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The Supreme Court case of Mapp v. Ohio established the

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exclusionary rule.

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Protection of citizens from improper government action is the definition of

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civil liberties.

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Which of the following places restraints on how the government is supposed to act?

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procedural liberties

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This process has gradually applied most of the protections of the Bill of Rights as limitations on state government power.

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selective incorporation

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The first ten amendments to the Constitution are called the

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Bill of Rights.

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The ____________ has been interpreted quite strictly to mean that a virtual wall of separation exists between church and state.

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establishment clause

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The so-called Lemon test, which came from the court case Lemon v. Kurtzman, concerns the issue of

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aid to religious schools.

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The First Amendment's ____________ protects the right to believe in and practice one's religion of choice.

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free exercise clause

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Which 1940 Supreme Court case established the time, place and manner rule that distinguishes between the regulation of religious beliefs and actions based on those beliefs?

answer

Cantwell v. Connecticut

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An example of speech plus would be

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giving a speech against abortion and then distributing informational leaflets.

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Four forms of speech fall outside the absolute guarantees of the First Amendment and therefore outside the realm of protected forms of speech. Which of the following is not a conditionally protected form of speech?

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political speech

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In 2008, the U.S. Supreme Court declared that the Second Amendment protects

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an individual's right to possess a firearm for private use.

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McDonald v. Chicago incorporated which civil liberty against the states for the first time?

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right to bear arms

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The Fourth, Fifth, Sixth, and Eighth amendments, taken together, define

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due process of law.

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Miranda rights concern

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self-incrimination.

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Taking private property for public use is covered under the provision of

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eminent domain.

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In essence, for more than 170 years the Bill of Rights

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did not really affect most Americans.

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Division of current public opinion about the death penalty results from

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differing opinions as to what constitutes cruel and unusual punishment.

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The use of personal information by websites like Facebook, and its advertisers, raises questions about

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the right to privacy.

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The Supreme Court ruled in ____________ that the right to privacy did not extend to homosexuals.

answer

Bowers v. Hardwick

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Government policies after 9/11 have illustrated the tension between

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liberty and national security.

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The exclusionary rule was established in which Supreme Court case?

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Mapp v. Ohio

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Civil liberties are

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limitations on government action.

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_______________ liberties place restraints on how government is supposed to act, while ____________ liberties limits what the government has the power to do.

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Procedural; substantive

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Selective incorporation

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considers the provisions of the Bill of Rights one by one and selectively applies them as limits on the states through the Fourteenth Amendment.

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The Bill of Rights consists of

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the first ten amendments to the U.S. Constitution.

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The idea of the separation of church and state is most closely associated with the

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establishment clause.

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Which of the following is a component of the Lemon test?

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determining whether government involvement advances a particular religion

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The free exercise clause protects

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the right to believe in and practice one's religion of choice.

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The courts ________ allow the government to regulate the time, manner, and place of expression of an assembly, _____________ the content neutrality of the regulation.

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do; conditional on

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Speech accompanied by conduct can be regulated by the government to preserve public order is called

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speech plus.

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Fighting words fall outside constitutional protection because they

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directly incite violence.

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The Second Amendment concerns

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the right to bear arms.

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The Second Amendment right to bear arms was applied to the states via selective incorporation in

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McDonald v. Chicago.

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Due process of law is

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the right of every citizen against arbitrary government action.

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The Fifth Amendment protects against

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double jeopardy.

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Eminent domain is the power of government to

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take private property for public use.

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The concept of selective incorporation means that

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only some of the liberties in the Bill of Rights are applied to the states.

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The Eighth Amendment's prohibition of cruel and unusual punishment is most controversial in its application to

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the death penalty.

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The Supreme Court's decision in Roe v. Wade was based on the

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right to privacy.

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The Supreme Court ruled in Lawrence v. Texas that the right to privacy

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extends to homosexuals.

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The tension between liberty and national security is evident in

answer

debates over post-9/11 government actions.

GOVT-2305 – Ch 4 Pre/Post-Test – Flashcards

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