chp 12

Question 1

Did the Bill of Rights impose limits on State Governments

Answer 1

No

Question 2

What is the difference between Civil Liberties and Civil Rights?

Answer 2

CL granted to the individual. CR are powers or privledges that are granted

Question 3

4. When it comes to religion, what is the difference between the establishment clause and the free-exercise clause?

Answer 3

EC - prohibits law establishing religion. FEC provents the govt from interfereing with religion

Question 4

Regarding the establishment clause, what is the position the US Supreme Court has consistently held?

Answer 4

to maintain a position of neutrality towards religions

Question 5

6. Does the US Supreme Court support the barring of any assistance that might incidentally aid religious institutions?

Answer 5

No

Question 6

8. How has the US Supreme Court consistently equated prayer in public schools?

Answer 6

with govt support of religion

Question 7

Has the US Supreme Court permitted religious training in public schools during public school hours

Answer 7

not allowed, after hours permitted

Question 8

What does the free-exercise clause of the First Amendment state

Answer 8

Congress shall make no law prohibiting the free exercise of religion

Question 9

13. When it comes to freedom of the press, what do they mean by “prior restraint

Answer 9

censorship before publicizing

Question 10

Under what grounds can the government regulate or punish the advocacy of ideas?

Answer 10

prove and intent to promote lawless action and demostrate it

Question 11

15. What is the clear and present danger test to determining whether someone should have freedom of speech?

Answer 11

clear and present danger test

Question 12

According to the Supreme Court, the most strict protection of free speech would not protect what behavior?

Answer 12

shouting fire in a movie theather

Question 13

How did the Smith Act impact freedom of speech?

Answer 13

made it an offense to advocate or belong to a group that advocated the violent overthrow of the government

Question 14

19. How protected is symbolic expression or nonverbal communication when it comes to “free speech”?

Answer 14

less protection than pure speech

Question 15

In the case Tinker v. Des Moines Independent County School District how did the Supreme Court rule regarding the students who wore black arm bands in protest of the Vietnam war?

Answer 15

was overturned

Question 16

According to the text, the desecration of the flag of the United States can be interpreted as what kind of behavior?

Answer 16

Freedom of Speech

Question 17

According to the Supreme Court, if there is a bedrock principle underlying the First Amendment it is what?

Answer 17

govt may not prohibit the expression of an idea just on the facts that people find it offensive

Question 18

What did the Supreme Court have to say about desecration of the flag?

Answer 18

it is a freedom

Question 19

According to the Supreme Court are obscene words, music, books, magazines and films protected by the Constitution?

Answer 19

outside boundaries

Question 20

Who seems to get the job of regulating or even banning obscenity?

Answer 20

States

Question 21

Three prong obscenity test

Answer 21

the United States Supreme Court’s test for determining whether speech or expression can be labeled obscene,

Question 22

What standards end up being used to interpret the first and second items of the three pronged test for what is obscene?

Answer 22

local community standards

Question 23

28. What did the Supreme Court have to say about the 1996 Communications Decency Act that prohibited “patently offensive” sexual material on Internet sites accessible to those under eighteen years old?

Answer 23

declared unconstitutional

Question 24

What is “libel”?

Answer 24

written deformation of character

Question 25

In the Supreme Court Case New York Times v. Sullivan (1964) what did the Court rule regarding libel of public officials?

Answer 25

Freedom of press | became precedent

Question 26

How do we define “public figures”?

Answer 26

people who assume roles of prominence in society. forefront in public contrvercy

Question 27

What about public figures, in what circumstances are they protected from libel according to the Supreme Court

Answer 27

must show malice | intention to do evil

Question 28

35. When congress, in the Second Amendment stated “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed” what two ways has this Amendment been interpreted?

Answer 28

states can maintain collective malitias | rights to individual to own a gun

Question 29

What three ways has the Supreme Court taken regarding the Second Amendment?

Answer 29

bills of attainder ex post facto laws obligation of contracts

Question 30

What are “bills of attainder”?

Answer 30

a law that pronounces an individual guilty of a crime without a trial

Question 31

What are “ex post facto” laws

Answer 31

a law that declares an action to be criminal after it has been performed

Question 32

Obligations of a contract

Answer 32

the obligation a party has to a contract and its terms

Question 33

What are the four Miranda warnings?

Answer 33

right to remain silent anything you say can be used against you in court right to talk with a lawyer if you cant afford a lawyer one will be appointed to you

Question 34

Why does the Court insist that Miranda warnings be read to the accused?

Answer 34

the 5th amendment. self incrimination

Question 35

What does the Fourth Amendment guarantee?

Answer 35

the right of the people to be secure in their person, houses, papers, against unreasonable searches and seizures

Question 36

What is the “exclusionary rule”?

Answer 36

evidence used in an illegal search can not be used in trial

Question 37

What is the “good faith exception” to the “exclusionary rule

Answer 37

if illegally searched and evidence in obtained it can be used in trial if the illegal search was in good faith, all parties involved were to believe at the time the warrant was valid

Question 38

What did the Supreme Court rule in the case of Roe v. Wade?

Answer 38

stated texas`s ban on abortion was unconstitutional

Question 39

What did Justice Harry A. Blackmun base the majority opinion on in the decision about Roe v. Wade?

Answer 39

right to privacy protected by due process

Question 40

What did the two dissenters, Justices Byron White and William Rehnquist have to say in criticism of the majority decision on Roe v. Wade?

Answer 40

judge`s statements were based off of personal values not by "constitutional compass"

Question 41

What does the pluralist model provide for groups who are dissatisfied with rulings from the nation’s highest court?

Answer 41

little to no comfort