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___ are legal and constitutional rights that protect citizens from government actions.
a. Writs of Habeas Corpus
b. Bills of attainder
c. Ex post facto laws
d. Civil liberties
___ determine(s) how the Bill of Rights should be interpreted.
a. State constitutions
b. The Supreme Court
c. State legislatures
The Supreme Court
___ requires that any governmental decision to take life, liberty or property be made equitably.
a. Procedural due process
b. A writ of habeas corpus
c. A bill of attainder
d. The exclusionary rule
Procedural due process
The incorporation of liberties refers to the
a. identification of all First Amendment rights plus the rights to interstate travel, privacy and voting as fundamental rights.
b. Supreme Court's interpretation of the due process clause to mean that states cannot abridge a civil liberty that the national government cannot abridge.
c. addition of ten amendments, known as the Bill of Rights, to the Constitution.
d. inclusion of the due process clause in the Constitution set forth in the Fifth and Fourteenth Amendments.
Supreme Court's interpretation of the due process clause to mean that states cannot abridge a civil liberty that the national government cannot abridge.
What is accomplished through the establishment clause of the First Amendment?
a. It prohibits Congress from passing laws "respecting an establishment of religion."
b. It prohibits government from supporting religion in general.
c. It protects the free exercise of religion.
d. It guarantees that religion will not be a part of public life.
It prohibits Congress from passing laws "respecting an establishment of religion."
Which of the following activities is most likely to be protected under the First Amendment?
a. a public school board requiring that biology text books include the concept of "intelligent design"
b. a state law requiring that the Ten Commandments be posted in all public schools
c. a public high school student group meeting for prayer time in the cafeteria before school
d. a state law prohibiting the teaching of evolution in public schools
a public high school student group meeting for prayer time in the cafeteria before school
State tax dollars used to ___ would most likely NOT pass the Lemon test.
a. pay teacher salaries at a parochial prep school
b. purchase projectors and other equipment for a Christian high school
c. provide buses to transport students to a Catholic grade school
d. fund special educational services for disadvantaged students
pay teacher salaries at a parochial prep school
Which of the following protections is provided through the free exercise clause of the First Amendment?
a. The government is prohibited from selecting an official religion.
b. The right to practice one's beliefs is unlimited.
c. Religious groups cannot be forced by law to support activities they morally oppose.
d. The right to hold any belief is absolute.
The right to hold any belief is absolute.
The free exercise of religion was bolstered in the workplace by ___, which requires employers to accommodate their employees' religious practices unless such accommodation causes an employer to suffer an "undue hardship."
a. the writ of habeas corpus
b. the Supreme Court's Lemon test
c. the First Amendment's establishment clause
d. Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964
The Alien and Sedition Acts of 1798 made it a crime to
a. speak in a way that incited imminent lawless action and group anarchy.
b. restrict speech unless there was the possibility it might lead to immoral and illegal acts.
c. interfere with the operations of the military forces, the war effort, or the process of recruitment.
d. utter any false, scandalous, and malicious criticism of the government.
utter any false, scandalous, and malicious criticism of the government.
Libel is legally defined as
a. the public utterance of a statement that holds a person up for contempt, ridicule, or hatred.
b. indecency or offensiveness in speech, expression, behavior, or appearance.
c. a published report of a falsehood that tends to injure a person's reputation or character.
d. speech that urges resistance to lawful authority.
a published report of a falsehood that tends to injure a person's reputation or character.
Which of the following was NOT a criteria used by the Supreme Court in California v. Miller to determine if a work was legally obscene?
a. The work must be deemed more offensive than anything currently in popular circulation.
b. The work must lack serious literary, artistic, political, or scientific value.
c. The work must excite "unwholesome sexual desire" under present-day community standards.
d. The work must offensively depict prohibited sexual conduct.
The work must be deemed more offensive than anything currently in popular circulation.
Under the imminent lawless action test, speech can be forbidden only when it
a. is characterized as libel or slander.
b. is directed to incite imminent lawless action.
c. contains false, scandalous, and malicious criticism of the government.
d. restricts ones right to practice religion freely.
is directed to incite imminent lawless action.
Which of the following statements about freedom of expression under the First Amendment is TRUE?
a. Symbolic speech is protected under the First Amendment.
b. All forms of expression are protected under the First Amendment.
c. The First Amendment does not protect commercial speech.
d. Supreme Court rulings generally support prior restraint, i.e., the government can curb ideas before they are expressed.
Symbolic speech is protected under the First Amendment.
The preferred-position doctrine states that
a. laws limiting essential freedoms are presumed unconstitutional unless proven to e absolutely necessary.
b. commercial speech does not rise to the level of personal expression and, thus, receives no constitutional protection.
c. a person's right to express an opinion can supersede libel or slander law.
d. a public school's right to maintain order is subordinate to a student's right to free speech.
laws limiting essential freedoms are presumed unconstitutional unless proven to be absolutely necessary.
In 1928, Supreme Court justice Louis Brandeis stated that the right to ___ is "the most comprehensive of rights and the right most valued by civilized men."
a. religious expression
b. free speech
d. legal counsel
In Roe v. Wade (1973), the Supreme Court held that
a. the state could not impose certain regulations to safeguard the health of the mother after the first three months of pregnancy.
b. the "right of a woman to terminate her pregnancy is absolute."
c. a Nebraska statute banning "partial-birth" abortions was invalid.
d. the "right of privacy...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
the "right of privacy...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
With respect to the "right to die," the Supreme Court held in 1997 that
a. Washington and Montana could ban the practice of assisted suicide.
b. it is not a liberty protected by the Constitution.
c. a Utah law permitting assisted suicide was unconstitutional.
d. states do not have the right to ban the practice of assisted suicide.
it is not a liberty protected by the Constitution.
The ___ Act gave the government broad latitude to investigate people who are only vaguely associated with terrorists.
a. USA Patriot
c. Freedom of Information
d. Communications Decency
In the wake of 9/11, the Federal Bureau of Investigation was authorized to use "National Security Letters" to
a. authorize the use of "enhanced" interrogation methods.
b. demand personal information about individuals from private companies, such as banks and phone companies.
c. monitor certain domestic phone calls without first obtaining a warrant.
d. encourage "citizen volunteers" to report suspicious activity to the government.
demand personal information about individuals from private companies, such as banks and phone companies.
___ is the basis for issuing a warrant for a search or an arrest.
a. Probable cause
b. A writ of habeas corpus
c. A bill of attainder
d. An ex post facto law
Any evidence obtained in violation of the constitutional rights spelled out in the Fourth Amendment normally is not admissible in trial. This is known as
a. due process.
c. double jeopardy.
d. the exclusionary rule.
the exclusionary rule
The requirement that "prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used against him, and that he has a right to the presence of an attorney, either retained or appointed," is known as
a. the Miranda warnings.
b. the exclusionary rule.
c. double jeopardy.
d. substantive due process
the Miranda warnings
The Fifth Amendment provides that
a. no person can be required to testify against himself or herself.
b. excessive bail and fines are prohibited.
c. the accused has the right to a speedy trial.
d. no warrant for a search or an arrest may be issued without probable cause.
no person can be required to testify against himself or herself.
In an attempt to balance the rights of the accused with the rights of society, the Supreme Court has held that
a. any suggestion by a suspect that she might wish to contact an attorney should stop police questioning.
b. confessions must be excluded if the police fail to inform a suspect that his attorney tried to reach him by telephone.
c. suspects must explicitly invoke the right to remain silent if they wish to avail themselves of that right.
d. a suspect's conviction will be automatically overturned if he was coerced into making a confession.
suspects must explicitly invoke the right to remain silent if they wish to avail themselves of that right.