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51 Cards in this Set

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