Chapter 20 Test

Question 1

2nd amendment

Answer 1

the right to keep and bear arms; individual right

Question 2

What was the 2nd amendment’s purpose

Answer 2

to protect the right of each state to keep a militia and to preserve the concept of a citizen soldier

Question 3

McDonald v Chicago 2010

Answer 3

used the 14th amendment Due Process clause to apply the Heller ruling to the states

Question 4

3rd amendment

Answer 4

does not permit troops to quarter in private homes during peace time and under special circumstances; no case law because soldiers are provided housing by the government

Question 5

4th amendment

Answer 5

establishes the right against illegal searches and seizures without a warrant and must have probable cause

Question 6

What must police demonstrate to a judge to get a search warrant?

Answer 6

probable cause

Question 7

What exception is there for searching a car?

Answer 7

plain view - search a car if the item is in plain sight

Question 8

What must the police have in order to draw blood from a suspected drunk driver?

Answer 8

reasonable suspicion

Question 9

What is the exclusionary rule?

Answer 9

ensures the 4th amendment protects the peoples’ rights and governs police conduct

Question 10

5th amendment

Answer 10

due process clause, do not have to incriminate yourself

Question 11

6th amendment

Answer 11

fair and impartial jury must be used in court

Question 12

What could a defendant ask for according to the 6th amendment?

Answer 12

the trial could be moved somewhere else where people are not familiar with the facts of the case

Question 13

What must the defendant be told according to the 6th amendment?

Answer 13

the details of the crimes with which he is charged

Question 14

8th amendment

Answer 14

no punishment can be cruel and unusual; mostly associated with the death penalty

Question 15

Give an example of cruel and unusual punishment.

Answer 15

putting people in jail for drug addiction - Robinson v California 1962

Question 16

What types of crimes are allowed for the death penalty?

Answer 16

crimes that result in death

Question 17

Who cannot be given the death penalty?

Answer 17

people who are mentally challenged

Question 18

13th amendment

Answer 18

ended slavery and involuntary servitude

Question 19

What examples do not conflict with the 13th amendment?

Answer 19

being drafted into the military and being imprisoned for crimes committed

Question 20

Due Process Clause

Answer 20

found in the 5th and 14th amendments

Question 21

What does the 5th amendment prohibit?

Answer 21

the federal government from depriving anyone life, liberty, and property

Question 22

The 14th amendment extends due process to who?

Answer 22

the state and local governments

Question 23

Substantive Due Process

Answer 23

defines why the government acts must be fair because fair procedures are of little value if they are used to administer unfair laws

Question 24

Procedural Due Process

Answer 24

defines how the government acts also must be fair

Question 25

Pierce v Society of Sisters 1925

Answer 25

Supreme Court found a compulsory school attendance law in which parents could only send their children to public schools interfered with a parents’ rights to direct the education of their children under the concept of substantive due process

Question 26

Rochin v California 1952

Answer 26

Supreme Court ruled the police/government violated the defendant’s rights to procedural due process when they came into his home without a search warrant and then had his stomach pumped of drugs

Question 27

Miranda v Arizona 1966

Answer 27

established the miranda rule that says the police must tell a suspect about his or her rights before police questioning; critics say that criminals are put back on the streets

Question 28

Furman v Georgia 1972

Answer 28

Supreme Court struck down all state laws providing for the death penalty; gave too much power to judges and juries to decide on the death penalty

Question 29

Roe v Wade 1973

Answer 29

Supreme Court upheld a woman’s right to an abortion in the first trimester established in Griswold v Connecticut 1965

Question 30

Ex Post Facto Laws

Answer 30

prohibits Congress and the states from enacting laws that are applied to acts committed before the laws were passed

Question 31

Bill of Attainder

Answer 31

declares a person or group of persons guilty of a crime and assessing a punishment without the benefit of a trial

Question 32

Writs of assistance

Answer 32

blanket search warrants used to search private homes; British customs officials invaded private homes to search for the smuggled goods

Question 33

What amendment forbids the use of writs of assistance?

Answer 33

4th amendment

Question 34

Treason

Answer 34

defined as giving help to a country’s enemies in wartime

Question 35

What do state police power’s do?

Answer 35

protect the public health, welfare, and safety

Question 36

Give an example of the government protecting the public welfare.

Answer 36

compulsory education - all students must attend school

Question 37

Give an example of the government acting in the welfare of public health.

Answer 37

vaccines

Question 38

Give an example of the government acting in public safety.

Answer 38

DUI checkpoints

Question 39

Wiretapping

Answer 39

is constitutional as long as a warrant is obtained

Question 40

Bail

Answer 40

money that the defendant may be required to post as a guarantee that he or she will appear in court; amount is determined by how bad the crime is