Gov test

Which of the following BEST illustrates the idea of personal desires and interests being subordinated to the public good?

A publisher refrains from printing sensitive war-related information.

What is the significance of the Due Process Clause of the 14th Amendment?

It prevents the States from denying any right that is basic to the concept of ordered liberty.

According to the founders of the United States, what MAIN purpose does government serve?

Governments are formed to protect the unalienable rights of the people.

Through the process of incorporation, the Supreme Court has

extended most of the protections in the Bill of Rights to the States.

Read the following quotation from Justice Oliver Wendell Holmes: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic." Which of the following points is supported by this quotation

In the United States, each person's rights are relative to the rights of every other person.

Why is the case Gitlow v. New York important?

It began the process of incorporating many of the guarantees in the Bill of Rights into the 14th Amendment's Due Process Clause.

Why is the 9th Amendment important in the protection of individual rights?

Because it declares that rights exist beyond those listed in the Constitution

Establishment Clause

part of the 1st Amendment of the Constitution that guarantees the separation of church and State

Free Exercise Clause

the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Which of the following statements BEST describes how the separation of church and state reflects the principle of limited government?

It limits government interference and prevents the government from favoring one religion over another.

Which of the following is permitted in public schools?

using tax money to bus students to parochial schools

Which of the following actions has the Supreme Court ruled a violation of the Establishment Clause?

seasonal displays of a single religious doctrine at government buildings

Which of the following is an example of the Supreme Court limiting the free exercise of religion?

upholding laws that forbid the use of poisonous snakes in religious rites

Which constitutional provision sets up, in Thomas Jefferson's words, "a wall of separation between church and state"?

the Establishment Clause

Which of the following is NOT used as part of the Lemon test to determine whether a State law amounts to an "establishment" of religion?

Determining whether the law supports the public good

The Supreme Court has held that public schools cannot

require a moment of silence at the start of each day.

Which of the following arguments SUPPORTS State aid to parochial schools?

Parochial schools enroll many students who would otherwise have to be educated at public expense.

Which of the following actions has the Supreme Court upheld under the Free Exercise Clause?

The government can draft those who have religious objections to military service.

'Reasonable restrictions' are allowed on freedom of expression to prohibit the expression of words that

libel, slander, or endanger another person.

What is the impact on 1st Amendment rights of the Supreme Court ruling in Schenck v. United States?

It restricts freedom of expression to words that do not lead to criminal acts.

How does the Court's interpretation of symbolic speech in Virginia v. Black compare with its interpretation in Texas v. Johnson?

The Court interpreted Texas as protected, and Virginia as not protected.

The Court found prior restraint unconstitutional in the Pentagon Papers case but not in the case of a CIA agent's publishing material without permission because

national security concerns were proven in the CIA case.

Which of the following is TRUE about the Court's ruling in Red Lion Broadcasting Co. v. FCC? Because broadcasters use public airways,

their broadcasts can be regulated to ensure they do not infringe on the rights of the public.

How does the case of Tinker v. Des Moines School District illustrate constitutional provisions for limited government in the protection of individual rights?

The students' actions had 1st Amendment protection because they did not cause a disruption of normal school activities.

In Burstyn, Inc. v. Wilson, the Court cited "prior restraint on freedom of speech and the press" as reason to void a New York law forbidding the showing of a particular motion picture. Prior restraint means that the government

cannot curb ideas shown in the film before they are expressed.

In Texas v. Johnson, the Supreme Court held that burning the American flag is

a form of expression that is protected by the Constitution.

Which of the following explains one reason why States might be allowed to stop people from posting certain comments on social media sites?

laws prohibiting libel

Software companies have challenged State laws aimed at restricting the sale of violent video games to minors. What aspects of the 1st Amendment support the software companies' position?

guarantee of free speech and limits on prior restraint

A group of U.S. military veterans are planning to gather at a memorial to read the names of fallen comrades and give speeches calling for an end to war. This assembly is protected by the 1st Amendment, assuming that it

does not interfere with the rights of other citizens.

College administrators allowed an anti-war demonstration, but blocked a demonstration protesting college admissions policies. The administrators' actions

are unconstitutional, because they are not content neutral.

A judge nullified trespassing citations issued to a group that had staged a protest by pitching tents in a public plaza. What constitutional safeguards most likely guided the judge's decision?

right to assemble if participants do not interfere with the rights of others

In what way is the ruling in Boy Scouts of America v. Dale an example of the right of association?

Organizations can limit membership based on the organization's overall purpose.

A sit-in was staged on the State Department's sidewalk protesting a proposed pipeline from Alaska to the Gulf Coast. The 1st Amendment provides that such a protest is permissible

in public spaces where there is no infringement on others' rights.

The Constitution limits the role of government with regard to the rights of petition and assembly in order to

prevent interference with the expression of opposing and unpopular views.

Which of the following is constitutional?

laws that require advance notice for demonstrations

When private property rights and the right of assembly come into conflict, which has been upheld by the Supreme Court?

private property rights take precedence over the right of assembly

In Forsyth County v. Nationalist Movemen, the Court allowed a pro-Nazi group to assemble in a community hostile to their views and overturned local ordinances prohibiting the assembly. This decision reflects the fact that the government

cannot use State or local laws to prevent a peaceable assembly on the basis of what might be said there.

Which of the following is an example of a violation of the 5th Amendment right to substantive due process?

a law allowing police to pump a suspect's stomach for evidence

Which of the following is an example of a use of the police power that most likely violates the 14th Amendment's Due Process Clause?

To promote public safety, a State enacts a law prohibiting driving after 11 p.m.

When the Supreme Court finds the content of a law to be unconstitutional, it has acted to uphold

substantive due process.

Police officers break into a home unlawfully to look for evidence. This is an example of the violation of

procedural due process.

What is the police power?

the authority of each State to act to protect the public

Which of the following best explains how due process helps protect individual rights?

Due process holds that government must act fairly and in accord with established rules.

Which of the following is prohibited under the 13th Amendment?

forcing someone to work for another to fulfill a contract

According to the Supreme Court's decision regarding the District of Columbia's strict gun control law, what is one important aspect of the 2nd Amendment?

Individuals have a constitutional right to keep and bear arms for self-defense.

Which of the following is sufficient for a police officer to enter someone's home and search for evidence in connection with a crime?

a search warrant signed by a judge

How did the Supreme Court interpret the 4th Amendment in Mapp v. Ohio, 1961?

as prohibiting the use of evidence obtained from an illegal search of a person's home

How did the Supreme Court interpret the 14th Amendment's right to privacy in the case Roe v. Wade?

as a woman's decision to terminate or continue her pregnancy

Which of the following Supreme Court decisions based on the 13th Amendment was intended to address the situation of a particular racial group?

The decision holding that all citizens shall have the same right to make and enforce contracts.

In its most recent 2nd Amendment decisions, the Supreme Court has

incorporated the 2nd Amendment into the 14th Amendment's Due Process Clause.

Which of the following constitutional provisions limits the role of government in order to protect individual rights?

Police must have a proper warrant in order to conduct most searches.

Why did the Framers include a ban on bills of attainder in the Constitution?

Parliament had abused its power by punishing citizens without trials.

The police arrest a person for making counterfeit $100 bills, a federal crime. What does the 5th Amendment ensure for this person?

a grand jury hearing and one trial in federal court

Gideon v. Wainwright extends the 6th Amendment rights of the accused by

ensuring that a defendant who cannot afford a lawyer will still be able to use one.

Which of the following actions is allowed according to the 5th Amendment guarantee against self-incrimination?

A witness at a Senate intelligence committee hearing can refuse to answer a question.

The rules of bail and preventive detention protect a suspect's rights by

allowing the accused to appeal the denial of or the amount of bail.

Based on the Supreme Court's interpretation of the 8th Amendment prohibition against cruel and unusual punishment, which of the following is allowable?

putting two inmates in a prison cell designed to hold only one person

The death penalty could be given in which of the following situations?

the robber of a convenience store kills a police officer in his escape attempt

The writ of habeas corpus and the grand jury both

protect a citizen from being held for a crime without good reason.

Which of the following is one justification for the use of bail?

A person should not be imprisoned until his or her guilt has been established.

During a trial, a defendant is allowed to exercise the 5th Amendment guarantee against self-incrimination when

the prosecutor demands that the defendant confess.

Which of the following is TRUE about the crime of treason?

It is the only crime defined in the Constitution.

How has the Lemon test affected Supreme Court rulings about public aid to church-related schools?

The Court has used the Lemon test to rule that most public aid to religious schools is unconstitutional.

What statement BEST expresses what the Court is saying about freedom of expression?

Freedom of expression means that people cannot be requird to say or believe in specific political or religious ideas.