Question 1

________ is a court order demanding that an individual in custody be brought into court and shown the cause for detention.

Accepted Answer

A)   An advisory opinion
B)   A bill of attainder
C)   Ex post facto
D)   Habeas corpus
E)   A writ of mandamusF) C) and D)
G) A) and C)

Question 2

The decision in R.A.V. v. City of St. Paul (1992)  suggests that

Accepted Answer

A)   high school students have the same freedom of speech rights as adults.
B)   political speech receives more protection under the Constitution than commercial speech.
C)   commercial speech receives more protection under the Constitution than political speech.
D)   virtually all hate speech is not protected by the Constitution.
E)   virtually all hate speech is constitutionally protected.F) B) and E)
G) A) and D)

Question 3

In West Virginia State Board of Education v. Barnette (1943) , the Supreme Court justices announced that

Accepted Answer

A)   Amish children are not required to attend school past the age of twelve.
B)   children cannot be required to salute the flag if it violates their religious faith.
C)   children can be required to salute the flag even if it violates their religious faith.
D)   school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
E)   prayer in school violates the establishment clause.F) D) and E)
G) A) and E)

Question 4

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

Accepted Answer

A)   Commercial speech receives no First Amendment protection.
B)   Advertisements receive limited First Amendment protection.
C)   Advertisements receive as much First Amendment protection as anything else written in the newspaper.
D)   Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
E)   The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection.F) A) and C)
G) C) and E)

Question 5

The constitutional basis for the nationalization of the Bill of Rights is the ________.

Accepted Answer

A)   First Amendment (1791) 
B)   Fourth Amendment (1791) 
C)   Fifth Amendment (1791) 
D)   Tenth Amendment (1791) 
E)   Fourteenth Amendment (1868) F) A) and E)
G) A) and B)

Question 6

________ prevents people from being tried twice for the same crime.

Accepted Answer

A)   Self-incrimination
B)   Double jeopardy
C)   Exclusion
D)   Unreasonable seizures
E)   Cruel and unusual punishmentF) A) and D)
G) A) and E) B

Question 7

Freedom of speech and of the press have a special place in American democracy because

Accepted Answer

A)   free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B)   they are the only liberties explicitly mentioned in the Bill of Rights.
C)   they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
D)   they have never been restricted by any law in the history of the United States.
E)   they were the only liberties explicitly mentioned in Article I of the Constitution.F) C) and D)
G) A) and E) A

Question 8

Which of the following types of speech receives the greatest level of First Amendment protection?

Accepted Answer

A)   slander
B)   pornography
C)   obscenity
D)   libel
E)   political speech that stops short of inciting violenceF) A) and B)
G) None of the above

Question 9

The words under God were added to the Pledge of Allegiance

Accepted Answer

A)   in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B)   during the Civil War, to tie the Union's war effort to religion.
C)   in 1823, during a religious revival called the Second Great Awakening.
D)   as a result of campaign promises made by the Republican Party during the election of 1980.
E)   immediately following the ratification of the Constitution in 1788.F) All of the above
G) B) and C)

Question 10

Describe some of the rights of the accused that are found in the Bill of Rights. What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

Accepted Answer

Some of the rights of the accused that a...

Question 11

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

Accepted Answer

A)   protections for those accused of committing crimes.
B)   the right to privacy and travel.
C)   the demands that citizens be treated equally.
D)   the limits of Congress regarding economic regulation.
E)   the process of amending the Constitution.F) B) and C)
G) A) and E)

Question 12

The Supreme Court justices do not give full protection to fighting words because

Accepted Answer

A)   insults hurt people's feelings.
B)   such words are not part of the essential exposition of ideas.
C)   they are a form of sedition.
D)   they are a form of obscenity.
E)   they are necessarily slanderous.F) None of the above
G) A) and D)

Question 13

The judicial doctrine that places a heavy burden of proof on government officials when they seek to regulate or restrict speech is called ________.

Accepted Answer

A)   libel
B)   prior restraint
C)   strict scrutiny
D)   speech plus
E)   due processF) B) and C)
G) A) and E)

Question 14

________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that would ultimately become known as the Bill of Rights.

Accepted Answer

A)   Alexander Hamilton
B)   James Madison
C)   Patrick Henry
D)   Benjamin Cardozo
E)   Henry ClayF) A) and D)
G) A) and C)

Question 15

What was the main reason that Alexander Hamilton did NOT want a bill of rights?

Accepted Answer

A)   He wanted the national government to have as much power as possible.
B)   He believed that too many individual liberties destroyed the trust between citizen and government.
C)   He believed it was unnecessary for a national government that possessed only specifically delegated powers.
D)   He believed a bill of rights would make the Constitution too specific and cumbersome.
E)   He believed a bill of rights would lead to many frivolous lawsuits.F) A) and B)
G) B) and E)

Question 16

The Supreme Court's decision in Citizens United v. Federal Election Commission (2010)  was significant because it concluded that the

Accepted Answer

A)   Constitution prohibits the government from limiting campaign spending in any way.
B)   Constitution allows the government to prevent certain candidates from running campaign ads.
C)   Constitution allows the government to ban political speech funded by corporations.
D)   Constitution prohibits the government from regulating political speech funded by corporations.
E)   "millionaire's amendment" to the Bipartisan Campaign Reform Act was consistent with the Constitution.F) B) and E)
G) A) and B)

Question 17

The due process clause of the Fifth Amendment is best described as a(n)  ________.

Accepted Answer

A)   substantive civil liberty
B)   procedural civil liberty
C)   civil right
D)   delegated power
E)   instrumental powerF) A) and B)
G) B) and C)

Question 18

What is a grand jury?

Accepted Answer

A)   a jury used in federal courts
B)   a jury that determines whether there is enough evidence to justify a trial
C)   a jury that determines the sentence after guilt has been proven
D)   a jury that determines whether the rights of the accused have been violated
E)   a jury that determines guilt or innocence in a trialF) A) and B)
G) A) and D)

Question 19

________ occurs when government officials block the publication of material they do not want released.

Accepted Answer

A)   Sedition
B)   Speech plus
C)   Prior restraint
D)   Clear and present danger
E)   LibelF) C) and D)
G) B) and D)

Question 20

Describe the piecemeal nationalization of the Bill of Rights. What issue is at stake with
the nationalization of the Bill of Rights? What was the Supreme Court justices' earliest interpretation of the scope of the Bill of Rights? How did the Fourteenth Amendment challenge this interpretation? Describe the process, under the Palko test, of selective incorporation.

Accepted Answer

The piecemeal nationalization of the Bill of Rights refers to the gradual process by which the protections and rights outlined in the Bill of Rights were applied to the states through the Fourteenth Amendment. This process began with the Supreme Court's interpretation of the Fourteenth Amendment's Due Process Clause, which prohibits states from depriving individuals of life, liberty, or property without due process of law.

The issue at stake with the nationalization of the Bill of Rights is the protection of individual rights and liberties from infringement by state governments. Prior to the nationalization of the Bill of Rights, the protections outlined in the Bill of Rights only applied to the federal government, leaving individuals vulnerable to state government infringement of their rights.

The Supreme Court justices' earliest interpretation of the scope of the Bill of Rights was that it only applied to the federal government and did not restrict the actions of state governments. This interpretation limited the protections afforded to individuals under the Bill of Rights.

The Fourteenth Amendment challenged this interpretation by providing a basis for applying the protections of the Bill of Rights to the states. The Due Process Clause of the Fourteenth Amendment was interpreted to incorporate certain fundamental rights and liberties from the Bill of Rights and apply them to the states.

The process of selective incorporation under the Palko test involves the gradual application of specific rights from the Bill of Rights to the states. The Supreme Court used the Palko test to determine which rights were fundamental to the American scheme of justice and therefore incorporated through the Fourteenth Amendment. This process allowed for the gradual expansion of protections for individuals against state government infringement of their rights.

Exam 4: Civil Liberties

________ is a court order demanding that an individual in custody be brought into court and shown the cause for detention.

Correct Answer
verified

The decision in R.A.V. v. City of St. Paul (1992) suggests that

Correct Answer
verified

In West Virginia State Board of Education v. Barnette (1943) , the Supreme Court justices announced that

Correct Answer
verified

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

Correct Answer
verified

The constitutional basis for the nationalization of the Bill of Rights is the ________.

Correct Answer
verified

________ prevents people from being tried twice for the same crime.

Correct Answer
verified
B

Freedom of speech and of the press have a special place in American democracy because

Correct Answer
verified
A

Which of the following types of speech receives the greatest level of First Amendment protection?

Correct Answer
verified

The words under God were added to the Pledge of Allegiance

Correct Answer
verified

Describe some of the rights of the accused that are found in the Bill of Rights. What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

Correct Answer
Answered by ExamLex AI
Some of the rights of the accused that a...
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The Fourth, Fifth, Sixth, and Eighth amendments are largely about

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The Supreme Court justices do not give full protection to fighting words because

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The judicial doctrine that places a heavy burden of proof on government officials when they seek to regulate or restrict speech is called ________.

Correct Answer
verified

________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that would ultimately become known as the Bill of Rights.

Correct Answer
verified

What was the main reason that Alexander Hamilton did NOT want a bill of rights?

Correct Answer
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The Supreme Court's decision in Citizens United v. Federal Election Commission (2010) was significant because it concluded that the

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The due process clause of the Fifth Amendment is best described as a(n) ________.

Correct Answer
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What is a grand jury?

Correct Answer
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________ occurs when government officials block the publication of material they do not want released.

Correct Answer
verified

Exam 4: Civil Liberties

________ is a court order demanding that an individual in custody be brought into court and shown the cause for detention.

Correct AnswerverifiedShow Answer

The decision in R.A.V. v. City of St. Paul (1992) suggests that

Correct AnswerverifiedShow Answer

In West Virginia State Board of Education v. Barnette (1943) , the Supreme Court justices announced that

Correct AnswerverifiedShow Answer

Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

Correct AnswerverifiedShow Answer

The constitutional basis for the nationalization of the Bill of Rights is the ________.

Correct AnswerverifiedShow Answer

________ prevents people from being tried twice for the same crime.

Correct AnswerverifiedB

Freedom of speech and of the press have a special place in American democracy because

Correct AnswerverifiedA

Which of the following types of speech receives the greatest level of First Amendment protection?

Correct AnswerverifiedShow Answer

The words under God were added to the Pledge of Allegiance

Correct AnswerverifiedShow Answer

Describe some of the rights of the accused that are found in the Bill of Rights. What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

Correct AnswerAnswered by ExamLex AISome of the rights of the accused that a...View AnswerShow Answer

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

Correct AnswerverifiedShow Answer

The Supreme Court justices do not give full protection to fighting words because

Correct AnswerverifiedShow Answer

The judicial doctrine that places a heavy burden of proof on government officials when they seek to regulate or restrict speech is called ________.

Correct AnswerverifiedShow Answer

________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that would ultimately become known as the Bill of Rights.

Correct AnswerverifiedShow Answer

What was the main reason that Alexander Hamilton did NOT want a bill of rights?

Correct AnswerverifiedShow Answer

The Supreme Court's decision in Citizens United v. Federal Election Commission (2010) was significant because it concluded that the

Correct AnswerverifiedShow Answer

The due process clause of the Fifth Amendment is best described as a(n) ________.

Correct AnswerverifiedShow Answer

What is a grand jury?

Correct AnswerverifiedShow Answer

________ occurs when government officials block the publication of material they do not want released.

Correct AnswerverifiedShow Answer

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Some of the rights of the accused that a...
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