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51 Cards in this Set
- Front
- Back
The Framers saw no need for a bill of rights because
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they assumed that the federal government could not do things that it was not explicitlyauthorized to do
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The authors suggest that the Founding Fathers would have probably never imagined that the Billof Rights would
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affect what state governments do
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The leading entrepreneur of the Red scare around the time of World War I was
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A. Mitchell Palmer
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Which of the following statements is
incorrect ? |
None of the above.
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Which amendment prohibited the depravation of life, liberty and property without due process of law?
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Fourteenth
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In the first case where the Supreme Court began applying certain rights to state governments, thedecision involved
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the taking of private property
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In applying (or incorporating) specific rights to the states, the Court has considered whether suchrights are
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fundamental
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Which of the following sections of the Bill of Rights has been applied in its entirety to the states?
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First Amendment
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Blackstone argued that the press should be free
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from censorship prior to publication
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The debate between the Federalists and the Jeffersonians over the Sedition Act was largely adebate over
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states rights
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The Jeffersonian Republicans believed that the press
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could be punished by the states for slander and defamation.
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In 1919, the Supreme Court upheld the conviction of Charles T. Schenck, who mailed circularsurging men to resist the draft, on the basis of the _________ test.
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clear and present danger
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The effect of the clear and present danger rule seems to have been t
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clarify the law but not keep anyone from prison.
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The First Amendment was not made applicable to the states via the Fourteenth Amendment untilthe
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1920s.
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The Supreme Courts rulings regarding communists who advocated the overthrow of thegovernment were eventually effected by
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diminished popular concern about communism &
change in the Courts membership. |
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The 1969 conviction of KKK leader Clarence Brandenburg was overturned by the Court becausethe danger or illegal action that he called for was no
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imminent.
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The display of an odious symbol, such as a swastika or a burning cross, has been deemed by theSupreme Court to be
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protected by the Constitution.
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Libel
is defined as |
a written statement defaming another person
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A successful libel suit is more likely to be filed by
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a school teacher.
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Justice Hugo Black and a few others took the position that obscenity is
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protected by the First Amendment
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The definition of what is obscene and therefore not a form of protected speech
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is left almost entirely up to localities
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Under the current law, the Supreme Court would allow a city to
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adopt a zoning ordinance restricting where adult movie theaters can be located
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One controversial rule of the Court is that free expression is not absolute, but occupies a higher position than many other constitutional rights. This is known as the _________ positionapproach to speech
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preferred
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The Supreme Court struck down a 1996 law that addressed the issue of child pornography becauseit attempted to ban images that were
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computer simulated
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The Supreme Court has ruled that one of the following sorts of symbolic speech is protected bythe Constitution
. Which one? |
Burning the flag
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Which of the following statements regarding government limitations on commercial andnoncommercial speech is correct?
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Commercial speech can be limited more
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Under the McCain Feingold campaign finance reform law, organizations cannot pay for radio or television spots that refer to candidates for federal office
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within sixty days before the election
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In general, high school students have the same rights as adults. An exception is when
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their exercise of these rights impedes the educational process.
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The First Amendment states that Congress may not make any law prohibiting the free exercise of religion. It also specifically states that
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Congress may not make any law respecting an establishment of religion
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Conscientious objectors may be excused from participation in war even if they do not believe in aSupreme Being so long as there is evidence that
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they are guided by a deeply held moral or ethical code
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A state cannot require you to send your children to public schools beyond the ____ grade.
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eighth
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The phrase wall of separation between church and state comes from
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the pen of Thomas Jefferson
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Interestingly, the wording of the Establishment clause that was originally debated by Congresswas __________ than what finally emerged.
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quite different and much plainer
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The Court has applied the wall of separation metaphor to strike down
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nonsectarian prayers in public schools.& voluntary prayers in public schools.& invocations given by rabbis or ministers at public school graduation ceremonies.&. students, elected by other students, to lead voluntary prayer at public school graduationceremonies
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The Supreme Courts controversial three-part test for Establishment clause cases focusesspecifically on
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whether there is a secular purpose for an action.&. the effect of an act advances or inhibits religion.&. whether an action fosters excessive governmental entanglement with religion
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Instead of using the exclusionary rule, our courts might do as European courts do and
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levy civil or criminal penalties against law enforcement officers who obtain evidenceillegally
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The exclusionary rule was not officially applied to the states until the
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1960s
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Some police departments have tried to get around the need for
Miranda warnings by training their officer to |
question suspects, obtain confessions, read the warnings, then repeat the same questions
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All of the following are true of the USA Patriot Act (passed in the aftermath of the attack of 9/11)
except |
the government can seize voice mail without a court order
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Which statement accurately describes the legal status of complaints concerning the detainment of unlawful combatants in Guantanamo Bay
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American courts can consider legal challenges regarding the detentions
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One potentially controversial aspect of a 2005 law regarding Homeland Security might besomething like
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a national ID card
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When Congress, in 1883, passed a law that outlawed racial discrimination in publicaccommodations such as hotels,
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the Supreme Court declared the law unconstitutional.
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The Supreme Courts decision in Plessy v Ferguson
(whatever its wider implications) directly concerned |
segregation on railroad cars.
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The National Association for the Advancement of Colored People (NAACP) was founded
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. in 1909, in the aftermath of a race riot.
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Which of the following statements about Brown v . Board of Education is true ?
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It was the logical extension of a long line of related cases.
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In one dramatic test case leading up to Brown , the Court considered the case of Ada Sipuel whowas
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separated from other law students by being roped off in a section of the state capitol.
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The federal district court that first considered the case of Linda Brown in Topeka, Kansasconcluded
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the separate but equal doctrine was unconstitutional.
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Brown called for the desegregation of public school
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. with all deliberate speed.
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In 1954, the Supreme Court ruled that segregation in public schools was inherently unequal onthe basis of
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. apparent psychological harm done to black children in separate schools.
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According to the text, the authors of the Fourteenth Amendment
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. may not have intended to outlaw segregated schools.
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Segregation maintained by law is labeled
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de jure
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