Chapter 4

Question 1

The Lemon Test, developed during the 1971 Supreme Court case, Lemon v. Kurtzman, is a litmus test for determining whether governmental action that might promote a particular religious practice should be allowed to stand. Which of these points is not indicative of the Lemon Test?

Answer 1

The action or law must not specify the religious practice by name

Question 2

This seminal Supreme Court case dealt with the controversy over whether closely held businesses did not have to provide employees free access to emergency contraception or birth control if doing so would violate the religious beliefs of the business’ owners.

Answer 2

Burwell v. Hobby Lobby

Question 3

This controversial law passed weeks after the 9/11 terrorist attack in 2001, which gave the federal government an easier way to seek and obtain search warrants or bypass requirements altogether

Answer 3

PATRIOT Act

Question 4

This clause of the First Amendment limits the ability of the government to control or restrict religious practices

Answer 4

free exercise clause

Question 5

The First Amendment protects this right, along with others

Answer 5

a. Freedom of speech
b. Freedom of petition
c. Freedom of assembly
d. All of the above

Question 6

This important amendment to the U.S. Constitution guaranteed the rights of freed slaves on an equal standing with white individuals

Answer 6

14th amendment

Question 7

This clause to the Fourteenth Amendment states that “nor shall any State deprive any person of life, liberty, or property, without due process of law

Answer 7

due process clause

Question 8

The Fourth, Fifth, Sixth, Seventh, and Eighth Amendments to the U.S. Constitution broadly do the following

Answer 8

Protect people suspected or accused of criminal activity or facing civil litigation

Question 9

One of the most important clauses in the First Amendment is the Establishment Clause, which states what

Answer 9

Congress cannot create or promote a state-sponsored religion

Question 10

Supreme Court Justice Potter Stewart once described pornography as, “I know it when I see it” when questioning whether or not something was classified as ____________. This set the stage for laws to uphold charges on these exceptions to the right to freedom of expression

Answer 10

obscene

Question 11

Among the shortest amendments to the U.S. Constitution, this amendment states that, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Answer 11

2nd amendment

Question 12

This is the process that subjects a suspect to prosecution twice for the same criminal act. According to the Fifth Amendment, no one who has been acquitted of a crime can be prosecuted again for that crime

Answer 12

double jeopardy

Question 13

These are limitations on government power intended to protect freedoms of the people

Answer 13

civil liberties

Question 14

This amendment to the U.S. Constitution protects against unreasonable searches and seizures

Answer 14

4th amendment

Question 15

Perhaps no act of symbolic speech has been as controversial in U.S. history as __________

Answer 15

burning the flag

Question 16

In The Federalist No. 84, Alexander Hamilton wrote that the Constitution was “merely intended to regulate the general political interests of the nation” rather than to concern itself with:

Answer 16

The regulation of every species of personal and private concerns

Question 17

Although this does not directly appear in the U.S. Constitution or Bill of Rights, scholars believe that James Madison and Congress sought to protect this right to be free of government intrusion in our personal life, particularly within the bounds of the home

Answer 17

Right to privacy

Question 18

This controversial action allows a city or state to take property for redevelopment from private citizens if “just compensation” is provided

Answer 18

Eminent domain

Question 19

Speech is not just written or spoken. This form of speech deals with wearing clothing like an armband that carries a political symbol or raising a fist in the air

Answer 19

Symbolic speech

Question 20

These are guarantees that government officials will treat people equally and that decisions will be made on the basis of merit as opposed to personal characteristics

Answer 20

civil rights

Question 21

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Answer 21

blue law

Question 22

limitations on the power of government, designed to ensure personal freedoms

Answer 22

civil liberties

Question 23

guarantees of equal treatment by government authorities

Answer 23

civil rights

Question 24

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

Answer 24

common-law right

Question 25

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

Answer 25

conscientious objector

Question 26

a prosecution pursued twice at the same level of government for the same criminal action

Answer 26

double jeopardy

Question 27

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

Answer 27

due process clause

Question 28

the right of individuals to obtain, use, and trade things of value for their own benefit

Answer 28

economic liberty

Question 29

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

Answer 29

eminent domain

Question 30

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Answer 30

establishment clause

Question 31

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Answer 31

exclusionary right

Question 32

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Answer 32

free exercise clause

Question 33

a statement by law enforcement officers informing a person arrested or subject to interrogation of his or her rights

Answer 33

Miranda warning

Question 34

acts or statements that are extremely offensive by contemporary standards

Answer 34

obscenity

Question 35

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

Answer 35

Patriot Act

Question 36

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Answer 36

plea bargain

Question 37

a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)

Answer 37

prior restraint

Question 38

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

Answer 38

probable clause

Question 39

the right to be free of government intrusion

Answer 39

right to privacy

Question 40

a legal document, signed by a judge, allowing police to search and/or seize persons or property

Answer 40

search warrant

Question 41

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

Answer 41

selective incorporation

Question 42

an action or statement that admits guilt or responsibility for a crime

Answer 42

self-incrimination

Question 43

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

Answer 43

Sherbert test

Question 44

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

Answer 44

symbolic speech

Question 45

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Answer 45

undue burden test

Question 46

The Bill of Rights was added to the Constitution because ________.

Answer 46

it was meant to protect the people from the national government from having too much power.

Question 47

An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the ________.

Answer 47

right to a writ of habeas corpus

Question 48

The Fourteenth Amendment was critically important for civil liberties because it ________.

Answer 48

helped start the process of selective incorporation of the Bill of Rights

Question 49

Briefly explain the difference between civil liberties and civil rights

Answer 49

Civil liberties are freedoms guaranteed to us by the Constitution to protect us from tyranny while civil rights are the legal rights that protect individuals from discrimination

Question 50

Briefly explain the concept of selective incorporation, and why it became necessary

Answer 50

It became necessary in order to guarantee people’s civil liberties equally across all states

Question 51

Which of the following provisions is not part of the First Amendment?

Answer 51

the right to keep and bear arms

Question 52

The Third Amendment can be thought of as ________.

Answer 52

forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments

Question 53

The Fourth Amendment’s requirement for a warrant ________.

Answer 53

does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

Question 54

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

Answer 54

The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish

Question 55

Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?

Answer 55

collective rights are like rights that are for the people of the united states(religion, free press) individual rights citizens have right to bear arms to protect themselves. The courts decisions reflected individual rights