PSC 100 Chapter 4 – Flashcards
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According to John Locke and the Declaration of Independence, our rights are: a. Granted by government b. Granted by our fellow citizens c. Natural d. Determined indirectly as whatever is not regulated by government e. Determined arbitrarily
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C. Natural
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According to the textbook, all of the following statements concerning rights are true EXCEPT: a. Rights create power for the individual over government. b. Rights help to define the difference between a citizen and a subject. c. Noncitizens may have rights. d. The Dred Scott case demonstrated the power of citizenship. e. Rights involve the absence of power, not the creation of power.
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E. Rights involve the absence of power, not the creation of power
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The difference between civil rights and civil liberties is: a. Inconsequential, because the terms are used interchangeably in the United States b. That civil rights involve speech, press, and religious freedom, whereas civil liberties involve voting c. That civil rights limit the power of government, whereas civil liberties expand the power of government d. That civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government e. That civil rights involve freedoms, whereas civil liberties involve voting
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D. That civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of the government.
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Which of the following is not an example of a conflict of rights among individuals? a. Freedom of speech versus the right to learn in a nonthreatening environment b. The right to free speech versus the ability to carry a weapon c. Freedom of the press versus the right to privacy d. The right to say a prayer versus the right not to be subjected to a prayer e. Freedom of assembly versus the right not to be discriminated against
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B. The right to free speech versus the ability to carry a weapon
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Individual actions can come into conflict with the collective good of society: a. Only when direct harm occurs to another specific individual b. Because individual actions often have important consequences and costs for society c. Whenever the majority agrees that such harm exists d. Only when the claim can be tied to a specific provision of the Constitution e. Only rarely, because the collective good of society is nothing more than the summation of the good of all the individual citizens
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B. Because individual actions often have more important consequences and costs for society
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The example provided in the textbook concerning the response to the September 11 attacks demonstrates that: a. Liberty must always give way to the security needs of the nation. b. The liberty of the people is always more important than the security needs of the nation. c. It may be hard to protect both liberty and security. d. Liberties are far more likely to come into conflict with each other than is liberty to come into conflict with security. e. Liberty and security are never really in conflict.
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C. It may be hard to protect both liberty and security.
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As an arbiter between the rights of the individual and the exercise of power by society, the Supreme Court has: a. Sided consistently with individual rights b. Acted in an inconsistent manner across the spectrum of possible positions over the course of American history c. Supported government power in the 1800s, but has been consistently on the side of the individual since 1900 d. Leaned toward protection of the individual in the nineteenth century, but has consistently favored government power since then e. Generally remained neutral and allowed Congress to decide issues of individual liberty
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B. Acted in an inconsistent manner across the spectrum of possible positions over the course of American History
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An action that criminalizes an act after it occurs is a(n): a. Unconstitutional ex post facto law b. "Closing the barn door after the horse is out" law c. Bill of attainder d. Habeas corpus law e. Exclusionary rule type of law
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A. Unconstitutional ex post facto law
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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: a. Habeas corpus b. Ex post facto presentation c. Bills of attainder d. Miranda rights e. Bills of presentment
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A. Habeas Corpus
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The Supreme Court began the process of applying the Bill of Rights to the states: a. In the case of Marbury v. Madison b. Shortly after the Civil War c. In the 1960s d. In the Dred Scott decision e. In a piecemeal fashion starting in 1897
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E. In a piecemeal fashion starting in 1897
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The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is: a. The Bill of Rights itself b. Congress c. The Fourteenth Amendment to the Constitution d. Marbury v. Madison e. Federalist No. 10
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C. The Fourteenth Amendment to the Constitutuion
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All of the following statements concerning incorporation of the bill of rights are true EXCEPT: a. Incorporation has taken place on the basis of provisions of the Fourteenth Amendment. b. Incorporation is a matter of interpretation rather than a constitutional principle. c. The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s. d. Incorporation has taken place on the theories of both selective incorporation and total incorporation. e. Without incorporation the Bill of Rights would apply only to acts of the federal government.
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C. The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960's
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13. The rights the founders believed were essential to maintaining a representative democracy included all of the following EXCEPT: a. Establishment of religion b. The right to bear arms c. Freedom of speech d. Freedom of the press e. The right to assemble and petition the government for redress of grievances
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A. Establishment of Religion
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14. The founders argued that freedom of religion is valuable for all of the following reasons EXCEPT: a. Linking religion and government threatens all individual freedom. b. Engaging in politics corrupts religion. c. Religion is largely myth and therefore is not important enough to be of concern for government. d. Religious involvement in politics creates factions. e. A universal freedom of conscience should be cherished.
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C. Religion is largely myth and therefore is not important enough to be a concern for government.
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15. In the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has in recent times: a. Sided consistently with the separationist position b. Sided consistently with the accommodationist position c. Been moving more and more toward the separationist position d. Been moving more and more toward the accommodationist position e. Established no clear pattern and has favored each position at various times
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E. Established no clear pattern and has favored each position at various times.
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16. The establishment clause guarantees: a. That government will not create and support an official state church b. That all citizens may freely engage in religious activities of their choice c. That American government is based on Judeo-Christian values d. That all churches shall have tax-exempt status e. The right to set up a church whenever a religious group so desires
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A. That government will not create and support and official state church
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According to the Supreme Court, for school prayer to violate the establishment clause it must be: a. Part of official school activities b. Denominational c. Opposed by a majority of the students or their parents d. Anti-Semitic e. Objectionable to at least one student
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A. Part of official school activities
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.Separationists differ from accommodationists in that: a. Separationists wish to separate issues of school prayer from issues involving the establishment clause. b. Accommodationists wish to separate issues of school prayer from issues involving the establishment clause. c. Separationists favor a stricter separation of church and state than accommodationists. d. Accommodationists favor a stricter separation of church and state than separationists. e. Separationists favor a narrower interpretation of the free exercise clause.
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C. Seperationists favor a stricter separation of church and state than accommodationists
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The Lemon test established that: a. If there are prayer or Bible readings in schools, then students who do not wish to participate must be excused. b. States may prohibit religious activities that present a clear and present danger. c. Citizens may freely engage in the religious activities of their choice. d. There shall be no excessive entanglement of government and religion. e. No state can establish an official religion.
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D. There shall be no excessive entanglement of government and religion.
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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: a. Gitlow v. New York b. Roe v. Wade c. West Virginia State Board of Education v. Barnette d. Mapp v. Ohio e. Lemon v. Kurtzman
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C. West Virginia State Board of Education vs. Barnette
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According to the textbook, free speech is valuable for all of the following reasons EXCEPT: a. It helps create an informed citizenry. b. It provides a voice for the minority. c. It is good for economic development. d. It provides a watchdog over government. e. It helps preserve the truth.
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C. It is good for economic development
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In attempting to decide when speech can be prohibited, the Supreme Court has: a. Made it easier for the government to suppress speech b. Clarified when the government can suppress speech *c. Made it harder for the government to suppress speech d. Been reluctant to interfere with the government's authority to suppress speech e. Rarely had to address when the government can suppress speech
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C. Made it harder for the government to suppress speech
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Which of the following statements does not reflect the Supreme Court's view of freedom of expression? a. Flag burning is protected under the Constitution. b. Associations such as the NAACP can be required to make their membership lists public. c. Prior restraint of the press can occur only during extreme emergencies. d. Pornography is protected on the Internet. e. Political speech can be restricted only if it leads to "imminent lawlessness."
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B. Associations such as the NAACP can be required to make their membership lists public
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24. Which of the following statements concerning the protection of free expression in the United States is not true? a. Americans have often found it easy to suppress the free expression of unpopular ideas. b. Free expression has been suppressed at times in the name of national security. c. One argument in favor of free expression is that it aids in the search for truth. d. The Supreme Court has consistently favored expansion of the freedom of expression. e. One argument in favor of the suppression of false ideas is that they are a threat to the truth.
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D. The Supreme Court has consistently favored expansion of the freedom of expression.
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The national government decides 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 would the government prosecute the speaker? a. Symbolic speech b. Fighting words c. Sedition d. Libel e. Slander
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C. Sedition
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The Supreme Court's ruling in Brandenburg v. Ohio is significant because it: a. Created a new standard for regulating political speech b. Solved the question of what to do when violent speech is linked with violent action c. Created the clear and present danger test d. Declared certain kinds of symbolic speech to be unconstitutional e. Created a new test to determine whether something was pornographic
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A. Created a new standard for regulating political speech
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. The test that seems to provide the most protection for free speech is the: a. Lemon test b. Imminent lawless action test c. Clear and present danger test d. Scalia test e. Bad tendency test
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B. Imminent lawless action test..
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The Supreme Court has ruled that: a. Symbolic speech is always protected. b. Symbolic speech is never protected. c. Symbolic speech is not protected when it is most likely to inspire fear of bodily harm. d. Flag burning is not symbolic speech. e. Symbolic speech may be prohibited when it offends the public's values.
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C. Symbolic speech is not protected when it is most likely to inspire fear of bodily harm
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29. It is difficult for the Supreme Court to determine the exact meaning of obscenity because: a. The whole area is so subjective that wide disagreement exists. b. Few historical cases have examined the issue. c. There are so few obscenity tests from which to choose. d. Radical feminists and conservatives strongly disagree on the issue. e. Teachers and students strongly disagree on the issue.
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A. The whole area is so subjective that wide disagreement exists.
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An interesting result of the obscenity debate has been: a. The absence of politics in the debate b. The alliance of conservatives and radical feminists in opposition to obscenity c. The alliance of the pornography industry and feminists to fight for looser restrictions on what is considered obscene d. The alliance of big business and labor in opposition to obscenity e. A split on the issue in the Republican Party
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B. The alliance of conservatives and radical feminists in opposition to obscenity
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31. The idea that language shapes behavior and therefore should be regulated to control its social effects is known as: a. The free exercise clause b. Political correctness c. Fighting words d. Obscenity e. Libel
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B. Political correctness
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The founders' opposition to prior restraint showed their commitment to: a. The right to due process of law b. Freedom of the press c. Freedom of assembly d. The right to bear arms e. Freedom of religion
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B. Freedom of the pres
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33. The Supreme Court has ruled that prior restraint: a. May be used by presidents in situations they declare to involve national security b. May be used in cases in which words are malicious c. May be upheld only in cases of extreme emergency d. May be upheld when Congress has granted the president legal authority to censor
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C. May be upheld only in cases of extreme emergency.
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34. Written defamation of character is known as: a. Obscenity b. Libel c. Political falsehood d. Slander e. Sedition
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B. Libel
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35. The Supreme Court has ruled that public figures can win libel suits against the mass media only when: a. The claims made by the media are false. b. The claims made by the media damage the reputation of the public figure. c. The public figure does not agree with the claims. d. The claims made by the media will affect the outcome of an election. e. The claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims.
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E. The claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims.
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In the conflict between media access to a trial and a defendant's right to a fair trial, the Supreme Court has: a. Generally restricted press access to a trial b. Rarely considered whether the person is a public figure c. Relied on the defendant's feelings to determine if there should be press access to the trial d. Made total media access the norm after the O. J. Simpson trial e. Generally permitted press access to most stages of the legal proceedings
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E. Generally permitted press access to most stages of the legal proceedings
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The Supreme Court has ruled that: a. Public figures have more protection from the press than other members of the public. b. Public figures have the same protection from the press as other members of the public. c. Public figures have less protection from the press than other members of the public. d. Only nonpolitical public figures have as much protection from the press as other members of the public. e. Only political public figures have as much protection from the press as other members of the public.
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C. Public figures have less protection from the press as other members of the public
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The Supreme Court has: a. Generally protected freedom of expression on the Internet b. Protected freedom of expression on the Internet except in cases of pornography c. Consistently restricted freedom of expression on the Internet d. Consistently protected freedom of expression on the Internet e. Refused to hear cases related to how the First Amendment applies to the Internet
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A. Generally protected freedom of expression on the Internet
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The Supreme Court has most recently ruled that the Second Amendment: a. Establishes only a collective right of the states to have militias b. Does not apply to the states c. Establishes an individual right to bear arms d. Applies to the states e. Is ambiguous and should be disregarded
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C. Establishes an individual right to bear arms
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40. The Supreme Court most recently ruled that the Second Amendment individual right to bear arms: a. Applies to the states as well as to the national government b. Applies only to the national government c. Is restricted to rifles d. Should be replaced in favor of an interpretation that the right to bear arms is a collective right of the states e. Does not apply to individuals convicted of misdemeanor domestic assault
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A. Applies to the states as well as the national government
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Which of the following statements does not describe the Supreme Court's views regarding due process of the law? a. The Sixth Amendment right to counsel must be followed by the states. b. A law officer does not need a warrant to search a car if the officer believes a law has been broken. c. Evidence that is seized illegally may not be used to obtain a conviction. d. Confessions may not be admissible in court if the law officer did not inform the person of his or her rights. e. The death penalty is racially biased
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E. The death penalty is racially biased
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In the Florence v. Board of Chosen Freeholders of County of Burlington case, the court ruled that the plaintiff could be: a. Arrested for symbolic speech because his actions constituted an imminent threat to public safety b. Subject to a strip search for a minor offense he didn't commit because concerns over jail security outweigh an individual's privacy rights c. Strip searched because the suspect's conduct gave the police a reasonable suspicion that a crime had been committed or was about to be committed d. Released from jail because he was not given his Miranda rights prior to being placed in the jail population e. Released from jail due to police misconduct, which included forcing the suspect to lift his genitals after being booked at the police station
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B. Subject to a strip search for a minor offense he didn't commit because concerns over jail security outweigh and individual's privacy rights
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The current status of the exclusionary rule is that: a. Evidence obtained unconstitutionally may not be used in court. b. Evidence obtained unconstitutionally may be used in court, but the defendant may sue the police in civil court or bring criminal charges against them. c. The exclusionary rule has been eliminated. d. 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. e. None of the above
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D. 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
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The Supreme Court has ruled that the exclusionary rule should: a. Apply only when the police conduct an illegal search deliberately; however, the burden is on the police to show they acted in good faith b. Apply only to acts of the national government c. Be eliminated d. Be expanded to cover searches conducted by the military e. Not apply to cases involving investigations of terrorism
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A. Apply only when the police conduct an illegal search deliberately; however, the burden is on the police to show they acted in good faith
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The exclusionary rule is the Supreme Court rule that states that: a. Illegally seized evidence cannot be used to obtain a conviction. b. Special regulations promulgated by the president to keep foreign aliens from entering the country apply only during a national crisis. c. A defendant's previous record cannot be raised in a trial. d. Evidence not related to a crime must be excluded from a person's trial. e. A defendant's religious activities must be excluded from evidence
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A. Illegally seized evidence cannot be used to obtain a conviction
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Miranda v. Arizona held that: a. Confessions will be judged by the "totality of circumstances" rule. b. All confessions must be made in the presence of a lawyer. c. Police can no longer use confessions as a basis for arresting a person. d. Police have to advise people of their constitutional rights prior to questioning. e. Confessions obtained beyond U.S. borders cannot be used as evidence in U.S. courts.
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D. Police have to advise people of their constitutional rights prior to questioning
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The right against self-incrimination: a. Applies only during trial b. Does not apply at the federal level under the Crime Control and Safe Streets Act c. Applies to suspects only in capital cases d. Applies at all stages of a criminal proceeding at the state and national levels e. Was weakened when the Supreme Court reversed the Miranda decision
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D. Applies at all stages of a criminal proceeding at the state and national levels
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The current status of the right to counsel in criminal trials is: a. The Supreme Court has eliminated the right to counsel. b. The Supreme Court has extended the right to counsel to civil cases. c. The Supreme Court has restricted the right to counsel to those earning less than $3,000 per year. d. There has been no change in the law since the Gideon case, and the states have undergone a great financial burden to make sure every defendant has competent counsel. e. In many places the right to counsel is complied with on a minimal basis
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E. In many places the right to counsel is complied with on a minimal basis
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Based on Supreme Court rulings, in which of the following situations is the death penalty permissible? a. When lethal injection is the method used to impose the death penalty b. When the defendant is mentally retarded c. When the defendant is a juvenile d. When the crime does not result in the death of the individual e. When juries do not have uniform standards to apply in imposing the death penalty
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A. When lethal injection is the method to impose the death penalty
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. It is difficult to know when to apply the prohibition against cruel and unusual punishment because: a. The definitions of "cruel" and "unusual" are difficult to establish. b. The public presses the government to inflict cruel punishments. c. Cruel punishments are often warranted. d. Crime can be suppressed only if the government is willing to be cruel. e. Unusual punishments are often necessary for unusual defendants.
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A. The definitions of "cruel" and "unusual" are difficult to establish.
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Support of capital punishment has been weakening in the United States mostly due to public concern that: a. The international community strongly disapproves of it. b. The system might be executing innocent people. c. It is inherently wrong in principle. d. It encourages violent behavior. e. The death sentence isn't used often enough in criminal cases.
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B. The system might be executing innocent people.
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. All of the following statements concerning the right to privacy are true EXCEPT: a. The founders debated whether to include a right to privacy in the Constitution and rejected it. b. It is not directly mentioned in the Constitution. c. Many states included a protection of privacy in their constitutions before the Supreme Court first claimed it to be protected by the U.S. Constitution. d. The conclusion reached by the Supreme Court that the right to privacy is protected by the Constitution involves inferences from several amendments. e. The claim that there is a constitutionally protected right to privacy remains controversial.
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A. The founders debated whether to include a right to privacy in the Constitution and rejected it.
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Which of the following statements best describes the constitutional right to privacy? a. The courts have ruled that a right to privacy applies only to cases of reproductive rights. b. A right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied. c. A right to privacy is spelled out explicitly in the Tenth Amendment. d. The founders did not support a right to privacy, as evidenced by the Bill of Rights. e. A right to privacy exists in the federal Constitution but not in most state constitutions.
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B. A right to privacy is not clearly spelled out in the Constitution, but many people argue the rule is implied.
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The authors of the text conclude that the question of whether and how the states should regulate abortion: a. Is settled law b. Has receded from political debate c. Is likely to remain a divisive issue in American politics for some time d. Has moved to the state level as an issue e. Will inevitably be decided in favor of those claiming that a right to abortion exists
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C. Is likely to remain a divisive issue in American politics for some time.
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. The Supreme Court's ruling in Griswold v. Connecticut is significant because it: a. Protected a poor person's right to counsel b. Opened the door for a variety of claims regarding the right to privacy c. Incorporated the exclusionary rule d. Created a new standard regarding the regulation of political speech e. Changed precedent regarding searches and seizures
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B. Opened the door for a variety of claims regarding the right to privacy
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The Supreme Court has most recently ruled that what happens between consenting adults: a. Can be restricted when prevailing moral standards are violated b. Is not addressed in the Constitution c. Can be restricted only when it involves homosexual behavior d. Can be restricted by the states, but not by the federal government e. Is protected by the right to privacy
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E. Is protected by the right to privacy
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The Supreme Court has ruled that the right to refuse medical life support: a. Does not exist b. Is superseded by the authority of the state to protect life c. Is a matter for individuals to decide for themselves d. Has very limited protection e. Can be decided by the families when individuals cannot speak for themselves and their wishes are unknown
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C. Is a matter for individuals to decide for themselves
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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: a. Life and death b. The privacy of information c. Education d. Travel e. Those accused of a crime
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A. Life and death
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According to the textbook, we value individual rights because they lead to: a. A safer society b. Collective benefits c. A more politically active society d. A more informed society e. Material benefits
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B. Collective benefits
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According to the textbook, conflicts of rights often come down to conflicts: a. Of power b. Of citizenship c. Between federal and state governments d. Between political parties e. Of interests
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A. Of power
