Government Unit 3: Tinker v. Des Moines, Furman v. Georgia, Griswold v. Connecticut – Flashcards
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The First Amendment protects the right to
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free speech
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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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4th Amendment
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The Bill of Rights consists of the first ? amendments to the Constitution
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ten
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James Madison presented nineteen amendments to Congress. Why were only ten approved?
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Only ten amendments were ratified by the states.
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Which type of rights were most influential in the creation of the Bill of Rights?
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natural rights
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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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applies to civil court proceedings.
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Which type of rights ensure equal treatment under the law?
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civil 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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to prevent the government from abusing people's rights
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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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9th 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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5th Amendment
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What does the Sixth Amendment's right to counsel guarantee an accused criminal to?
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the right to a lawyer
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Which amendment deals with property rights?
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3rd Amendment
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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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Rights that were not listed would be unprotected.
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Which best describes how unenumerated rights differ from procedural and substantive rights?
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Unenumerated rights are not listed in the Constitution.
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Which best describes what the Bill of Rights does for citizens' rights?
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guarantees them
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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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10th Amendment
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Which type of rights are fundamental and belong to all citizens?
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substantive
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What right is implied by the Second Amendment's right to bear arms?
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the right to protect yourself
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are the rights guaranteed by the Bill of Rights that cannot be taken away by law.
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civil liberties
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What is the common purpose of the Ninth and Tenth amendments?
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They protect rights not listed in the Constitution.
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In the American colonies, which document called for religious freedom?
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The Virginia Declaration of Rights
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Which example violates the free-exercise Clause?
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stopping a religious group from buying a building based on their faith
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In Engel v. Vitale, why did the courts rule that prayer in schools was unconstitutional?
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The prayer was considered a religious activity.
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An activity passes the "Lemon Test" if it is
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secular, neutral, and free of entanglement.
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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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not be in violation of the clause because there is a learning purpose to the items.
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Freedom of religion is guaranteed by the Constitution's ? Amendment.
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1st Amendment
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Which scenario is allowed under the free-exercise clause?
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A parent leads a prayer in a public park.
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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 school is not asking the student to pray.
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What does separation of church and state mean?
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The government cannot make laws based on religion.
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What is the purpose of the establishment clause?
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to stop government from supporting one religion
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Why was freedom of religion added to the First Amendment?
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The colonists suffered persecution for their religious beliefs.
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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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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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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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unconstitutional, because the game is affiliated with the school.
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What is true of a secular activity?
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It is separate from all religious traditions.
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The establishment clause would prevent
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the mayor's office from displaying a cross
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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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Senator Kleinman is in violation because she took the money from a federally funded account.
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For which of these does the First Amendment offer no protection?
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libel
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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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The government can limit speech that causes harm.
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an action that expresses an idea or opinion
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symbolic speech
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Freedom of speech can be limited or restricted in cases involving
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wartime actions
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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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the right to petition the government for redress.
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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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if their action had clearly threatened order and safety
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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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almost always unconstitutional.
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Under which circumstances would protesters' right to assembly most likely be protected?
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marching on the statehouse in favor of marriage for all
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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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supported an unpopular view.
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For prior restraint to apply, what must the government prove about the speech in question?
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The speech must present a clear and identifiable danger.
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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 right to peacefully assemble.
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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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The events involved symbolic speech without disruption.
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When can the government restrict information released by the press?
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could present an immediate threat to security or the public.
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In Tinker v. Des Moines, why was it considered protected speech for students to wear armbands?
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Their action was not disruptive.
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Which is a grand jury right?
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the right to indictment before trial for a capital crime
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How did the Supreme Court rule in the Miranda decision?
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had been denied his rights.
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In Duckworth v. Eagan (1988), the Supreme Court held that the police
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could create their own Miranda warning if it communicated the same message.
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Which of these statements accurately describes the Fifth Amendment?
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All citizens are entitled to due process.
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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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search individuals or seize their property without a warrant.
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The Fourth Amendment states that a reasonable search and seizure must
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include a warrant and be based on probable cause.
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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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With reasonable cause, the officer can stop this individual and frisk him.
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The Fourth Amendment to the Constitution protects citizens' ? rights.
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search and seizure
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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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He had confessed to crimes without being reminded of his right to avoid self-incrimination.
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Why was the Fourth Amendment added to the Constitution?
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to keep the government from abusing its authority
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Which of these statements describes a Fourth Amendment protection?
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A warrant based on probable cause is required.
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Under due process, all people accused of crimes are subject to
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rules that are the same for everyone.
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A key element of the Fourth Amendment is that searches and seizures must be
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reasonable
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Which of these statements accurately describes the Fourth Amendment?
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fair process for searches and seizures.
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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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She can require the witnesses to testify.
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In Furman v. Georgia (1972), William Furman claimed his sentence was
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cruel and unusual
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The Sixth Amendment ensures a citizen's right to
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have a fair trial
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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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established unclear standards for applying the death penalty
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What does the Eighth Amendment prohibit?
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cruel and unusual punishment
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People accused of crimes and awaiting trial may be released from custody if they agree to
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pay bail
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The case of Furman v. Georgia (1972) resulted in a reinterpretation of the meaning of
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cruel and unusual punishment
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In Furman v. Georgia (1972), William Furman appealed his death sentence for
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murder
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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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disproportionate to the crime.
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Accused persons have the right to request a witness to
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appear in court
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What was Clarence Gideon forced to do during his burglary trial?
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represent himself
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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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The impact of Furman v. Georgia (1972) was that states had to
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create clear standards to be applied fairly before imposing the death penalty.
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The basic freedoms that are guaranteed to Americans by the Constitution are called
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civil liberties
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What is a main idea in the Ninth Amendment?
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Basic human rights are protected.
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If a person has a right that is stated in the Constitution, that person has
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other rights that are not mentioned.
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Which best states the basis for Justice White's dissenting opinion in Roe v. Wade?
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New rights beyond those in the Constitution would need to be created.
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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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to be left alone
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When a Constitutional Amendment is ________ it is interpreted.
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construed
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In the case Roe v. Wade, the Supreme Court ruled that state laws
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violated Constitutional rights.
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Which action would be protected by the Ninth Amendment?
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explaining medical problems to a personal physician
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Which action would violate the Ninth Amendment?
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obtaining unauthorized personal information from a website
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What was the impact of the Griswold v. Connecticut ruling?
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Couples were allowed to keep their marriage decisions private.
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What is a main idea in the right to privacy?
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People can make their own lawful decisions.
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What idea was the decision in Griswold v. Connecticut based upon?
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The Constitution should be interpreted based on the intention of the writers.
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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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gave a new definition to personal privacy.
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Why was the Ninth Amendment written?
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to ensure individual freedoms
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What rights are specifically protected under the Ninth Amendment?
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rights unlisted in the Constitution
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How are the Griswold v. Connecticut and Roe v. Wade cases similar?
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Both were based on unconstitutional state laws.
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The citizenship clause of the Fourteenth Amendment says a naturalized person
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must have the same rights to become a citizen as someone born in the US.
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Through which clause did state governments become bound by the Bill of Rights?
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due process clause
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In the case Gitlow v. New York, Gitlow argued
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that his First Amendment rights were being violated.
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The cartoon shows an officer from the federal government
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protecting freed African Americans.
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The practice of selective incorporation means that the Bill of Rights will
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sometimes be applied to the states by the court.
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Why were some framers in favor of incorporating the Bill of Rights?
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because then the Bill of Rights would cover both state and federal law
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Why was the Supreme Court's ruling important in Gitlow v. New York?
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because it used the due process law to interpret the issue of incorporation
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Why did the Supreme Court expand the incorporation of the Bill of Rights?
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to ensure equal treatment for all citizens
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The enforcement clause of the Fourteenth Amendment states that Congress has the authority to
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make laws to apply the amendment.
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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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equal protection under the law.
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What did Justice Brown's verdict in Plessy v. Ferguson state?
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Separation does not necessarily imply any inequality.
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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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quotas
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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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made the wrong decision
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What were affirmative action programs originally designed to encourage?
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diversity
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Which of these statements was implied by the decision in Brown v. Board of Education?
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Segregation could lead to feelings of inferiority.
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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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Low self-esteem can have a negative impact on grades.
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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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It set a new legal precedent on the issue of segregation.
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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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refutes the doctrine of "separate but equal."
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What was the social impact of the decision in Brown v. Board of Education?
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It strengthened the growing civil rights movement.
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Which of these actions would be considered an act of civil disobedience?
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sit-ins
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Which of the following did the Civil Rights Act accomplish?
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ended public segregation
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What is the correct definition of suffrage?
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earning voting privileges
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It is Election 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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x= denied z=abridged
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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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19
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Which statement is true regarding the Twenty-sixth Amendment?
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over 18 can vote
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Which government agency analyzed data to ensure African-Americans were receiving fair treatment at the polls?
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Census Bureau
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When was the Voting Rights Act passed?
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1965
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Which occurred after women earned the right to vote?
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Women serve in government but are still underrepresented.
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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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contacting the Justice Department about a potential discrimination lawsuit.
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The Fifteenth Amendment guaranteed a person's right to vote regardless of
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race
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Before the Fifteenth Amendment was passed, which states refused African-Americans the right to vote?
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some northern and southern states
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Which group has the lowest voter participation rate?
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young adults
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The Voting Rights Act ended
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literacy tests
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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?
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poll workers having voters read the voting directions out loud before voting
