Ch 4 Civil Liberties TRUE/FALSE. Write 'T' If the Statement Is True and 'F' If the Statement
Ch 4 and 5 T F…
Ch 4 Civil Liberties TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
1) Commercial speech is regulated more rigidly than other types of speech. Page Ref: 117
2) Before making an arrest, police need what the Constitution calls probable cause to believe that someone is guilty of a crime. P 121
3) The Supreme Court has never permitted religious freedom to be an excuse for any and all behaviors. Page Ref: 104
4) The Twenty-sixth Amendment, ratified in 1971, has been used by the Supreme Court to incorporate most of the Bill of Rights into state laws. Page Ref: 99
5) Private individuals have a lower standard to meet for winning lawsuits for libel than public figures. Page Ref: 116
6) In the decades since the Miranda decision, the Supreme Court has made no exceptions to its requirements. Page Ref: 124
7) No nationwide consensus exists that offensive, pornographic material should be banned. Page Ref: 112
8) The Supreme Court of the United States is the final interpreter of the scope of the civil liberties of Americans. Page Ref: 98
9) The Fifth Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be a witness against himself."
P 124
10) The Rehnquist Court has diligently honored the exclusionary rule, but made exceptions to the Miranda ruling. Page Ref: 123
11) It is unconstitutional to pray in school. Page Ref: 102
12) Nowhere does the Bill of Rights explicitly state that Americans have a right to privacy. Page Ref: 129
13) Slander refers to making spoken statements known to be false that are malicious and tend to damage a person's reputation, and the courts have ruled that such spoken defamations are not protected by freedom of speech. Page Ref: 113
14) The right to privacy is specifically guaranteed in the Bill of Rights. Page Ref: 129
15) In 2000, the Court held that student-led prayer at football games was unconstitutional. Page Ref: 102
16) In the case of Roe v. Wade (1973), the Supreme Court outlawed any state laws to restrict a woman's right to an abortion at any point in her pregnancy. Page Ref: 131
17) Commercial speech, such as advertising, is restricted far more extensively than expressions of opinion on religious, political, or other matters. Page Ref: 117
18) The Bill of Rights allows a group to hold a spontaneous demonstration anytime, anywhere, and anyway it chooses. Page Ref: 119
19) The Supreme Court has ruled that the death penalty violates the equal protection of the law guaranteed by the Fourteenth Amendment. Page Ref: 128
20) In Zelman v. Simmons-Harris, the Supreme Court allowed state vouchers to be used to pay tuition at religious schools. Page Ref: 102
21) In Dennis v. United States (1951), the Supreme Court overturned prison sentences of several United States Communist party leaders, and criticized the case against them as purely political and a violation of free speech. Page Ref: 107
22) The courts often issue injunctions prohibiting the publication of material, especially in the area of national security. Page Ref: 106
SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.
23) How has the Supreme Court dealt with the issue of libel? Page Ref: 115-116
24) How has the Supreme Court dealt with the issue of capital punishment? Page Ref: 127-128
25) ______refers to a government's censorship action that, in advance, prevents material from being published. Page Ref: 106
26) The first ten amendments to the Constitution comprise the ______. Page Ref: 98
27) How does the scope of the American government affect the protection of civil liberties? Page Ref: 133-134
28) Describe how the Supreme Court has evaluated freedom of speech with respect to obscenity on the Internet. Page Ref: 115
29) Explain the significance of Gitlow v. New York to the Fourteenth Amendment. Page Ref: 100
30) An utterance not protected by the First Amendment is ______, the publication of statements known to be false that are malicious and tend to damage a person's reputation. Page Ref: 115
31) Supreme Court decisions extending the Bill of Rights to cover the actions of the states have been based on the ______Amendment. Page Ref: 100
32) Wearing an arm band and burning a flag are examples of ______: actions that do not consist of speaking or writing, but that express an opinion. Page Ref: 117
33) In a longstanding policy criticized by many, the courts have used a(n) ______to prevent illegally seized evidence from being introduced in the courtroom. Page Ref: 122
34) In what way does the Constitution guarantee a right to privacy? Page Ref: 129-130
35) What is the significance of the Supreme Court case of Gideon v. Wainwright? Page Ref: 126
36) What is the principle of clear and present danger? Page Ref: 107
37) Before making an arrest, police need what the courts call ______to believe that someone is guilty of a crime. Page Ref: 121
38) In the famous case of Schenck v. United States, Justice Holmes wrote in his ruling that government can limit free speech only if such speech provokes a(n) ______of substantive evils. Page Ref: 107
39) The Supreme Court's decision in the 1973 case of ______gave women the right to an abortion during the first trimester of pregnancy, thus overturning the abortion restrictions of most states.Page Ref: 131
40) What is meant by symbolic speech? Page Ref: 117
41) What is the exclusionary rule and how has it been used by the Supreme Court? Page Ref: 122
42) Define prior restraint. How has the Supreme Court dealt with this issue? Page Ref: 106
43) The First Amendment's ______clause prohibits the government from organizing or recognizing an official national church. Page Ref: 100
ESSAY. Write your answer in the space provided or on a separate sheet of paper.
44) Explain the two facets of the freedom of assembly. What restrictions have been put on the right to assemble? Page Ref: 119-120
45) Explain how the Bill of Rights was extended to the states. Cite key Supreme Court cases to illustrate your answer. Page Ref: 98-100
46) Why have flag burning and wearing a black armband been protected by the Court? Do you think this is appropriate or not? Explain. Page Ref: 117
47) Present the argument that the extension of defendants' rights have hurt the police and benefited criminals. What specific court decisions have extended defendants' rights and how? Page Ref: 120-128
48) Describe the historical development of Supreme Court decisions regarding free press/fair trial, and obscenity, citing specific court cases. What are the main features of the Court's current posture in this area? Page Ref: 106-115
49) Describe the Supreme Court's decisions regarding freedom of expression. How have the Court's decisions protected or extended democracy? Limited democracy? Page Ref: 105-111
50) Describe the significance of the Supreme Court's Roe v. Wade ruling? Did the Court overstep its authority, or did it properly extend the right of privacy in this case? How have later Court decisions changed Roe? Explain. Page Ref: 129-132
51) One of the greatest debates concerning Americans' civil liberties lies in the area of privacy rights. How does the right to privacy relate to the issue of abortion? Explain how the courts have dealt with this issue. Page Ref: 129-132
52) What is the establishment clause and the free exercise clause? What controversies have arisen in the United States over the issue of freedom of religion, and how have they been resolved? Page Ref: 100-105
53) Should freedom of assembly include the right of groups like the American Nazi party, the Ku Klux Klan, the Communist Brigade, and similar groups to march and hold rallies? Explain your answer and why others might argue otherwise. Page Ref: 119-120
54) Explain why the text concludes that an expansion of individual freedom may require an expansion of the scope of government.
Page Ref: 133-13455) Describe the specific provisions of the Bill of Rights in regard to those brought before the criminal justice system. Why do you think the Bill of Rights is so explicit in these matters, and do you approve these safeguards? Explain. Page Ref: 120-128
56) Describe the significance of the Supreme Court rulings in Miranda v. Arizona and Gideon v. Wainwright. Do you think the Court was properly enforcing provisions of the Bill of Rights in these cases or overreaching? Explain. Page Ref: 124-127
57) How have issues like prayer and Bible reading in public schools been settled by the Supreme Court, and why? How high would you construct the "wall of separation" between church and state, and why? Page Ref: 100-105
58) Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity, libel, symbolic speech, commercial speech, and speech over the public airways.Page Ref: 105-118
59) How would you characterize the first ten amendments to the Constitution. Why, taken together, are these so significant? Do you consider them too narrow, too broad, or about right? Explain. Page Ref: 98-100
60) The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press..." Under what circumstances has the Supreme Court decided that it is constitutional to abridge freedom of speech and press? Give examples of specific cases to illustrate your answer. Page Ref: 105-118
61) What is the Supreme Court's current stance on the death penalty? Do you agree with it? Do you think that the death penalty violates the Eighth Amendment? Explain. For what crimes, if any, is the death penalty justified? Page Ref: 127-128
62) How have civil liberties affected democratic government in the United States? What are the basic conflicts between civil liberties and democracy? Page Ref: 132-134; entire chapter
63) How and why have the provisions of the Bill of Rights been incorporated into state laws? Do you think this is an infringement on the rights of the states, or appropriate to protect national civil liberties in all cases? Explain. Page Ref: 98-100
64) How has the Court dealt with obscenity cases and the very definition of obscenity? Should obscenity be protected as freedom of expression, or should local communities be allowed to set standards of what is and is not obscene? Explain. Page Ref: 113-115
65) Explain how the freedoms of speech and press have been compromised in the name of public order and the right of a fair trial. Page Ref: 105-113
66) Describe the various ways in which the Constitution protects the rights of the accused through the stages of the criminal justice system. Give examples of how these protections have been challenged in the courts. Page Ref: 124-127
Ch 5 Civil Rights
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
67) The Indian Bill of Rights was adopted as Title II of the Civil Rights Act of 1968, applying most of the provisions of the Constitution's Bill of Rights to tribal governments. Page Ref: 152
68) Many of the litigants in cases raising constitutional questions about sexual discrimination have been men seeking equality with women in their treatment under the law. Page Ref: 157
69) Since 1995, the Supreme Court has consistently supported the use of affirmative action in both the public and private sector. Page Ref: 167u
70) Title IX of the Education Act of 1972 forbids racial discrimination in federally subsidized education programs (which include almost all colleges and universities). Page Ref: 158
71) The Equal Rights Amendment to the Constitution, designed to guarantee women equality under the law, failed to be ratified.
Page Ref: 157
72) In Korematsu v. United States, the Supreme Court ruled that the public order requiring Japanese Americans to be removed from the west coast during World War II and placed in internment camps was racist and unconstitutional. Page Ref: 154
73) After winning the right to vote for women, the feminist movement gained momentum in the 1920s. Page Ref: 156
74) Historically, equality in American society has tended to emphasize equal results. Page Ref: 140
75) With the ratification of the Nineteenth Amendment, adult women throughout the United States were allowed to vote in the presidential election of 1920. Page Ref: 155
76) In Plessy v. Ferguson, the Supreme Court provided a constitutional justification for segregation, establishing the separate but equal doctrine. Page Ref: 144
77) AIDS victims are considered handicapped and included under laws protecting the rights of the disabled. Page Ref: 164
78) De jure segregation is that which is done by law. Page Ref: 144
79) The word equality does not appear in the original Constitution. Page Ref: 141
80) Scott v. Sandford was the Supreme Court's landmark decision that declared slavery was unconstitutional in all the United States.
Page Ref: 143
81) The Bill of Rights does not refer to equality. Page Ref: 141
82) In early American society, married women could have no legal identity separate from that of their husbands. Page Ref: 155
83) The Twenty-fourth Amendment outlawed the grandfather clause, which was still being used until the 1960s to deny African Americans their constitutional right to vote.Page Ref: 150
84) There are now about 1000 elected Hispanic officials in the United States. Page Ref: 154
85) Adarand Constructors v. Pena voided federal affirmative action programs in general. Page Ref: 167
86) Women, as well as men, are now required to register for the military draft. Page Ref: 160