Which of the following amendments has most recently been held applicable to the states quizlet?

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Terms in this set (73)

Civil [liberties] are rooted sin the Bill of Rights and [limit] what the national government has the power to do.

-liberties
-limit

Which statement best characterizes the level of government that the Bill of Rights offers protections from?

The Bill of Rights is vague, but does offer specific protections for citizens from the national government.

Campaign spending is considered a form of protected free speech.

True

The _______ is primarily concerned with Congress sponsoring or favoring a specific religion, whereas the ______ has to do with Congress prohibiting or interfering with the practice of religion.

-establishment clause
-free exercise clause

The Seneca Falls Convention's "Declaration of Sentiments and Resolutions" furthered which group's civil rights claim?

women

Which policy area was the first to extend civil rights to a segment of the population?

voting

Voting in early America was highly restricted. The first expansion of voting rights permitted _____ who _____ own property to vote.

-white men
-did not

If the government puts you in jail for speaking out against a war, it is a violation of your civil rights.

False

Which of the following are cases that fall under the term "civil rights"?

Correct Answer(s)
-a question of whether it is legal to exclude felons from voting
-a question of whether a country club can deny access to women
-a question of whether children of immigrants should attend public school

Incorrect Answer(s)
-a question of whether police can collect DNA from a suspect during booking

Match each of the following amendments with its purpose.

protects citizens from being tried twice for the same alleged crime (double jeopardy)
-Correct label: Fifth Amendment

protects against unreasonable searches and seizures
-Correct label: Fourth Amendment

protects citizens from being tortured or excessively threatened
-Correct label: Eighth Amendment

protects citizens by giving the right to receive counsel for defense of a crime
-Correct label: Sixth Amendment

The right to bear arms is found in which amendment?

2

Which of the following methods were used in the Jim Crow South to disenfranchise black voters?

Correct Answer(s)
making voters pass a literacy test
introducing grandfather clauses
instituting mandatory poll taxes
Incorrect Answer(s)
passing laws to prevent blacks from voting

Hispanic voter registration typically outpaces that of whites and blacks.

False

Which of the following are the three parts of the Lemon test?

Correct Answer(s)
-Does the practice have a secular legislative purpose?
-Does the practice foster an excessive government entanglement with religion?
-Does the practice advance or inhibit religion?

Incorrect Answer(s)
-Does the practice favor or discriminate against any one religion?

Roe v. Wade was based on which constitutional civil liberty?

right to privacy

How have affirmative action policies evolved over time? Put the following events in order from earliest to most recent.

President Johnson compels the federal civil service to hire minorities.

The federal government makes affirmative action a priority.

The Supreme Court said affirmative action policies must survive strict scrutinity.

Place the following examples of speech into the correct category.

0Protected Speech

A protester burns the Texas state flag.

A person protests outside a politician's funeral.

A person spends her savings on a political campaign.

0Unprotected Speech:

A newspaper publishes detailed U.S. military positions during wartime.

Protesters rally closer to an abortion clinic than a local ordinance permits.

Which of the following statements regarding Chief Justice Marshall's decision on Barron v. Baltimore are accurate?

Correct Answer(s)
If the national government had done what the city of Baltimore did, it would have been unconstitutional.
The Fifth Amendment protects citizens from the national government, not from state and local governments.
Incorrect Answer(s)
John Barron's claim about having been denied property without compensation was fraudulent.
The Fifth Amendment protects citizens from all levels of government, including national, state, and local.

The free exercise clause protects one's right to be a nonbeliever of any religious faith.

True

The Supreme Court has generally [protected] the free exercise of religion, although the government [can] regulate the time, place and manner of that religious practice.

-protected
-can

In comparing the gay rights movement with the black civil rights movement, the Supreme Court case of _____ was similar to the Plessy v. Ferguson decision, while _____ was similar to the Brown v. Board of Education decision.

-Bowers v. Hardwick
-Lawrence v. Texas

What form of speech would be considered "speech plus?"

speech in conjunction with a public protest

What services and protections does the United States allow for unauthorized immigrants?

Correct Answer(s)
access to education
access to medical care
Incorrect Answer(s)
a path to citizenship
Social Security
Medicare

Civil liberties that affect due process and expression were incorporated through various Supreme Court cases over several decades. Indicate whether the following Supreme Court cases affected due process or expression.

due process

Correct label: Miranda v. Arizona (1966)
Correct label: Mapp v. Ohio (1961)
Correct label: Gideon v. Wainwright (1963)

expression

Correct label: Gitlow v. New York (1925)
Correct label: Near v. Minnesota (1931)

Basic political freedoms that protect citizens from governmental abuses of power are called [civil liberties], while things the government must do to ensure that citizens are protected from discrimination are called [civil rights].

civil liberties
civil rights

Which of the following statements about the Fourteenth Amendment are accurate?

Correct Answer(s)
The courts were initially unwilling to enforce its protections.
The Fourteenth Amendment contains both civil liberties and civil rights protections.
Incorrect Answer(s)
The Supreme Court initially interpreted the Fourteenth Amendment to influence civil rights.
Its effects on jurisprudence were not realized until after Shelby County v. Holder.

How have the following contributed to the civil rights of gays and lesbians?

repeal of "Don't ask, don't tell": allowed gay men and women to serve openly in the militarysupreme court ruling on the federal defense of marriage act: expanded recognition of same-sex marriageslawrence v. texas: extended right of privacy as related to intimate contact to gay men and lesbians

Which of the following statements regarding the timeline of selective incorporation are accurate?

Correct Answer(s)
Barron continued to restrict national influence on state laws well into the 1960s.
In the nineteenth century, many states could pass laws that violated due process rights without violating the Constitution.

Incorrect Answer(s)
Due process rights were incorporated first, freedoms of expression came later.
The catalyst for change in the process of selective incorporation was the passage of the Civil Rights Act.

When the Supreme Court incorporates an amendment from the Bill of Rights into the Fourteenth Amendment, it means all the protections from that amendment are guaranteed by the states.

False

Which of the following statements about affirmative action are accurate?

Correct Answer(s)

Quotas for minority students are unconstitutional.

Race may be factored into admissions decisions in a holistic way.

Incorrect Answer(s)

Affirmative action policies must survive intermediate scrutiny.

Race may be used in a point system for admissions decisions.

When a provision from the Bill of Rights is incorporated into the Fourteenth Amendment, it means that _____ has ruled that it applies to _____.

the Supreme Court
the states and the national government

Constitutional rights are afforded only to U.S. citizens.

False

What was the aftermath of the Barron v. Baltimore decision?

The courts refused to extend Bill of Rights protections to state laws.

Why was the 1896 Supreme Court case Plessy v. Ferguson important?

It established the "separate but equal" rule.

In the twentieth century, which branch of government was the first to assert black Americans' voting rights?

the Supreme Court

The Supreme Court case of Shelby County v. Holder reduced protections for minority voting rights.

True

Order these types of speech from most protected to least protected.

freedom of the pressspeech pluscommercial speech

Imagine that you have been arrested for a speech criticizing the government. In which years, and under which levels of government, would this be an unconstitutional violation of your civil liberties?

Arrest Would Be Unconstitutional:

The year is 1986 and you were arrested by the state government.

The year is 1886 and you were arrested by the federal government.

The year is 1986 and you were arrested by the federal government.

Arrest Would Be Constitutional:

The year is 1886 and you were arrested by the state government.

The Fourth Amendment protects citizens from unreasonable ______. It does this by guaranteeing citizens due process of law and by applying the _____ which makes evidence from illegal searches inadmissible.

searches and seizures

exclusionary rule

How did each of the following policies contribute to the expansion of civil rights in the United States?How did each of the following policies contribute to the expansion of civil rights in the United States?

outlawed job discrimination based on gender Title VII of the Civil Rights Act of 1964

ended the era of "separate but equal" schools
Brown v. Board of Education

guaranteed equal protection under the law
Fourteenth Amendment

Which of the following statements about the freedom of speech are accurate?

Correct Answer(s)

courts are less likely to strike down highly specific speech restrictions

the freedom of speech is nearly absolute

courts are more likely to uphold neutral restrictions

Incorrect Answer(s)

the freedom of speech can be limited if it is insulting or hurtful

Which of the following describes what has happened in recent years to the principle of free exercise?

Correct choice
It has been strengthened by legislation and court decisions.

Due process rights refer to citizens' right to participate in the political process.

False

The right to privacy was established in which case?

Griswold v. Connecticut

Which religious practices has the Supreme Court found to violate the "wall of separation?"

Correct Answer(s)
prayers before a public high school football game
mandating the Bible be taught in a public school's American government course

Incorrect Answer(s)
beginning each session of Congress with a prayer
printing "In God We Trust" on U.S. currency

Which of the following best describes the pattern of court cases dealing with the right to bear arms over the course of our nation's history?

The Supreme Court did not deal with many Second Amendment cases until the twenty-first century.

...

League of United Latin American Citizens founded

Mendez v. Westminster Supreme Court case

Mexican American student movement

How has the Supreme Court's treatment of gender-based employment discrimination related to its consideration of other forms of gender-based discrimination?

The Court has expanded protections in areas like sexual harassment more than it has in employment discrimination.

The Supreme Court has held that there is _______ public interest in permitting "fighting words," and/though the Court has ______ most convictions based on the use of fighting words.

no

reversed

In the 1970s, the Supreme Court issued several rulings that had an important impact on the rights of Asian Americans. Which of the following topics did the Court rule on?

Correct Answer(s)

literacy tests

language of education

Incorrect Answer(s)

eligibility of immigrants for citizenship

immigration standards

Prior to the Nineteenth Amendment, states in which region were most likely to grant women full voting rights?

West

The following chart shows the percentage of southern black children who attended school with white children over time.

Congress's passage of the Civil Rights Act

The Equal Rights Amendment was added to the Constitution in 1972.

False

Which of the following statements regarding the Supreme Court's treatment of the establishment clause is most accurate?

The Supreme Court has given inconclusive rulings on government's relationship with religion.

Selective incorporation was a process that occurred in fits and starts and was not smooth and incremental.

True

In the first 60 years after its passage, what effect did the Fifteenth Amendment have on black turnout for elections?

It had limited impact on the number of black voters.

Why are the Miranda rights important?

Correct Answer(s)
The Miranda rights notify citizens that they have protection from self-incrimination.
The Miranda rights remind citizens that they can use a lawyer in their defense.
The Miranda rights remind citizens that there are lawyers paid for by the government to work on their defense.
Incorrect Answer(s)
The Miranda rights remind citizens that due process of law makes evidence from illegal searches admissible in court.

Which of the following statements about Title VII of the Civil Rights Act are accurate?

Correct Answer(s)
The plaintiff must show that his or her hardship was the result of deliberate discrimination.
Over time, the courts have been more restrictive in how they treat cases of employment discrimination.
Incorrect Answer(s)
Title VII of the Civil Rights Act was overturned by Ledbetter v. Goodyear.
Title VII outlaws discrimination from public employers, not private employers.

Which elements of the Constitution did the Supreme Court invoke to develop the right to privacy?

Correct Answer(s)
Fifth Amendment
First Amendment
Third Amendment
Fourth Amendment
Incorrect Answer(s)
Second Amendment
Article II

What was the main motivation behind the American government's decision to repeal the Chinese Exclusion Acts?

The government wanted to maintain the support of a wartime ally.

Which amendment was most responsible for reversing Barron v. Baltimore and imposing some Bill of Rights protections on the states?

the Fourteenth Amendment

What challenges did African Americans face after Brown v. Board of Education?

Correct Answer(s)
De facto school segregation continued in the North and South.
Housing remained racially segregated.
African Americans still could not vote in many southern states.
Incorrect Answer(s)
Brown v. Board of Education ended discrimination against African Americans.

In the twentieth century, which branch of government was the first to dramatically expand women's access to education?

Congress

Which of the following situations are examples of libel?

Correct Answer(s)
A newspaper falsely accuses a mayor of corruption with the intention of damaging his career.
A magazine that wants to boost its circulation knowingly publishes an article making a false accusation about a senator running a gambling ring.
Incorrect Answer(s)

What effects did the Americans with Disabilities Act (ADA) of 1990 have?

Correct Answer(s)
It outlawed discrimination against individuals on the basis of disabilities.
It called for making all public businesses accessible to those with disabilities.
It called for employers to make reasonable accommodation for workers with disabilities.
Incorrect Answer(s)
It imposed quotas on the number of individuals with disabilities in a company.

Imagine you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information, so it sues you to prevent you from publishing it.
The government is attempting to engage in which kind of censorship?

prior restraint

Which of the following are principles that answer the questions of "who" enjoys civil rights and "how much?"

Maintains Principles of Civil Rights
Civil rights should be universal.
Civil rights should be equal.
Violates Principles of Civil Rights
Civil rights should be extended to the groups who work for them.
Civil rights should be expanded once a group proves it can handle having them.

How does the "wall of separation" apply to the establishment clause?

Correct Answer(s)
The "wall of separation" refers to the dissociation between church and state.

Incorrect Answer(s)
The "wall of separation" separates the establishment clause from the free exercise clause.
The "wall of separation" refers to a recent law that keeps religious individuals from persecuting nonreligious individuals.
The "wall of separation" protects the rights of nonbelievers.

In recent years, the Supreme Court has _____ consistently ______ applied the Second Amendment to the states.

consistently
and

What does the free exercise clause allow?

Correct Answer(s)
The clause allows citizens to believe and practice whatever religion they choose.
The clause allows individuals to abstain from religion.

Incorrect Answer(s)
The clause prevents individuals from constructing their own church buildings.
The clause requires every individual, regardless of religion, to recite the Pledge of Allegiance to the American flag.

Which Supreme Court case ended legal segregation in public schools?

Brown v. Board of Education

The original purpose of the Second Amendment was to provide for a state militia.

True

In 2008, a landmark ruling in the District of Columbia v. Heller case recognized a(n) ______ right to bear arms for the purpose(s) of _______.

individual
self-defense

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Which of the following amendments have been selectively incorporated to the states?

Rights Applied to States Through Selective Incorporation Among those that do apply to states are: First Amendment: Freedom of religion, speech, press, and assembly. Second Amendment: The right to keep and bear arms. Fourth Amendment: Freedom from unreasonable search and seizure.

Which of the following rights was incorporated most recently quizlet?

Which civil liberty was the most recent to be incorporated (applied to the states) by the Supreme Court? The Second Amendment's protection of the right to bear arms was the most recent Bill of Rights provision to be incorporated by the Supreme Court, in the case of McDonald v. Chicago (2010).

How many amendments have been made to the Constitution since it was ratified quizlet?

There are a total of 27 ratified Amendments to the US Constitution, which was put into operation in 1789. The first 10 are called the Bill of Rights.

Which of the following does the First Amendment now prohibit the US government from doing quizlet?

The First Amendment includes both an "Establishment" clause that prohibits government officials from favoring any particular religion and a "Free Exercise" clause that prohibits government officials from unduly interfering with an individual's right to practice their religious beliefs as they choose.

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