Chapter 4 Flashcards
The Supreme Court’s decision in Roe v. Wade was based on the
First Amendment. right to privacy. due process clause of the Fourteenth Amendment. Fifth Amendment.
right to privacy.
____________ limit what the government can do, while ____________ define how the government can act.
Substantive liberties; procedural liberties
Procedural liberties; substantive liberties
Bills of attainder; due processes of law
Substantive liberties; bills of attainder
Substantive liberties; procedural liberties
Miranda rights concern
double jeopardy.
self-incrimination.
eminent domain.
capital punishment.
self-incrimination.
The Bill of Rights originally applied to __________
only the national government.
only the state governments.
both the national and state governments.
only the state and local governments.
only the national government.
Protections of citizens from improper government action is the definition of
civil liberties.
civil rights.
civil liabilities.
civil tort claims.
civil liberties.
The First Amendment’s ____________ protects the right to believe in and practice one’s religion of choice.
free exercise clause
establishment clause
freedom of assembly clause
wall of separation clause
free exercise clause
The Second Amendment concerns
the rights of the criminally accused.
searches and seizures.
the right to bear arms.
the right to counsel.
the right to bear arms.
The Supreme Court case of Mapp v. Ohio established the
clear and present danger doctrine.
Lemon test.
exclusionary rule.
standard by which obscenity is defined.
exclusionary rule.
The use of personal information by websites like Facebook and its advertisers raises questions about
free exercise of religion.
the right to privacy.
due process of law.
eminent domain.
the right to privacy.
The issue of __________ has been considered by the Supreme Court under the right to privacy doctrine established in Griswold v. Connecticut.
gun ownership
school prayer
double jeopardy
abortion
abortion
Government policies after 9/11 have illustrated the tension between
liberty and democracy.
equality and national security.
democracy and equality.
liberty and national security.
liberty and national security.
Citizens of the United States may have a right to bear arms, but the exercise of this right can be regulated by
only state law.
only federal law.
the National Rifle Association.
state and federal law.
state and federal law.
Taking private property for public use is covered under the provision of
eminent domain.
the Second Amendment.
the Sixth Amendment.
Palko v. Connecticut.
eminent domain.
The Supreme Court ruled in ____________ that the right to privacy did not extend to homosexuals.
Gideon v. Wainwright
Mapp v. Ohio
Miranda v. Arizona
Bowers v. Hardwick
Bowers v. Hardwick
The first ten amendments to the U.S. Constitution are known as the
Rights of Man.
Bill of Rights.
Social Contract.
Bill of Attainder.
Bill of Rights.
The Fourth, Fifth, Sixth, and Eighth amendments, taken together, define
due process of law.
free speech.
the right to bear arms.
civil rights of minorities.
due process of law.
Which 1937 Supreme Court case established the principle of selective incorporation?
New York Times v. Sullivan
Miller v. California
Mapp v. Ohio
Palko v. Connecticut
Palko v. Connecticut
The ____________ has been interpreted quite strictly to mean that a virtual wall of separation exists between
church and state.
free exercise clause
freedom of religion clause
establishment clause
necessary and proper clause
establishment clause
A law that declares an action to be illegal after it has been committed is
a habeas corpus law. an ex post facto law. a bill of attainder. a writ of certiorari.
an ex post facto law.
The first civil liberty selectively incorporated into the Fourteenth Amendment as a limitation on state government power was for
property protection.
freedom of speech.
freedom of press.
freedom of assembly.
property protection.
The so-called Lemon test, which came from the court case Lemon v. Kurtzman, concerns the issue of
school desegregation.
aid to religious schools.
prayer in school.
obscenity.
aid to religious schools.
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?
Cantwell v. Connecticut
West Virginia State Board of Education v. Barnette
McCreary County v. American Civil Liberties Union
Van Orden v. Perry
Cantwell v. Connecticut
Which of the following places restraints on how the government is supposed to act?
substantive liberties
procedural liberties
ex post facto liberties
natural liberties
procedural liberties
a court order demanding that an individual in custody be brought into court and shown the cause for detention. (page 115)
habeas corpus
a law that declares a person guilty of a crime without a trial. (page 115)
bill of attainder
laws that declare an action to be illegal after it has been committed. (page 115)
ex post facto laws
the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people. (page 116)
Bill of Rights
areas of personal freedom with which governments are constrained from interfering. (page 116)
civil liberties
the First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses. (page 121)
free exercise clause
test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society. (page 123)
“clear and present danger” test
a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory.” (page 127)
libel
an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory.” (page 127)
slander
speech that directly incites damaging conduct. (page 130)
fighting words
the right of every citizen against arbitrary action by national or state governments. (page 133)
due process of law
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment. (page 134)
exclusionary rule
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence. (page 136)
grand jury
the Fifth Amendment right providing that a person cannot be tried twice for the same crime. (page 138)
double jeopardy
the right of government to take private property for public use. (page 139)
eminent domain
the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions. (page 143)
right to privacy
