Chapter 14 Test – Flashcards

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question
Which of the following requirements for holding public office would be unconstitutional?
answer
Office holders must be active members of a church or other religious organization.
question
During his administration, President George W. Bush claimed authority as commander-in-chief to stretch his constitutional powers. He issued executive orders that allowed for ________.
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the use of military tribunals to try noncitizens accused of terrorism
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The Supreme Court ruled against the posting of the Ten Commandments in a Kentucky courthouse but allowed the display of a six-foot-high monument of the Ten Commandments in front of the Texas state capital. The monument was part of a collection of about 40 monuments on display. Which of the following reconciles the two decisions?
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The Kentucky display was solely religious, but the Texas display "served a mixed but primarily nonreligious purpose."
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The administration of President George W. Bush argued that the Military Commissions Act of 2006 allowed the indefinite incarceration of enemy combatants. But in 2008, the Supreme Court granted such people the right to habeas corpus. This meant that imprisoned enemy combatants have the right to ________.
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a hearing in federal court on whether they were being held legally
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Which of the following can the police search without sufficient probable cause to obtain a warrant?
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Farmer's fields containing "No Trespassing" signs
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A recently published novel contains graphic descriptions of human sexuality. A local citizen's group tries to have the novel declared as obscene. Which of the following choices would be the best defense of the novel?
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The novel, by most accounts, has a great deal of literary value.
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The doctrine that holds that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights of its citizens is known as ________.
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incorporation
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The first 10 amendments to the Constitution were ratified in 1791. Together, what are they called?
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The Bill of Rights
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The first incorporation of the Bill of Rights occurred with respect to free speech in the famous case of ________.
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Gitlow v. New York
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When the government prohibits speech or publication before the fact, this is called ________.
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prior restraint
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The First Amendment limits the action of ________.
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Congress
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The Brady Bill of 1993 requires a five-day waiting period before the purchase of a handgun so law enforcement officials can do a background check on the buyer. This law limits citizens' Second Amendment rights to ________.
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keep and bear arms
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Griswold v. Connecticut was a Supreme Court decision pertaining to ________.
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privacy rights
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What is the Supreme Court's stance on shield laws, which protect reporters from having to release the names of confidential sources to a grand jury?
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Not - The court has been somewhat split on the Not - The court has supported shield laws and has pus Not - The court has consistently upheld
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In 2006, the Supreme Court ruled that children under age 18 could not be executed because it violated the ________.
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ban on cruel and unusual punishment
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Opponents of the death penalty express concern about quality of legal defense for the accused, the fairness of the system toward minorities, and the use of DNA evidence where relevant. Even if these conditions are met, which of the following best explains why some might still oppose the death penalty?
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The death penalty is irrevocable and the cost of error in taking a human life is simply too high.
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Which of the following factors could most undermine the protections guaranteed in Gideon v. Wainwright, which led to greater protections for those accused of crimes?
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The quality of court-appointed lawyers varies greatly.
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Which of the following choices best explains the principle concern of the Framers as they wrote the Constitution?
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They worried more about national government intrusions on individual freedom than state government intrusions.
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Which of the following rights is guaranteed by the Sixth Amendment, which lends protection to defendants against unfair trials?
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The right to counsel in a criminal case
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Cases of libel are becoming harder to win because of increasing constitutional standards. In order for a person to win a case of libel against a newspaper or magazine, one must provide ________.
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proof of actual malice or knowing disregard for the truth
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The writ of habeas corpus was included in the Constitution with the purpose of ________.
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ensuring a person was not held in custody without knowing the reasons for their detainment, preventing illegal confinement
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Which of the following is one aspect of the Lemon test, which measures the constitutional basis for laws affecting religious activity?
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The introduction of legislation with a purely secular purpose
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Which of the following is exemplified by pro-life abortion protestors demonstrating outside abortion clinics, trying to dissuade clients from visiting the clinic?
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The balance between a woman's right to abortion and the demonstrators' right to protest
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In the case of New York Times v. Sullivan, the court defined libel and slander. Which of the attributes below is excluded from the legal definition of libel and slander?
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Caused mental distress and anguish
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The Supreme Court has ruled that the "right to counsel" implies the right to ________.
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competent representation
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Which of the following protections is covered by the Fifth Amendment?
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Protection against double jeopardy
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In Roe v. Wade, the Supreme Court found that ________.
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a woman has the right to terminate her pregnancy under certain conditions
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Which test does the Supreme Court use when ruling on whether the wall of separation between government and religion has been crossed?
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Lemon test
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The right to a speedy and public trial and the prohibition against cruel and unusual punishment are ________.
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included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves
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The doctrine of incorporation that the Supreme Court follows is selective, which means that not all the civil liberties guarantees enshrined in the Bill of Rights apply to the states. In order for the court to rule that a particular liberty should be incorporated, it must determine whether the liberty ________.
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is fundamental to the guarantee of life, liberty, and property
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Which constitutional amendment states that Congress may not infringe on the right to bear arms?
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The Second Amendment
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Which statement best describes the constitutional source of the right to privacy?
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The right to privacy is not specifically enumerated in the Constitution.
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Which of the following activities is permissible in the eyes the Supreme Court?
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Discussion of the Ten Commandments as part of a discussion of world history
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What happened to the bad tendency test during the 1920s?
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It was abandoned because forbidding speech that corrupted society or encouraged people to commit crimes was too broad of a restriction on First Amendment rights.
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What was the significance of the decision in Kelo v. City of New London?
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The Supreme Court allowed the government to seize private property to promote economic development, even if that land was then sold by the government to private interest groups.
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According to the Supreme Court, the use of a pat down by police before the administration of Miranda rights is ________.
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constitutional if the police believe the suspect to be an imminent threat
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Which of the following best describes the trend in recent Supreme Court decisions regarding the separation of church and state?
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The First Amendment originally applied to the action of Congress, but was selectively incorporated to apply to the states.
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Which of the following statements best summarizes how the PATRIOT Act affects civil liberties?
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It likely encroaches on Americans' civil liberties in numerous ways.
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Which of the following best describes the Supreme Court's basic position on what the First Amendment means for the relationship between government and religion?
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Government must be neutral toward religion and refrain from either endorsing or disfavoring any particular religion.
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Obscenity is ________.
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not protected under the First Amendment
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Although the Supreme Court uses tests such as the Lemon test to help it determine the constitutionality of laws about matters of religion and government, over the years the tests are applied differently because ________.
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new justices have different opinions about how separate government and religion should be
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What is the key effect of the imposition of the Sixth Amendment?
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In a criminal case, the accused is provided with legal counsel, even if he cannot afford one.
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Under the presidency of George W. Bush, the PATRIOT Act of 2001 was passed. This law holds that ________.
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the U.S. government did not require warrants to use wiretaps and physical searches of foreign agents suspected of having ties to terrorists
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Which of the following best explains why the court did not allow student-led prayers at school-sponsored events?
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Not - A majority of students opposed Not - The prayers were led by students a Not - The school in question had refused Not - The students involved did not attend the school
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In order to protect the rights of the accused, ________ must be used to obtain ________.
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probable cause; a search warrant
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After the terrorist attacks of September 11, 2001, the majority of Americans supported homeland security measures such as ________.
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Not - wire tapping
question
The case of Miller v. California addressed the issue of obscenity. Which of the conditions or factors below did not come under its umbrella?
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Not - The work lacks serious literary, artistic, political or scientific value.
question
The Supreme Court sometimes has approved prior restraint on the grounds of __________.
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national security
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