7. POLS 301 Wk 2 Chapter 5 Quiz 5 Study Guide PDF

Preview

Summary

Quiz Study Guide...

Description

1

CHAPTER 5

MULTIPLE CHOICE AND TRUE OR FALSE: 15 of the following will be randomly chosen.

1.

According to John Locke and the Declaration of Independence, our rights are ______. a. granted by government b. granted by our fellow citizens c. natural d. determined indirectly as whatever is not regulated by government e. determined arbitrarily

2.

The difference between civil rights and civil liberties is ______. a. inconsequential because the terms are used interchangeably in the United States b. that civil rights involve speech, press, and religious freedom, whereas civil liberties involve voting c. that civil rights limit the power of government, whereas civil liberties expand the power of government d. that civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government e. that civil rights involve freedoms, whereas civil liberties involve voting

3.

Individual actions can come into conflict with the collective good of society ______. a. only when direct harm occurs to another specific individual b. because individual actions often have important consequences and costs for society c. whenever the majority agrees that such harm exists d. only when the claim can be tied to a specific provision of the Constitution e. only rarely because the collective good of society is nothing more than the summation of the good of all the individual citizens

4.

The example provided in the textbook concerning the response to the September 11 attacks demonstrates that ______. a. “the ends justify the means” b. the liberty of the people is always more important than the security needs of the nation c. it may be hard to protect both liberty and security d. liberties are far more likely to come into conflict with each other than is liberty to come into conflict with security e. liberty and security are never really in conflict

5.

As an arbiter between the rights of the individual and the exercise of power by society, the Supreme Court ______. a. has sided consistently with individual rights b. has acted in an inconsistent manner across the spectrum of possible positions over

2

the course of American history c. supported government power in the nineteenth century but has been consistently on the side of the individual since then d. leaned toward protection of the individual in the nineteenth century but has consistently favored government power since then e. has generally remained neutral and allowed Congress to decide issues of individual liberty 6.

An action that criminalizes an act after it occurs is a(n) ______. a. unconstitutional ex post facto law b. “closing the barn door after the horse is out” law c. bill of attainder d. habeas corpus law e. exclusionary rule type of law

7.

The right of an accused to be brought before a judge and informed of the charges and evidence against him or her is known as ______. a. habeas corpus b. ex post facto presentation c. a bill of attainder d. Miranda rights e. a bill of presentment

8.

The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is ______. a. the Bill of Rights itself b. Congress c. the Fourteenth Amendment to the Constitution d. Marbury v. Madison e. Federalist No. 10

9.

All of the following statements concerning incorporation of the Bill of Rights are true EXCEPT this one: a. Incorporation has taken place on the basis of provisions of the Fourteenth Amendment. b. Incorporation is a matter of interpretation rather than a constitutional principle. c. The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s. d. Incorporation has taken place on the theories of both selective incorporation and total incorporation. e. Without incorporation, the Bill of Rights would apply only to acts of the federal government.

10. The rights the founders believed were essential to maintaining a representative democracy included all of the following EXCEPT this one: a. establishment of religion

3

b. c. d. e.

the right to bear arms freedom of speech freedom of the press the right to assemble and petition the government for redress of grievances

11. In the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has, in recent times, ______. a. sided consistently with the separationist position b. sided consistently with the accommodationist position c. been moving more and more toward the separationist position d. been moving more and more toward the accommodationist position e. established no clear pattern and has favored each position at various times 12. The establishment clause guarantees ______. a. that government will not create and support an official state church b. that all citizens may freely engage in religious activities of their choice c. that American government is based on Judeo-Christian values d. that all churches shall have tax-exempt status e. the right to set up a church whenever a religious group so desires 13. According to the Supreme Court, for school prayer to violate the establishment clause, it must be ______. a. part of official school activities b. denominational c. opposed by a majority of the students or their parents d. anti-Semitic e. objectionable to at least one student 14. Separationists differ from accommodationists in that ______. a. separationists wish to separate issues of school prayer from issues involving the establishment clause b. accommodationists wish to separate issues of school prayer from issues involving the establishment clause c. separationists favor a stricter separation of church and state than accommodationists d. accommodationists favor a stricter separation of church and state than separationists e. separationists favor a narrower interpretation of the free exercise clause 15. The test that seems to provide the most protection for free speech is the ______. a. Lemon test b. imminent lawless action test c. clear and present danger test d. Scalia test e. bad tendency test

4

16. The Lemon test established that ______. a. if there are prayers or Bible readings in schools, then students who do not wish to participate must be excused b. states may prohibit religious activities that present a clear and present danger c. citizens may freely engage in the religious activities of their choice d. there shall be no excessive entanglement of government and religion e. no state could establish an official religion 17. According to the textbook, free speech is valuable for all of the following reasons EXCEPT this one: a. It helps create an informed citizenry. b. It provides a voice for the minority. c. It is good for economic development. d. It provides a watchdog over government. e. It helps preserve the truth. 18. In attempting to decide when speech can be prohibited, the Supreme Court has ______. a. made it easier for the government to suppress speech b. clarified when the government can suppress speech c. made it harder for the government to suppress speech d. been reluctant to interfere with the government’s authority to suppress speech e. rarely had to address when the government can suppress speech 19. Which of the following statements does NOT reflect the Supreme Court’s view of freedom of expression? a. Flag burning is protected under the Constitution. b. Associations such as the NAACP can be required to make their membership lists public. c. Prior restraint of the press can occur only during extreme emergencies. d. Pornography is protected on the Internet. e. Political speech can be restricted only if it leads to “imminent lawlessness.” 20. Which of the following statements concerning the protection of free expression in the United States is NOT true? a. Americans have often found it easy to suppress the free expression of unpopular ideas. b. Free expression has been suppressed at times in the name of national security. c. One argument in favor of free expression is that it aids in the search for truth. d. The Supreme Court has consistently favored expansion of the freedom of expression. e. One argument in favor of the suppression of false ideas is that they are a threat to the truth. 21. In Florence v. Board of Chosen Freeholders of County of Burlington, the Court ruled that the plaintiff could be ______.

5

a. arrested for symbolic speech because his actions constituted an imminent threat to public safety b. subject to a strip search for a minor offense he didn’t commit because concerns over jail security outweigh an individual’s privacy rights c. strip searched because the suspect’s conduct gave the police a reasonable suspicion that a crime had been committed or was about to be committed d. released from jail because he was not informed of his Miranda rights prior to being placed in the jail population e. released from jail due to police misconduct, which included forcing the suspect to lift his genitals after being booked at the police station 22. The national government decides to prosecute a speaker who states at a political rally, “The U.S. government’s policy toward the Middle East is responsible for the violence in the region, and our leaders should be forced to change their policy.” Although the government would most likely be unsuccessful, for what would the government prosecute the speaker? a. symbolic speech b. fighting words c. sedition d. libel e. slander 23. The Supreme Court’s ruling in Brandenburg v. Ohio is significant because it ______. a. created a new standard for regulating political speech b. solved the question of what to do when violent speech is linked with violent action c. created the clear and present danger test d. declared certain kinds of symbolic speech to be unconstitutional e. created a new test to determine whether something was pornographic 24. The Supreme Court has ruled that ______. a. symbolic speech is always protected b. symbolic speech is never protected c. symbolic speech is not protected when it is most likely to inspire fear of bodily harm d. flag burning is not symbolic speech e. symbolic speech may be prohibited when it offends the public’s values 25. It is difficult for the Supreme Court to determine the exact meaning of obscenity because ______. the whole area is so subjective that wide disagreement exists b. few historical cases have examined the issue c. there are so few obscenity tests to choose from d. radical feminists and conservatives strongly disagree on the issue e. teachers and students strongly disagree on the issue...