Chapter 8 Test

Question 1

9th Amendment

Answer 1

guarantees beyond those set out in the Constitution - “retained by the people”

Question 2

5th Amendment

Answer 2

• right to grand jury
• guarantee against double jeapordy
• guarantee against self-incrimination in criminal cases
• Federal Government cannot deprive any person of “life, liberty, or property without due process of law.”
• just compensation

Question 3

2nd Amendment

Answer 3

• right to keep and bear arms (well regulated militia)

Question 4

confidentiality

Answer 4

• right to refuse to testify in order to protect their sources
• cannot reveal important, sensitive information

Question 5

limiting personal rights

Answer 5

● Eminent domain- government power to take private property for public use as long as they compensate you
● Police power- states capacity to regulate behavior, and enforce order within their territory
● Buffer zones- a zone that is off-limits usually to protect safety or regulatory reasons
● Free speech zones- areas set aside where people can express their opinions often
controversial ones
● Content neutral regulation- well that applies to all expressions without regard to the
substance or message of the speech

Question 6

writ of habeas corpus

Answer 6

court order that prevents unjust arrests and imprisonment

Question 7

Miranda v. Arizona

Answer 7

Miranda (mentally challenged) was not told his rights and confessed - struck down conviction
- requirement that police must read a suspect his or her rights before any questioning occurs

Question 8

6th Amendment

Answer 8

• right to a speedy & public trial
• guarantees a prompt trial in federal cases
• person accused of a federal crime must be tried “by an impartial jury”
• members of federal court jury must be drawn from where the crime was committed (jury familiar with people & area)
• guarantee right to an attorney regardless of ability to pay for one

Question 9

4th Amendment (Protections & Exclusions)

Answer 9

• forbids unreasonable searches and seizures

Question 10

Due Process Clause

Answer 10

government must act fairly and in accord with established rules in all that it does

Question 11

1st Amendment

Answer 11

• guarantee of religious freedom separates church & state
• rights of free speech and press guarantee the freedom to express
• rights to assembly and petition

Question 12

procedural due process

Answer 12

government must employ fair procedures and methods
- “how”

Question 13

substantive due process

Answer 13

government must create fair policies and laws
- “what”

Question 14

Texas v. Johnson

Answer 14

ruled that State authorities had violated a protester’s rights
- burning the American flag is an act of political protest

Question 15

Virginia v. Black

Answer 15

upheld that burning of a cross is an act of intimidation, a threat that can make one fear for safety

Question 16

Establishment Clause

Answer 16

guarantees separation of church & state

Question 17

14th Amendment

Answer 17

• “No State shall . . . deprive any person of life, liberty, or property, without due process of law.”
• awards American citizenship if born in U.S.
• forbids “cruel and unusual punishments” in States

Question 18

Bill of Rights

Answer 18

• apply against the Government only
  first 10 Amendments