Chapter 4 – POLS 1101 – Flashcards
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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 substantive constraints found in the Bill of Rights...
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puts limits on what government shall and shall not have the power to do
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What is the main reason that Alexander Hamilton did not want a bill of rights?
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he believed that too many individual liberties destroyed the trust between citizen and government
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The Bill of Rights was written because...
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the Antifederalists demanded it as the price of ratification of the Constitution
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The Bill of Rights was ratified by the states in...
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1791
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What is the Bill of Rights?
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the first ten amendments to the Constitution
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What is the constitutional problem relating to the nationalization of the Bill of Rights?
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Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?
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The due process clause of the Fifth Amendment is best described as...
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a procedural civil liberty
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What describes the Supreme Court's first ruling on the issue of nationalization of the Bill of Rights in 1833?
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The Bill of Rights limits the national government but not state governments
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The constitutional basis for the nationalization of the Bill of Rights is...
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the 14th Amendment
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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...
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selective incorporation
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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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The Lemon test involves which part of the Constitution?
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the establishment clause
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The Supreme Court has traditionally allowed government aid to religious schools only if...
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the aid has a secular purpose, the aid neither advances nor inhibits religion, and the aid does not excessively entangle government in the affairs of religious institutions
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Which clause of the 1st Amendment protects an individual's right to believe and practice whatever religion she or he chooses?
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the free exercise clause
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West Virginia State Board of Education v. Barnette
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children cannot be required to salute the flag if it violates their religious faith
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Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?
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The Court argued that only the judiciary can interpret the scope of the Bill of Rights
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What is false about the death penalty?
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The United States legally executes more people than any other nation in the world
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What are the Alien and Sedition Acts?
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laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States
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What was the fate of the Alien and Sedition Acts?
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the acts were allowed to expire without the Supreme Court ruling on them
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The first and most famous test for determining when the government could intervene to suppress political speech was called the
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clear and present danger test
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Which of the following forms of speech are given the highest level of protection by the Supreme Court?
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political sedition
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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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In order for a public official to win a libel suit against a news medium, the official must prove...
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the story was false and malicious
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The 1st Amendment does not protect these types of speech....
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slander, fighting words & obscenity
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About what did Justice Potter Stewart confess, "I know it when I see it"?
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pornography
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True/False: While there have been a number of bills concerning the internet regulation, as of 2008, no federal laws have been passed
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False
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The Court does not give full protection to fighting words because...
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such words are not part of the essential exposition of ideas
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What is the Supreme Court's position on commercial speech?
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advertisements receive limited 1st Amendment protection
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The 2nd Amendment deals with...
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the right to bear arms
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"Due process of law" in the United States is generally defined by the...
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4th, 5th, 6th, and 8th amendments
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In criminal cases, the burden of proof lies with the...
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government prosecuter
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The controversy over suspicion-less 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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What is the Miranda rule?
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the requirement that persons under arrest be informed of their rights to remain silent
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The right to legal counsel in a criminal proceeding is guaranteed by the...
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6th amendment
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Kelo v. City of New London (2005)
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a city can seize land from private owner and transfer it to another private owner as part of a redevelopment plan
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The power of the government to take private property for public use is...
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eminent domain
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Gideon v. Wainwright
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established the right to counsel in felony cases
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The 8th amendment...
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prohibits cruel and unusual punishment
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The current prohibition on states to criminalize abortion is based on...
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the right to privacy
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Griswold v. Connecticut (1965) & Roe vs. Wade (1973) have dealt with...
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a constitutional right to privacy
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Since 1973, the right to an abortion has been...
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upheld but narrowed in scope
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What year was freedom of speech extended to protect against the acts of state governments?
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1925
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What is not incorporated in the 14th Amendment?
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right to bear arms
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What principle did the Supreme Court establish in 2002, concerning the use of tax-supported vouchers for religious schools?
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the use of vouchers was acceptable as long as the parents had a choice between secular and religious schools
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What is not true about West Virginia State Board of Education v. Barnette?
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It was decided in the midst of the Vietnam War
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Who is most closely associated with the idea that the 1st Amendment protects the "marketplace of ideas"?
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Oliver Wendell Holmes
