American Government Institutions & Policies 14th Edition by James Q. Wilson - Test Bank

American Government Institutions & Policies 14th Edition by James Q. Wilson – Test Bank

 

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CHAPTER 5

Civil Liberties

MULTIPLE CHOICE

1. A person treating the U.S. flag contemptuously is

a.	subject to conviction in federal court.
b.	subject to conviction in state court.
c.	subject to conviction in state and federal court.
d.	protected by Fourth Amendment rights.
e.	protected by the right to exercise free speech.

 

 

ANS:    E                      REF:    96                    NOT:   F                      OBJ:    LO3

 

2. In 2007, the Supreme Court allowed a school principal to punish a student for displaying a flag saying “Bong Hits 4 Jesus” because

a.	the Court held that it was within the student’s freedom of speech to wear the shirt.
b.	the Court held that the language incited unruly behavior.
c.	the Court held that the language harmed a religion.
d.	the Court held that the shirt endorsed drug use.
e.	None of the above is true.

 

ANS:    D                     REF:    96                    NOT:   C                      OBJ:    LO3

 

3. Civil liberties are

a.	the protections the Constitution provides against the abuse of government.
b.	the protecting of certain groups, such as women, gays, and African Americans.
c.	free speech, free press, religious freedoms, and the rights of the accused.
d.	Both A and B are true.
e.	Both A and C are true.

 

ANS:    E                      REF:    96                    NOT:   F                      OBJ:    LO3

 

4. In 1803, this U.S. president wrote a letter to the then governor of Pennsylvania requesting that he prosecute newspaper publishers for speaking out against the government.

a.	George Washington
b.	John Adams
c.	Thomas Jefferson
d.	James Madison
e.	James Monroe

 

ANS:    C                      REF:    96                    NOT:   F                      OBJ:    LO5

 

5. Conflicts in civil liberties often arise because

a.	majoritarian politics is ineffective in resolving crises.
b.	the U.S. Constitution is vague on issues of individual rights.
c.	the Bill of Rights lists several competing rights.
d.	policy entrepreneurs rarely operate in the civil rights area.
e.	the Supreme Court has refused to play a leading role in the interpretation of the First Amendment.

 

 

ANS:    C                      REF:    97                    NOT:   C                      OBJ:    LO1

 

6. The Sedition Act of 1798 was, in part, the result of strained relations between the United States and

a.	Spain.
b.	England.
c.	France.
d.	Italy.
e.	Germany.

 

 

ANS:    C                      REF:    97                    NOT:   F                      OBJ:    LO3

 

7. In passing the Sedition Act of 1798, the Federalist were fearful that Thomas Jefferson and his party would

a.	support the French Revolution.
b.	support better relations with England.
c.	restrict freedoms of speech and the press.
d.	jail French sympathizers.
e.	ban all trade.

 

ANS:    A                     REF:    97                    NOT:   F                      OBJ:    LO3

 

 

8. The Espionage and Sedition Acts (1917–1918) made it a crime to

a.	make false statements that would interfere with the American military.
b.	send through the mail material “advocating treason.”
c.	write any disloyal, profane, scurrilous, or abusive language against the United States.
d.	curtail war production.
e.	All of the above are true.

 

 

ANS:    E                      REF:    97                    NOT:   F                      OBJ:    LO3

 

 

9. Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by

a.	upholding them.
b.	rejecting them.
c.	upholding them at first, limiting them later.
d.	rejecting them at first, reinstating them later.
e.	avoiding rulings on constitutionality and consigning such issues to the lower federal courts.

 

 

ANS:    A                     REF:    98                    NOT:   F                      OBJ:    LO1

 

10. The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues consisted of

a.	Mexican Hispanics.
b.	Hispanics from other Latin American countries.
c.	Irish Catholics.
d.	Southeast Asians.
e.	German Protestants.

 

 

ANS:    C                      REF:    98                    NOT:   F                      OBJ:    LO1

 

11. The immigrant group usually associated with the drive for bilingual education is composed of

a.	Southeast Asians.
b.	Hispanics.
c.	Africans.
d.	Eastern Europeans.
e.	Germans.

 

 

ANS:    B                      REF:    98                    NOT:   F                      OBJ:    LO1

 

12. Senator Joseph McCarthy became a powerful policy entrepreneur by claiming that

a.	the Japanese posed a West Coast security threat.
b.	hippies were undermining Christianity.
c.	communists had infiltrated the government.
d.	homosexuals were transmitting AIDS to heterosexuals.
e.	secular humanists were indoctrinating educators.

 

 

ANS:    C                      REF:    98                    NOT:   F                      OBJ:    LO6

 

13. The Bill of Rights has come to apply to the states through the interpretation of

a.	the Fourteenth Amendment.
b.	the Tenth Amendment.
c.	the commerce clause.
d.	Article III.
e.	the necessary and proper clause.

 

 

ANS:    A                     REF:    99                    NOT:   F                      OBJ:    LO2

 

14. The earliest incorporations of portions of the Bill of Rights relied on

a.	the notion of a reasonable person.
b.	the shock-the-conscience test.
c.	a rational basis standard.
d.	the due process and equal protection clauses.
e.	the notions of ordered liberty and fundamental rights.

 

 

ANS:    D                     REF:    99                    NOT:   F                      OBJ:    LO2

 

15. In this Supreme Court decision, the Court held that the federal guarantees of free speech and free press also applied to the states.

a.	Marbury
b.	Barron
c.	Gitlow
d.	McDonald
e.	Heller

 

ANS:    C                      REF:    100                  NOT:   F                      OBJ:    LO2

 

16. In Palko v. Connecticut (1937) the Supreme Court broadly ruled that certain provisions of the national Constitution’s Bill of Rights apply to the state because of

a.	the notion of a reasonable person.
b.	the shock-the-conscience test.
c.	a rational basis standard.
d.	the due process and equal protection clauses.
e.	the notions of ordered liberty and fundamental rights.

 

 

ANS:    E                      REF:    100                  NOT:   F                      OBJ:    LO2

 

17. Which term best describes the manner in which the Supreme Court has applied the Bill of Rights to the states?

a.	Incorporation
b.	Selective incorporation
c.	Complete incorporation
d.	Consecutive incorporation
e.	Minimal incorporation

 

 

ANS:    B                      REF:    100                  NOT:   A                     OBJ:    LO2

 

18. The First Amendment does not address

a.	freedom of religion.
b.	the right to bear arms.
c.	freedom of the press.
d.	freedom of speech.
e.	freedom of assembly.

 

 

ANS:    B                      REF:    100                  NOT:   F                      OBJ:    LO3

 

19. The Espionage and Sedition Acts that were passed in 1917 and 1918 placed restrictions on publications that

a.	advocated the overthrow of the government by force or violence.
b.	made any defamatory statements about the president or other member of government.
c.	advocated the crossing of state lines or use of interstate commerce to incite a riot.
d.	advocated treason, insurrection, or forced resistance.
e.	made any defamatory statements about military personnel or war strategy.

 

 

ANS:    D                     REF:    100, 101           NOT:   F                      OBJ:    LO3

 

20. The Supreme Court justice who compared unpopular political speech to falsely shouting “Fire!” in a theater was

a.	Louis Brandeis.
b.	Felix Frankfurter.
c.	William Rehnquist.
d.	Warren Burger.
e.	Oliver Wendell Holmes.

 

 

ANS:    E                      REF:    102                  NOT:   F                      OBJ:    LO3

 

21. Writing for the Supreme Court, Justice Oliver Wendell Holmes proclaimed that the Congress could punish dangerous speech when that speech

a.	represented a “clear and present danger” to the United States.
b.	incited citizens to commit a lawless action.
c.	was false.
d.	Options A, B, C, and D are true.
e.	None of the above is true.

 

ANS:    A                     REF:    102                  NOT:   F                      OBJ:    LO3

 

22. Benjamin Gitlow’s case was significant because it resulted in the Supreme Court’s declaring that

a.	all sedition laws were unconstitutional.
b.	freedom of speech and freedom of the press were “fundamental.”
c.	all federal sedition laws were unconstitutional.
d.	antiwar protesters could only distribute leaflets.
e.	protesters could no longer peacefully assemble.

 

 

ANS:    B                      REF:    102                  NOT:   F                      OBJ:    LO3

 

23. When Clarence Brandenburg vacated the street at a Ku Klux Klan cross-burning rally as ordered but threatened to reoccupy it later, the Supreme Court overturned his conviction by arguing that government can only restrict speech when it

a.	presents a clear and present danger.
b.	incites an “imminent” lawless action.
c.	is against the ruling political party.
d.	is against the president.
e.	is against law enforcement officers.

 

 

ANS:    B                      REF:    103                  NOT:   F                      OBJ:    LO3

 

24. When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts

a.	found them a clear and present danger.
b.	upheld their right to parade peacefully.
c.	refused to rule one way or another.
d.	allowed the police full discretion.
e.	allowed their arrests and convictions.

 

 

ANS:    B                      REF:    103                  NOT:   F                      OBJ:    LO3

 

25. Written defamation of character is known as

a.	slander.
b.	obscenity.
c.	incitement.
d.	political falsehood.
e.	libel.

 

 

ANS:    E                      REF:    103                  NOT:   F                      OBJ:    LO3

 

26. Slander differs from libel in that it refers to

a.	oral statements.
b.	written statements.
c.	public officials.
d.	private individuals.
e.	administrative hierarchies.

 

 

ANS:    A                     REF:    103                  NOT:   F                      OBJ:    LO3

 

27. If you, as a private individual, are grievously harmed by the statements of someone who can also prove that the statements are true, you

a.	can sue that person for libel.
b.	can collect damages if you demonstrate malice.
c.	cannot collect damages from that person.
d.	can collect for slander, but not for libel.
e.	can collect for libel, but not for slander.

 

 

ANS:    C                      REF:    103                  NOT:   A                     OBJ:    LO3

 

28. If you, as a public figure, are grievously harmed by the written statements of someone who cannot prove that they are true, you

a.	can sue the person for libel.
b.	can collect damages if you demonstrate malice.
c.	cannot sue the person.
d.	can collect damages for slander, but not for libel.
e.	can collect damages for libel, but not for slander.

 

 

ANS:    B                      REF:    103                  NOT:   A                     OBJ:    LO3

 

29. Justice Potter Stewart’s oft-quoted dictum on hard-core as opposed to soft-core pornography was

a.	“I know it when I see it.”
b.	“Different strokes for different folks.”
c.	“It won’t play in Peoria.”
d.	“One man’s meat is another man’s poison.”
e.	“What could go wrong?”

 

 

ANS:    A                     REF:    104                  NOT:   F                      OBJ:    LO3

 

30. The Supreme Court’s current definition of obscenity denies free-speech protection to materials or activities that

a.	depict sexuality in a way that is degrading to its subjects.
b.	promote violence against women or children.
c.	lack serious literary, artistic, political, or scientific value.
d.	present a clear and present danger to community standards of decency.
e.	do not appeal to the prurient interest.

 

 

ANS:    C                      REF:    104                  NOT:   C                      OBJ:    LO3

 

31. A local statute forbidding adult movie theaters from being located near churches, schools, or parks would probably be

a.	upheld as a limit on free expression.
b.	upheld as a regulation of land use.
c.	overturned as contravening free speech.
d.	overturned as overly vague and broad.
e.	overturned for violating the principle of content neutrality.

 

 

ANS:    B                      REF:    105                  NOT:   F                      OBJ:    LO3

 

32. The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the U.S. Constitution. This is known as the doctrine of

a.	prior restraint.
b.	existential priority.
c.	neutrality and clarity.
d.	least means.
e.	preferred position.

 

 

ANS:    E                      REF:    105                  NOT:   C                      OBJ:    LO3

 

33. Why has the Supreme Court upheld the government’s banning the burning of draft cards but declared unconstitutional a law banning the burning of the American flag?

a.	The burning of draft cards is not political speech.
b.	The Constitution has an amendment that allows for the burning of the American flag.
c.	The Constitution has an amendment that specifically protects draft cards.
d.	The government has a right to run a military draft and so can protect draft cards, even if this restricts speech.
e.	The American flag is a national symbol.

 

ANS:    D                     REF:    106                  NOT:   C                      OBJ:    LO3

 

34. The “clear and present danger” test emerged in the Supreme Court’s decision in the case of

a.	Chaplinsky v. New Hampshire.
b.	Miller v. California.
c.	Texas v. Johnson.
d.	Reno v. ACLU.
e.	Schenck v. United States.

 

 

ANS:    E                      REF:    107                  NOT:   F                      OBJ:    LO3

 

35. The Supreme Court upheld the constitutionality of flag burning in the case of

a.	Chaplinsky v. New Hampshire.
b.	Miller v. California.
c.	Texas v. Johnson.
d.	Reno v. Johnson.
e.	Schenck v. United States.

 

 

ANS:    C                      REF:    107                  NOT:   F                      OBJ:    LO3

 

36. In the __________ case, the Supreme Court ruled that the part of the McCain-Feingold law that denied corporations and labor unions the right to run ads violated their rights to free speech under the Constitution.

a.	McConnell v. Federal Election Commission
b.	Citizens United v. Federal Election Commission
c.	New York Times v. Sullivan
d.	Miller v. California
e.	Reno v. ACLU

 

ANS:    B                      REF:    107                  NOT:   F                      OBJ:    LO3

 

37. The Supreme Court denied the Hazelwood High School student newspaper the right to print certain stories, using the argument that

a.	young people do not have First Amendment protection against libel.
b.	the exercise of free expression by students is in violation of state educational codes.
c.	schools that allow free expression by students can legally be denied federal funding.
d.	incitement is never protected speech, even if it originates in a school newspaper.
e.	the exercise of free expression by students cannot impede the educational mission of the school.

 

 

ANS:    E                      REF:    108                  NOT:   C                      OBJ:    LO3

 

38. The First Amendment states that Congress shall make no law prohibiting the “free exercise” of religion. It may, however,

a.	make laws that impose a special burden on religion.
b.	bind religions to laws that bind all others.
c.	insist that church and state remain separate.
d.	make laws respecting the establishment of a religion.
e.	declare an official religion for ceremonial purposes.

 

 

ANS:    B                      REF:    108                  NOT:   C                      OBJ:    LO5

 

39. Military draft laws exempted “conscientious objectors” from military service. The Supreme Court ruled that conscientious objectives are individuals that

a.	belong to an established Christian religion.
b.	identify with the Judeo-Christian heritage.
c.	participate in some recognized religion.
d.	hold deeply held moral, ethical, or religious beliefs.
e.	delieve in a Protestant faith.

 

 

ANS:    D                     REF:    108                  NOT:   F                      OBJ:    LO5

 

40. When the Supreme Court rules that Amish people cannot be forced to send their children to school, it

a.	neither establishes religion nor protects its free exercise.
b.	establishes religion without violating the First Amendment.
c.	avoids establishing religion at the risk of impeding its free exercise.
d.	both establishes religion and impedes its free exercise.
e.	protects the free exercise of religion but opens itself to criticisms regarding establishment.

 

 

ANS:    E                      REF:    109                  NOT:   C                      OBJ:    LO5

 

41. The historical reference to a “wall of separation” between religion and the state can be found in

a.	the Bill of Rights.
b.	a series of debates in the First Congress.
c.	the writings of Thomas Jefferson.
d.	twentieth-century Supreme Court decisions.
e.	the Federalist papers.

 

 

ANS:    C                      REF:    109                  NOT:   F                      OBJ:    LO5

 

42. In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because

a.	no alternative form of transportation existed.
b.	enrollment at that school was open to all.
c.	the resulting tax burden on the average citizen was negligible.
d.	busing was religiously neutral.
e.	there was no true case and controversy.

 

 

ANS:    D                     REF:    109                  NOT:   F                      OBJ:    LO5

 

43. In an important recent decision, the Supreme Court upheld a voucher program for students attending religious and other private schools in Cleveland, Ohio, because

a.	the schools promised to teach no course involving religion.
b.	the aid was not given to particular schools but to the families who chose the schools.
c.	the schools removed all religious symbols and artifacts.
d.	the aid was given directly to the particular schools.
e.	the teachers were certified by the state.

 

 

ANS:    B                      REF:    110                  NOT:   F                      OBJ:    LO5

 

44. Since 1992, having a member of the clergy offer a prayer or an invocation at a public school graduation ceremony is

a.	unconstitutional.
b.	unconstitutional only if read from the Bible.
c.	constitutional.
d.	constitutional if not read from the Bible.
e.	constitutional if nondenominational.

 

 

ANS:    A                     REF:    111                  NOT:   F                      OBJ:    LO5

 

45. In recent years, the Supreme Court has ruled that two Kentucky counties could no longer display the Ten Commandments in

a.	courthouses.
b.	schools.
c.	firehouses.
d.	city halls.
e.	train stations.

 

 

ANS:    A                     REF:    111                  NOT:   F                      OBJ:    LO5

 

46. In the __________ decision, the Supreme Court ruled that the establishment clause forbids prayer, even a nondenominational one, in public schools.

a.	Everson v. Board of Education
b.	Engel v. Vitale
c.	Lemon v. Kurtzman
d.	Zelman v. Simmons-Harris
e.	Lee v. Weisman

 

ANS:    B                      REF:    111                  NOT:   F                      OBJ:    LO5

 

47. The exclusionary rule holds that

a.	double jeopardy cannot occur.
b.	defendents who have had their rights violated can plea bargain.
c.	police officers must be disciplined.
d.	evidence gathered in violation of the Constitution cannot be used in a trial.
e.	states must prohibit religious displays in court.

 

 

ANS:    D                     REF:    112                  NOT:   F                      OBJ:    LO6

 

48. The purpose of the exclusionary rule, according to the Supreme Court, is to

a.	limit illegal immigration.
b.	prevent crime by addressing its root causes.
c.	limit the power of courts.
d.	exclude religious activities by government employees.
e.	control the behavior of the police.

 

 

ANS:    E                      REF:    112                  NOT:   C                      OBJ:    LO6

 

49. The Supreme Court demanded that the evidence obtained in Mapp v. Ohio be excluded because the police

a.	had not obtained a search warrant.
b.	questioned Mapp in an impolite manner.
c.	used unnecessary force.
d.	refused to let Mapp contact her lawyer.
e.	spied on Mapp with binoculars.

 

 

ANS:    A                     REF:    112                  NOT:   F                      OBJ:    LO6

 

 

50. Which is an example of an unconstitutional search?

a.	Police searching a person when he or she is being arrested.
b.	Police searching the room of a house where a person is being arrested.
c.	A government worker’s files being searched for information pertain to his or her job.
d.	None of the above is true.
e.	Options A, B, C, and D are true.

 

ANS:    D                     REF:    112–114           NOT:   A                     OBJ:    LO6

 

51. Search warrants are not to be issued unless the standard of __________ has been met.

a.	probable cause
b.	reasonable suspicion
c.	articulable suspicion
d.	reasonable doubt
e.	preponderance of evidence

 

 

ANS:    A                     REF:    113                  NOT:   F                      OBJ:    LO6

 

 

52. The landmark case on involuntary confession was that of

a.	Mapp v. Ohio.
b.	Miranda v. Arizona.
c.	Gideon v. Wainwright.
d.	Brown v. Board of Education.
e.	Gitlow v. New York.

 

 

ANS:    B                      REF:    114                  NOT:   F                      OBJ:    LO6

 

53. Regarding the exclusionary rule, more recent decisions of the Supreme Court seem to be

a.	modifying the rule to make it less cumbersome for law enforcement.
b.	abandoning the rule to make any evidence admissible.
c.	continuing the rule as before.
d.	making the rule stricter to discourage police misconduct.
e.	expanding the rule so as to restrict the efforts of law-enforcement officers.

 

 

ANS:    A                     REF:    115                  NOT:   F                      OBJ:    LO6

 

54. In 1984, the Supreme Court ruled that illegally obtained evidence might be used in court if it can be demonstrated that

a.	it would have been allowed in most states.
b.	members of a jury gave it no attention.
c.	it was discovered on the basis of a tip from a reliable informant.
d.	it was critical to the outcome of a trial.
e.	its discovery was inevitable.

 

 

ANS:    E                      REF:    115                  NOT:   F                      OBJ:    LO6

 

55. The USA Patriot Act modifies the law for grand jury hearings by

a.	allowing investigators to exchange information obtained in such proceedings.
b.	requiring oaths of allegiance by grand jury members.
c.	limiting the number of such proceedings in a given year.
d.	allowing hearsay in such proceedings.
e.	None of the above is true.

 

 

ANS:    A                     REF:    115                  NOT:   F                      OBJ:    LO6

 

56. The main provisions of the USA Patriot Act cover all of the following except

a.	airport security.
b.	telephone taps.
c.	Internet taps.
d.	voice mail.
e.	money laundering.

 

 

ANS:    A                     REF:    115, 116           NOT:   F                      OBJ:    LO6

 

57. Which of the following statements concerning military courts is incorrect?

a.	They involve the use of military commissions of officers.
b.	They can operate in secret.
c.	Two-thirds of a commission must agree in order for a suspect to be convicted.
d.	A suspect can appeal to the attorney general.
e.	A suspect can appeal to the president.

 

 

ANS:    D                     REF:    116                  NOT:   A                     OBJ:    LO6

 

58. The Bush administration held that those who were captured in Afghanistan and detained in military bases at Guantánamo are

a.	citizens.
b.	soldiers.
c.	unlawful combatants.
d.	diplomats.
e.	spokesmen.

 

 

ANS:    C                      REF:    116                  NOT:   F                      OBJ:    LO6

 

59. When the USA Patriot Act was renewed in 2006,

a.	Democrats in Congress made sure there were major overhauls.
b.	almost all of its provisions were made permanent.
c.	so many changes were made that its original supporters opposed its passage.
d.	no changes were made to the original act.
e.	its major provisions were extended for two additional years.

 

 

ANS:    B                      REF:    117                  NOT:   F                      OBJ:    LO6

 

60. In the __________ decision, the Supreme Court ruled that persons charged with a crime have a right to an attorney even if they cannot afford one.

a.	Gideon v. Wainwright
b.	Mapp v. Ohio
c.	Miranda v. Arizona
d.	United States v. Leon
e.	Hamdi v. Rumsfeld

 

ANS:    A                     REF:    118                  NOT:   F                      OBJ:    LO6

 

 

TRUE/FALSE

 

1. The Bill of Rights was the by-product of concerns expressed at the ratifying conventions in the states.

 

ANS:    T                      REF:    96                    OBJ:    LO2

 

2. In 1803, President Thomas Jefferson wrote the governor of Pennsylvania requesting that the governor prosecute newspaper publishers for the “licentiousness” of their papers.

 

ANS:    T                      REF:    96                    OBJ:    LO6

 

3. Under the Espionage and Sedition Acts of 1917 and 1918, thousands of individuals were prosecuted, imprisoned, or deported.

 

ANS:    T                      REF:    97                    OBJ:    LO3

 

4. The Smith Act of 1940 respected the right of Americans to join the political party of their choice.

 

ANS:    F                      REF:    97                    OBJ:    LO3

 

5. In the 1980s, Puerto Rican nationalists were changed with sedition.

 

ANS:    T                      REF:    98                    OBJ:    LO3

 

6. Originally, the Bill of Rights applied only to the federal government.

 

ANS:    T                      REF:    99                    OBJ:    LO2

 

7. The right to be indicted by a grand jury for serious crimes has been incorporated to the states.

 

ANS:    F                      REF:    100                  OBJ:    LO6

 

8. The “clear and present danger” test of speech was constructed by Thomas Jefferson.

 

ANS:    F                      REF:    102                  OBJ:    LO3

 

9. The Supreme Court ruled that the political speech of Charles T. Schenck presented a “clear and present danger” to the United States.

 

ANS:    T                      REF:    102                  OBJ:    LO3

 

10. In the Brandenburg case, the Supreme Court ruled that any speech that does not “incite an immediate lawless action” is protected.

 

ANS:    T                      REF:    103                  OBJ:    LO3

 

11. Libel involves written statements.

 

ANS:    T                      REF:    103                  OBJ:    LO3

 

12. Obscenity is protected by the First Amendment.

 

ANS:    F                      REF:    104                  OBJ:    LO3

 

13. For materials to be ruled obscene, they must lack serious literary, artistic, political, or scientific value.

 

ANS:    T                      REF:    104                  OBJ:    LO3

 

14. In Citizens United v. F.C.C., the Supreme Court ruled that corporations and labor unions cannot be stopped from running ads in conjunction with a political party and/or a candidate’s campaign.

 

ANS:    F                      REF:    107                  OBJ:    LO3

 

15. The Supreme Court has ruled that high school students have the same rights as adults in expressing their beliefs.

 

ANS:    F                      REF:    108                  OBJ:    LO5

 

16. Federal courts have ruled that Indian tribes using the drug peyote in religious ceremonies are exempt from any state laws that ban such use.

 

ANS:    F                      REF:    108                  OBJ:    LO5

 

17. At the time of the American Revolution, there were established churches in the colonies.

 

ANS:    T                      REF:    109                  OBJ:    LO5

 

18. Public schools may not have clergy lead prayers at graduation ceremonies was decided in Lee v. Weisman.

 

ANS:    T                      REF:    111                  OBJ:    LO3

 

19. The Fourth Amendment grants individuals freedom from unreasonable searches and seizures.

 

ANS:    T                      REF:    112                  OBJ:    LO6

 

20. If officers have probable cause to search an automobile, they can also search things that are being carried by passengers.

 

ANS:    T                      REF:    114                  OBJ:    LO6

 

 

ESSAY

 

1. Explain how the U.S. Supreme Court through “incorporation” has applied most of the Bill of Rights to the states.

 

ANS:

• The Fourteenth Amendment was passed after the Civil War and contained the phrases “due process of law” and “equal protection of the law.”
• In Gitlow, the Court ruled that the protections of the First Amendment applied to the states as well.
• In Palko, the Court suggested all “fundamental” rights in the Bill of Rights that were basic to a “scheme of ordered liberty” were applicable to the states.
• Through a process of selective incorporation, the Court has identified which rights those are, one by one, with some exceptions.

 

REF:    99, 100             OBJ:    LO2

 

2. Discuss how the Supreme Court’s interpreted the freedom of speech provision of the Bill of Rights in Schenck v. United States.

 

ANS:

Schenck was charged with violating the Espionage Act because he mailed circulars to men eligible for the draft, urging them to resist. Holmes and a unanimous Court ruled the circumstance of speech should always be considered, and “clear and present dangers” could provide the basis for conviction. Schenck’s conviction was upheld.

 

REF:    101, 102           OBJ:    LO3

 

3   Define libel and outline the basic features of libel law in the United States.

 

ANS:

Libel is a written statement that defames the character of another person.

 

In this country, it is hard to sue for libel. You must show the statement was false—truth is an affirmative defense. It is even harder to sue and win if you are a public figure; here you must demonstrate actual malice.

 

REF:    103, 104           OBJ:    LO3

 

4. Discuss how the Supreme Court has ruled on the issue of obscenity.

 

ANS:

Obscenity is defined as forms of expression that have no redeeming social value and are calculated chiefly to appeal to one’s sexual rather than political or literary interest. Obscenity is not protected by the First Amendment. Justice Potter Stewart stated his standard of obscenity as “I know it when I see it.”

 

REF:    104, 106           OBJ:    LO3

 

5. Identify the three-pronged test that the Supreme Court has employed to assist in decision making for cases involving concerns about separation of church and state.

 

ANS:

• Strictly secular purpose
• Cannot advance or inhibit religion
• Cannot foster excessive governmental entanglement

 

REF:    110, 111           OBJ:    LO5

 

6. How did the Court rule in two recent cases involving the Ten Commandments in Kentucky and Texas?

 

ANS:

In Kentucky, the Court struck down the posting of the Commandment inside courtrooms, because of primary religious effect, even if surrounded by displays of the Declaration of Independence, the lyrics to the Star Spangled Banner, etc.

 

In Texas, however, the Court upheld the placement of the Ten Commandments outside of a courthouse, on a lawn, because it revealed a secular message.

 

REF:    111                  OBJ:    LO5

 

7. Discuss the facts of the case and the importance of the Supreme Court’s rule in in Mapp v. Ohio.

 

ANS:

Cleveland police broke into Mapp’s home looking for a bombing suspect. Police had not obtained a warrant, even though they had plenty of time to do so. The Court announced that the exclusionary rule applied to state officers.

 

REF:    112                  OBJ:    LO6

 

8. Discuss a few of the scenarios covered in the textbook where a lawful search can be conducted without a warrant.

 

ANS:

• Search incident to arrest
• Plain view searches
• Automobile exception (with probable cause)
• Open field exception

 

REF:    114                  OBJ:    LO6

 

9. Summarize the facts of the case and the Supreme Court’s ruling in Miranda v. Arizona.

 

ANS:

Miranda was convicted of rape and kidnapping. Conviction was based on an interrogation and signed confession. The Court ruled suspects had the right to be clearly informed of their rights (to remain silent, for example). Since Miranda did not have a lawyer present when he was questioned and had not knowingly waived his right to a lawyer, the confession was excluded from evidence in the trial and his conviction was overturned.

 

REF:    114                  OBJ:    LO6

 

10. Discuss five key provisions of the USA Patriot Act.

 

ANS:

• Telephone taps: Require court order.
• Internet taps: Require court order.
• Voice mail: Can be seized with a court order.
• Grand jury information: Investigators can now share information from secret hearings.
• Immigration: Attorney General can hold noncitizens for up to seven days.
• Money laundering: New powers to track the movement of money across banks and borders.
• Crime: No statute of limitations on terrorist crimes and increased penalties.

 

REF:    115, 116           OBJ:    LO6