer

Opened the door for a variety of claims regarding the right to privacy

question

The founders' opposition to prior restraint showed their commitment to

answer

Freedom of the press

question

The Supreme Court has ruled that the exclusionary rule should

answer

Apply only when the police conduct an illegal search deliberately; however the burden is on the police to show they acted in good faith

question

Which of the following statements best describes the constitutional right to privacy?

answer

A right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied

question

According to the textbook, conflicts of rights often come down to conflicts

answer

of power

question

According to John Locke and the Declaration of Independence our rights are

answer

Natural

question

All of the following statements concerning incorporation of the Bill of Rights are true EXCEPT this one:

answer

The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960's

question

The Supreme Court demonstrated the difficulty of balancing the free exercise of religion clause of the First Amendment with the need for social order in

answer

West Virginia State Board of Education v. Barnette

question

The national decided to prosecute a speaker who states at a political rally, "The U.S. government's policy toward the Middle East is responsible for the violence in the region, and our leaders should be forced to change their policy." Although the government would most likely be unsuccessful, for what the government prosecute the speaker?

answer

Sedition

question

The Supreme Court has ruled that the right to refuse medical life support

answer

Is a matter for individuals to decide for themselves

question

The Supreme Cour has ruled that

answer

Public figures have less protection from the press than other members of the public

question

The Supreme Court has most recently ruled that what happens between consenting adults

answer

Is protected by the right to privacy

question

The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is

answer

The Fourteenth Amendment to the Constitution

question

As an arbiter between the rights of the individual and the exercise of power by society, the Supreme Court

answer

Has acted in an inconsistent manner across the spectrum of possible positions over the course of American history

question

An action the criminalizes an act after it occurs is a(n)

answer

Unconstitutional ex post facto law

question

Miranda v. Arizona held that

answer

Police have to advise people of their constitutional rights prior to questioning

question

The idea that language shapes behavior and, therefore, should be regulated to control its social effects is known as

answer

Political correctness

question

According to the Supreme Court, for school prayer to violate the establishment clause, it must be

answer

Part of official school activities

question

The right against self-incrimination

answer

applies at all stages of a criminal proceeding at the state and national levels

question

Individual actions can come into conflict with the collective good of society

answer

Because individual actions often have important consequence and costs for society

question

The founders argued that freedom of religion is valuable for all of the following reasons EXCEPT this one

answer

Religion is largely myth and therefore is not important enough to be of concern for government

question

Which of the following statements does NOT reflect the Supreme Court's view of freedom of expression?

answer

Associations such as the NAACP can be required to make their membership lists public

question

The Supreme Court has ruled that

answer

Symbolic speech is not protected when it is most likely to inspire fear of bodily harm `

question

The Supreme Court has

answer

Generally protected freedom of expression on the internet

question

Written defamation of character is known as

answer

Libel

question

It is difficult to know when to apply the prohibition against cruel and unusual punishment because

answer

the definitions of cruel and unusual are difficult to establish

question

According to the textbook, free speech is valuable for all of the following reasons EXCEPT this one:

answer

It is good for economic development

American politics chapter 5 quiz – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards