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40 terms

US GOV Test 6 Chapter 4 & 5

Following the Civil War, the Fourteenth Amendment to the United States Constitution was designed to overturn the

A.) Dred Scott decision
B.) Plessy v. Ferguson ruling
C.) Emancipation Proclamation
D.) Civil Rights Act of 1866
E.) Slaughterhouses cases
Which of the following decisions made by Chief Justice John Marshall's Court established the principle that the Bill of Rights only applied to the federal government?

A.) Marbury v. Madison
B.) McCulloch v. Maryland
C.) Gibbons v. Ogden
D.) Barron v. Baltimore
E.) Flethcher v. Peck
In Miranda v. Arizona, the United States Supreme Court declared that

A.) illegal aliens have the same right to an education as United States citizens.
B.) evidence siezed during an illegal search cannot be used in court.
C.) affirmative action programs cannot employ numerical quotas.
D.) police must inform crimincal suspects of their constitutional rights before questioning suspects after arrets.
D.) the death penalty is constitutional so long as juries are supplied with sentencing guidelines.
The Supreme Court established the incorporation doctrine when the Court

A.) interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government.
B.) interpreted the Ninth Amendment as requiring national health and worker-safety standards to protect the individual's implied right of personal safety.
C.) stripped the armed forced of their discretionary powers regarding military service for gay men, lesbians and married people.
D.) strenghtened local police forces by granting them the power to investigate and prosecute federal offenses.
E.) granted the federal government the power to declare acts of Congress unconstitutional.
Which of the following arguments represents the best reason why a bill of rights was added to the Constitution?

A.) The Federalists felt that the central government would not protect the citizens.
B.) The Anti-Federalists believed that the masses needed to know what their rights were.
C.) Ratification of the Constitution including a bill of rights was supported by both the Federalists and Anti-Federalists.
D.) Key states insisted on a bill of rights prior to approving the Constitution.
E.) The Anti-Federalists felt that the Constitution alone protected citizens from abuses of the cental government.
Which of the following Supreme Court cases established the "clear and present danger" doctrine?

A.) Schenck v. United States
B.) McCulloch v. Maryland
C.) Gibbons v. Ogden
D.) Barron v. Baltimore
E.) Fletcher . Peck
The legal concept under which the Supreme Court has nationalized the Bill of Right is the:

A.) Incorporation Doctrine
B.) Disincorporation Doctrine
C.) Inclusion Doctrine
D.) Privileges and Immunities Clause
E.) Due Process Clause
If a newspaper prints an article in which the author is knowingly spreading false information about a private person, this is considered an example of:

A.) Slander
B.) Libel
C.) Obscenity
D.) Free speech
E.) Hate speech
The largest portion of the Bill of Rights addresses issues of:

A.) Religion
B.) Expression
C.) Assembly
D.) Criminal justice
E.) Public order
In the case of Plessy v. Ferguson, the Supreme Court established the precedent of

A.) "inherently suspect"
B.) "separate but equal"
C.) "clear and present danger"
D.) "right to privacy"
E.) "with all deliberate speed"
In Gildeon v. Wainwright, the Supreme Court ruled that criminal defendents in state cases have the right

A.) to representation by an attorney
B.) not to incriminate themselves
C.) to a speedy trial
D.) not to be punished excessively
E.) to a jury trial
In which of the following cases did the Supreme Court enforce the use of the exclusionary rule in state trials?

A.) Near v. Minnesota
B.) Miranda v. Arizona
C.) Miller v. California
D.) Mapp v. Ohio
E.) Gregg v. Georgia
Under reasonable time, place, and manner restrictions, all of the following are protected under the First Amendment EXCEPT

A.) picketing
B.) libel
C.) flag burning
D.) political demonstration
E.) criticizing government officials
Approximately 90 percent of criminal cases in the United States

A.) are cases in which the defendants' rights have been abused by law inforcement officials.
B.) are appealed to the Supreme Court
C.) involve First Amendment rights
D.) are closed to the public during the trial
E.) are resolved by plea bargaining and do not go to trial
The Supreme Court has regularly cited the due process clauses of the Fourteenth Amendment

A.) extend the protection of the Bill of Rights to be binding on the states.
B.) assert its power of judicial review
C.) allow the executive branch to infringe on civil liberties
D.) ensure the right to bear arms
E.) impose limitations on the exercise of defendants' rights.
Which of the following generalizations about the Supreme Court stance on abortion is true?

A.) In Roe v. Wade, the Supreme Court ruled that abortions infringe on the constitutional right of the unborn.
B.) The Supreme Court is usually conservative and therefore favors the right to life in all situations unless the mother's health is at risk.
C.) The Supreme Court has always been distinctly pro-choice and has struck down state laws that attempted to interfere with the performing of abortions.
D.) The Supreme Court permitted the right to an abortion in certain circumtances in Roe v. Wade, but has since upheld several restrictions on abortions.
E.) The Supreme Court has consistently upheld a woman's right to an abortion, even if she is in her third trimester or is she is a minor.
Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court?

A.) It protects the right to express opinions even without the actual use of words
B.) It protects the use of language deemed obscene by courts
C.) It allows citizens to disobey laws that they believe to be unjust.
D.) It is protected from infringement by the federal government but not from infringement by state governments.
E.) It cannot be limited in any manner.
Discrimination in public accommodations was made illegal in the United States as a direct result of the

A.) Supreme Court decision in Brown v. Board of Education of Topeka
B.) Supreme Court decision in Sweatt v. Painter
C.) Civil Rights Act of 1964
D.) Montgomery bus boycott
E.) Voting Rights Act of 1965
Most of the individual protection of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's

A.) Preamble
B.) necessary and proper cause
C.) supremacy clause
D.) Tenth Amendment
E.) Fourteenth Amendment
The establishment clause in the First Amendment does which of the following?

A.) Guarantees freedom of speech to all citizens
B.) Prevents prior restraint of the press
C.) Prohibits the setting up of a national church
D.) Defines the concept of dual citizenship
E.) Allows citizens to enter freely into contracts with other citizens
Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the

A.) rights of gay men and lesbian women
B.) rights of privacy
C.) rights to an abortion
D.) right to freedom from cruel and unusual punisment
E.) right of women to equal protection before the law
Which of the following cases found that "arbitrary" gender discrimination violated the 14th Amendments Equal Protection Clause?

A.) Reed v. Reed
B.) Craig v. Boren
C.) Bowers v. Hardwick
D.) Lawrence v. Texas
D.) Grzybowski V. Kasinec
The 1st Amendment protects all of the following freedoms EXCEPT

A.) freedom of religion
B.) freedom of choice
C.) freedom of the press
D.) freedom of speech
E.) freedom of assembly
Which of the following Supreme Court decisions involved the Fourth Amendment prohibitions against unlawful search and seizure?

A.) Baker v. Carr
B.) Roe v. Wade
C.) Mapp v. Ohio
D.) Korematsu v. United States
E.) Gideon v. Wainwright
The "wall of separation" doctrine refers to the

A.) division between levels government
B.) unique powers possessed by each branch of government
C.) division of church and state
D.) barrier between legislative chambers
E.) differentiation of municipal powers from county powers
In the Korematsu case (1944) the Supreme Court

A.) declared that Japanese relocation to be unlawful
B.) declared that U.S. citizens of Japanese origin be exempted from the relocation order
C.) upheld the measure as reasonable in wartime
D.) ruled that Japanese residents of the West Coast were entitled to equal protection
E.) ruled that reverse discrimination was a major factor in the decision
The Supreme Court decision Gitlow v. New York established the principle that

A.) there was no relationship between the Fourteenth Amendment and the Bill of Rights
B.) free speech was not protected by the Bill of Rights in state cases.
C.) incorporation of the Bill of Rights in state cases was allowed
D.) there was an indirect relationship between the Fourteenth Amendment and the Bill of Rights
E.) judicial review could take place in state cases by the Supreme Court.
The Supreme Court case Regents of University of California v. Bakke concerned which of the following issues?

A.) The righs of students to protests on a publicly funded campus.
B.) In-class prayer at a publicly funded school
C.) The rights of students to carry concealed weapons on campus.
D.) Accomodations for disabled students at publicly funded schools.
E.) The use of racial quotas in public university admissions.
Which of the following amendment banned the poll tax in federal elections?

A.) 22nd
B.) 24th
C.) 25th
D.) 26th
E.) 23rd
Which of the following cases extended the Second Amendment to the states?

A.) District of Columbia v. Heller
B.) McDonald v. Chicago
C.) Mapp v. Ohio
D.) Furman v. Georgia
E.) Texas v. Johnson
All of the following steps are part of procedural due process EXCEPT

A.) habeas corpus
B.) formal indictment
C.) speedy trial
D.) right to an attorney
E.) a jury made up of a different ethnic groups
Jefferson's reference to "unalienable rights" in the Declaration of Independence relates to

A.) laws passed by Parliament
B.) laws passed by the colonial legislature
C.) rights that cannot legally be taken away
D.) traditions of the Enlightenment
E.) laws that did not protect aliens
The Fifth Amendment guarantees all of the following legal protection EXCEPT

A.) freedom from double jeopardy
B.) freedom from cruel and unusual punishment
C.) freedom from being compelled to testify against oneself
D.) indictment by a grand jury
E.) compensation for land taken by eminent domain
When creating the Constitution, the Founding Fathers did not include a bill of rights because

A.) the Anti-Federalists opposed such a bill
B.) they had too many other issues to consider
C.) they were unsure of what to include
D.) they believed such a bill was unnecessary because the Constitution was itself a general bill of rights.
D.) Alexander Hamilton lobbied against such a bill
The Civil Rights Act of 1964 including all of the following EXCEPT

A.) made it illegal to racially discriminate in public accommodations.
B.) allowed the Attorney General to sue segregated schools
C.) declared poll taxes illegal
D.) created the EEOC
E.) strengthened voting rights legislation
Brown v. Board of Education overturned the precedent established in

A.) Smith v. Allwright
B.) Roe v. Wade
C.) Gideon v. Wainwright
D.) Scott v. Sanford
E.) Plessy v. Ferguson
In modern times when the Supreme Court hears a case regarding racial discrimination, the Court traditionally treats the issue with standard of

A.) reasonableness
B.) inherently suspect
C.) intermediate
D.) moderate
E.) none of the above
What proposed amendment stated the "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex"?

A.) Equality of Rights Amendment
B.) Separate Rights Amendment
C.) NOW Amendment
D.) Balanced Budget Amendment
E.) Equal Rights Amendment
The term prior retraint refers to which of the following constitutional principles?

A.) freedom of the press
B.) freedom of speech
C.) freedom of assembly
D.) due process
E.) freedom to petition one's grievances
Jim Crow laws were laws that

A.) restricted the civil liberties of African-American after the Civil War
B.) disenfranchised blacks
C.) segregated whites and blacks in society
D.) required African-Americans to register one year in advance of all elections
E.) limited voting rights of African-Americans