Chapter 4 Flashcards
The first ten amendments to the U.S. Constitution are called
A) Magna Carta
B) the Articles of Confederation
C) the Mayflower Compact
D) the Bill of Rights
d) The Bill of Rights
Which of the following is the best example of a substantive civil liberty
A) “The accused shall enjoy a right to a speedy trial”
B )”Cruel and unusual punishments shall not be inflicted”
C) “Congress shall make no law respecting the establishment of religion”
D) Private property shall not be taken for public use without just compensate
C) Congress shall make no law respecting the establishment of religion
According to the textbook, what is the constitutional problem relating to the nationalization of the Bill of Rights
A) Does the Bill of Rights put limits only on the national govt, or does it limit state govt as well?
B) does every state have to ratify each amendment to the Constitution, or only a majority of the states?
C) Must the level of enforcement of the Bill of rights have to be equal throughout every state?
D) Does the Bill of rights legalize a national moral consensus?
a) Does the bill of Rights put limits only on the national government, or does it limit state governments as well?
Which of the following is the best description of the supreme Court first ruling on the issue of the nationalization of the Bill of Rights in 1883
A) the takings clause restricts national and state governments but not city governments
B) the bill of rights should not be used if a states’s constitution already contains its own bill of rights
C) the takings clause does not cover accidents cause by govt officials.
D)The bill of Rights limits only the national government but no state governments
d) The bill of Rights limits only the national government but no state governments
The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect
citizens against states and federal actions is called
a. habeas corpus.
b. selective incorporation.
c. the takings clause.
d. federalism
b) selective incorporation
The wall of separation between church and state is best found in what clause of the Constitution?
a. the free exercise clause
b. the establishment clause
c. the equal protection clause
d. the wall of separation clause
b) the establishment clause
Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?
a. The Constitution forbids the establishment of official or unofficial religions.
b. Peyote smoking is illegal, even if it is for religious reasons.
c. The Court argued that only the judiciary can interpret the scope of the Bill of
Rights.
d. The president had not formally signed the act
c) The Court argued that only the judiciary can interpret the scope of the Bill of Rights
When the government blocks the publication of material it does not want released, this is known as
A)sedition
B) speech plus
C) prior restraint
D)clear and present danger
c) prior restraint
Which of the following types of speech does not receive full First Amendment protection?
a. slander
b. fighting words
c. obscenity
d. all of the above
d) all of the above
In order for a public official to win a libel suit against a news medium, the official must prove
a. the story was false.
b. the story was malicious.
c. the story was false and malicious.
d. Libelous stories receive absolute protection if the story is about a public official
c) the story was false and malicious
Which of the following statements regarding the law and the Internet is false?
a. The Internet has made it more difficult for government to regulate obscene
material.
b. The Internet receives more freedom from regulation than either radio or
television.
c. The Court has struck down several attempts by Congress to regulate the Internet.
d. While there have been a number of bills concerning Internet regulation, as of
2004 no federal laws have been passed
d) while there have been a number of bills concerning Internet regulation, as of 2004 no federal laws have been passed.
In criminal cases, the burden of proof lies with the
a. government prosecutor.
b. accused.
c. victim.
d. judge
a) government prosecutor
The \_\_\_ rule forbids the introduction in trial of any piece of evidence obtained illegally A) warrant B) exclusionary C) Miranda D)ex post facto
B) exclusionary
What is a grand jury?
a. the name for the juries used in the federal courts
b. a jury that determines whether there is enough evidence to justify a trial
c. the jury that determines the sentence after guilt has been proven
d. a jury that determines whether the rights of the accused have been violated
b. a jury that determines whether there is enough evidence to justify a trial
The controversy over suspicionless drug tests at school and in the workplace pits the government’s war
on drugs against the right
a. against self-incrimination.
b. against profiling.
c. to take drugs.
d. to privacy from unwarranted searches
d) to privacy from unwarranted searches
The right against ___ prevents persons from being tried twice for the same crime
A)self-incrimination
B) double jeopardy
C) exclusion
D) unreasonable seizures
b) double jeopardy
The requirement that persons under arrest be informed of their right to remain silent is know as the ___ rule
A) Mapp
B) Gideon
C) Miranda
D) Palko
c) miranda
The term eminent domain describes
a. the power of the government to take private property for public use.
b. the right of individuals not to have their property taken by the government.
c. the power of the Supreme Court to declare the meaning and scope of all civil
liberties.
d. the power of the federal government to seize land owned and managed by states,
in the public interest
a) the power of the government to take private property for public use
The case of Gideon v. Wainwright established the right
a. to counsel in felony cases.
b. against self-incrimination.
c. to be warned of your rights at the time of arrest.
d. against suspicionless searches and seizures
a) to counsel in felony cases
The current prohibition on states to criminalize abortion is based on
a. the right to the due process of law.
b. equal protection against sexual discrimination.
c. the right to privacy.
d. the right against cruel and unusual punishment.
c) the right to privacy
Since 1973, the right to an abortion has been
a. upheld and expanded.
b. upheld but narrowed in scope.
c. overturned.
d. The Supreme Court has not heard another case involving abortion since 1973
b) upheld but narrowed ins cope
The substantive constraints found in the Bill of Rights
a. put limits on what government shall and shall not have the power to do.
b. define how the government is supposed to act.
c. define when the government is supposed to act.
d. discuss why the government is or is not supposed to do something.
a) puts limits on what government shall and shall not have the power to do
The procedural restraints found in the Bill of Rights
A) put limits on what govt shall and hall not have the power to do
B) define how the government is supposed to act
C) define why the got is supposed to act
D) discuss why the govt is or is not supposed to do something
b) define how the government is supposed to act
The constitutional basis for the nationalization of the Bill of Rights is
a. the First Amendment.
b. the Fourteenth Amendment.
c. Plessy v. Ferguson.
d. Roe v. Wade
b) the fourteenth Amendment
A woman’s constitutional right to an abortion was established in
A) Gideon
B)Griswold
C) Miranda v Arizona
D) Roe v. Wade (1973)
D) Roe v. Wade (1973)
