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We The People An Introduction to American Government 12th Edition by Thomas Patterson Test Bank
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Chapter 02
Constitutional Democracy: Promoting Liberty and Self-Government
Multiple Choice Questions
- The idea that government should be restricted in its lawful uses of power and hence in its ability to deprive people of their liberty is expressed by the term
A.federalism.
B. self-government.
C. judicial review.
D. limited government.
E. natural rights.
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- ________ was the primary author of the Declaration of Independence.
A.John Locke
B. Thomas Jefferson
C. James Madison
D. George Washington
E. Alexander Hamilton
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- Early Americans’ preference for limited government was strengthened by
A.their exposure to life under the British Parliament and some of the “rights of Englishmen.”
B. Lockean philosophy.
C. Britain’s treatment of the colonies after the French and Indian War.
D. taxation without representation.
E. All these answers are correct.
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- Which of the following chronologies is correct?
A.Boston Tea Party (1773); First Continental Congress (1774); and beginning of the American Revolution (1775)
B. Shays’ Rebellion (1773); Annapolis Convention (1774); and Declaration of Independence (1776)
C. Stamp Act (1775); Declaration of Independence (1776); and Philadelphia Convention (1788)
D. Common Sense (1769); Declaration of Independence (1776); and The Federalist Papers (1783)
E. Declaration of Independence (1776); Articles of Confederation (1787); Constitution (1791); and Federalist No. 10 (1795)
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- The European philosopher whose concept of natural rights had a great impact on American politics is
A.Montesquieu.
B. Locke.
C. Hobbes.
D. Aristotle.
E. Burke.
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- The words of the Declaration of Independence reflected
A.Aristotle’s conception of democracy.
B. Montesquieu’s view of constitutionalism.
C. Hobbes’s idea of the state of nature.
D. Locke’s philosophy of inalienable rights.
E. Madison’s view of factions.
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- According to John Locke, inalienable rights in a social contract
A.belong to the government only.
B. belong to individuals but can be denied by government.
C. belong to individuals and cannot be denied by government.
D. cannot be guaranteed by any governmental body.
E. are no longer as important to the individual as in a state of nature.
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- The inalienable rights enumerated in the Declaration of Independence are
A.life, liberty, and the pursuit of happiness.
B. liberty, equality, and fraternity.
C. life, liberty, and property.
D. life and property only.
E. equality and liberty only.
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- The first plan of government for the United States was a
A.confederation.
B. federalist system.
C. unitary form of government.
D. monarchy.
E. theocracy.
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- Which of the following was NOT provided for by the Articles of Confederation?
A.a national Congress
B. each state having one vote in Congress
C. unanimous approval by the states to amend the Articles
D. a federal government subordinate to the states
E. an independent federal executive
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- Under the Articles of Confederation, Congress had the power to
A.regulate commerce between states.
B. regulate commerce between states and foreign countries.
C. tax individual citizens.
D. tax individual states.
E. amend the Articles of Confederation.
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- Shays’ Rebellion
A.was a successful revolt.
B. convinced many political leaders that the national government was too powerful.
C. convinced many political leaders that the national government was too weak.
D. reinforced public support for the Articles of Confederation.
E. occurred after the Philadelphia convention of 1787.
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- The Annapolis convention
A.produced several amendments to the Articles of Confederation.
B. was convened to fix problems that arose with the United States Constitution.
C. officially ratified the Bill of Rights.
D. was attended by less than half the thirteen states.
E. was a crucial step that led to the United States declaring independence from Britain.
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- Under the Virginia Plan
A.the new Constitution would be only marginally stronger than the Articles of Confederation.
B. slaves would count as four-fifths of a person when apportioning legislative representatives.
C. large states would have more representatives in both chambers of Congress.
D. Congress could not regulate either interstate trade or international trade.
E. two of the northern states would have had no representatives at all in Congress.
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- Under the New Jersey Plan, each state would have ____ vote(s) in Congress.
A.one
B. two
C. three
D. four
E. five
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- The Great Compromise produced
A.checks and balances.
B. the abolition of slavery.
C. a bicameral Congress.
D. separation of powers.
E. federalism.
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- The “Three-Fifths Compromise” was a response to
A.conflict over the institution of slavery.
B. the concerns of small states.
C. apportionment in the U.S. Senate.
D. the Electoral College.
E. the demands of large states.
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- Under the original Constitution, Congress could not ban the slave trade until ________.
A.1808
B. 1828
C. 1848
D. 1865
E. 1887
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- Which of the following states had the lowest percentage of African Americans in 1790?
A.Georgia
B. Pennsylvania
C. South Carolina
D. North Carolina
E. Virginia
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- The Constitution was ratified by
A.the people.
B. local referendums.
C. the states.
D. the Supreme Court.
E. the Continental Congress.
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- In order for the Constitution to go into effect, at least this number of states would need to ratify it
A.five.
B. seven.
C. nine.
D. eleven.
E. thirteen.
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- Most Anti-Federalists feared that the new government would be dominated by
A.political elites.
B. farmers.
C. clergymen.
D. political “factions.”
E. debtors.
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- Presidents are
A.directly selected by the people.
B. selected by votes of the state legislatures.
C. selected by votes of the Electoral College.
D. subject to recall elections.
E. subject to confidence votes by Congress.
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- The Federalist Papers were written by
A.Washington, Adams, and Jefferson.
B. Franklin, Washington, and Lee.
C. Jefferson, Locke, and Montesquieu.
D. Madison, Hamilton, and Jay.
E. Marshall, Jefferson, and Adams.
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- The document explaining the ideas of the Constitution and urging its ratification is
A.the Mayflower Compact.
B. the Declaration of Independence.
C. The Anti-Federalist Papers.
D. The Federalist Papers.
E. the Declaration of Conscience.
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- During the debates over the ratification of the Constitution, most people assumed that this person would be the first president:
A.James Madison
B. George Washington
C. Thomas Jefferson
D. Alexander Hamilton
E. Benjamin Franklin
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- ________ presided over the Philadelphia convention of 1787.
A.Benjamin Franklin
B. Gouverneur Morris
C. Edmund Randolph
D. James Madison
E. George Washington
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- The Federalists gained enough votes to get the Constitution ratified when they promised this:
A.a bill of rights to be quickly added to the Constitution
B. a banning of the slave trade after 1808
C. the right of states to disobey any national law they didn’t like
D. James Madison to be the first president
E. a Supreme Court with the right of judicial review
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- In which of the following states was the vote for the ratification of the Constitution very close?
A.Maryland
B. Georgia
C. Pennsylvania
D. New York
E. New Jersey
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- Through the grants of power in the Constitution, the framers sought to
A.define the powers of state governments.
B. create a government in which sovereignty was invested in the national government only.
C. both empower government and limit it.
D. enumerate the rights of individuals.
E. abolish slavery.
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- The Constitution prevents the government from suspending the writ of habeas corpus, meaning that the government cannot
A.prosecute persons for acts that were legal at the time they were committed.
B. establish a state religion based on Christian beliefs.
C. enact laws that would legalize the practice of indentured servitude.
D. jail a person without a court hearing to determine the legality of his or her imprisonment.
E. silence freedom of the press.
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- The Constitution forbids Congress from
A.proposing constitutional amendments.
B. passing ex post facto laws.
C. declaring war.
D. proposing the repeal of constitutional amendments.
E. creating a national university.
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- Where is the Bill of Rights found in the Constitution?
A.Article I, Section 8
B. Article II
C. the first ten amendments
D. amendments 17 through 26
E. Article III
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- In Federalist No. 10, James Madison argued that
A.government is most dangerous when a single group is powerful enough to gain full political control.
B. monarchies are preferable to democracies.
C. America was not diverse enough to prevent powerful interest groups from exercising too much political power.
D. interest groups should be heavily regulated in America.
E. interest groups are less troublesome than political parties.
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- The origin of the concept of separation of powers is most associated with
A.Montesquieu.
B. Aristotle.
C. Hobbes.
D. Locke.
E. Jefferson.
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- The framers’ most significant modification of the traditional doctrine of the separation of powers was to
A.include federalism.
B. include a two-chamber legislature.
C. define legislative power precisely, while defining executive and judicial power only in general terms.
D. ensure that the powers of the separate branches overlap, so that each could better act as a check on the others.
E. grant the power of judicial review to the judiciary.
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- The principle of checks and balances is based on the notion that
A.leaders are the trustees of the people.
B. a weak government is always preferable to a strong government.
C. all legislative and executive action should be controlled through judicial power.
D. power must be used to offset power.
E. legislators and executives cannot be trusted, but judges are trustworthy.
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- Judicial review is the power of the American courts to
A.declare a law unconstitutional.
B. suspend the writ of habeas corpus.
C. impeach the president.
D. give advisory opinions to Congress.
E. give advice and counsel to the president.
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- Which of the following is an example of checks and balances?
A.the veto
B. the impeachment process
C. approval of treaties
D. judicial review
E. All these answers are correct.
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- Presidential appointments and treaties must be approved by
A.Congress.
B. only the president.
C. the Senate.
D. the Supreme Court.
E. the secretary of state.
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- Which of the following is NOT among the checks Congress has on the executive?
A.power to ratify treaties
B. power to approve executive appointments
C. power to appropriate funding
D. power to impeach
E. power to declare an executive action unlawful
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- In practice, the most significant restraint imposed by Congress on the president is its
A.ability to override presidential vetoes.
B. power of impeachment.
C. power to make the laws and appropriate money, for these determine the programs the executive can implement.
D. power to approve presidential appointees.
E. power to investigate presidential activities.
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- Which of the following nations is often noted as an example of a government that has a system of checks and balances but is often plagued by political extremes?
A.France
B. Japan
C. Mexico
D. Great Britain
E. Canada
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- The Bill of Rights was added to the Constitution
A.by the framers during the Philadelphia convention.
B. in stages, from 1789 to 1798.
C. in response to the freeing of the slaves during the Civil War.
D. in response to the ideals of Jacksonian democracy.
E. None of these answers is correct.
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- Marbury v. Madison is a landmark Supreme Court decision because it
A.established national supremacy.
B. set the precedent for judicial review.
C. defined the scope of state powers under the Tenth Amendment.
D. affirmed the necessary and proper clause.
E. helped to end Thomas Jefferson’s political career.
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- Who was serving as chief justice of the Supreme Court when it decided the case of Marbury v. Madison?
A.John Marshall
B. Thomas Jefferson
C. John Adams
D. James Madison
E. Edmund Burke
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- How did Congress retaliate to the Supreme Court’s reprimand, in Marbury v. Madison, that it had passed legislation that exceeded its constitutional authority?
A.It passed legislation to reduce the power of judicial review.
B. It forced the Court to accept the power to issue writs of mandamus.
C. Congress had no effective way to retaliate.
D. It voted to impeach the Chief Justice.
E. It completely disregarded the Court’s ruling.
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- Marbury v. Madison was an ingenious decision because it
A.turned a case that involved the issue of states’ rights into one that asserted national power.
B. redefined the constitutional relationship between the president and Congress.
C. asserted the power of the judiciary without creating the possibility of its rejection by either the executive or the legislative branch.
D. turned a case that involved the issue of states’ rights into one that asserted judicial power over the institutions of society.
E. gave more power to the presidency, at the expense of Congress.
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- To the framers, the great danger of democratic government was the risk of
A.tyranny of the majority.
B. elite rule.
C. special-interest politics.
D. a weak presidency.
E. judicial imperialism.
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- The framers of the Constitution preferred which of the following political arrangements?
A.a republic as opposed to a pure democracy
B. a monarchy as opposed to a constitutional system
C. a pure democracy over a republic
D. a pure democracy over a representative democracy
E. socialism over capitalism
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- The writers of the Constitution used the term ________ to describe a form of government that consists of carefully designed institutions that are responsive to the majority but not captive to it.
A.democracy
B. republic
C. federalism
D. majoritarianism
E. separation of power
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- The framers entrusted the selection of U.S. senators to
A.specially chosen electors.
B. state legislatures.
C. direct vote of the people.
D. state governors.
E. federal magistrates.
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- The writers of the Constitution devised the Electoral College as the method of choosing presidents because
A.direct election was impractical due to the poor systems of communication and transportation that existed in the late 1700s.
B. that method would shield executive power from direct linkage to popular majorities.
C. that method guaranteed a majority winner.
D. that method would give weight to the preferences of ordinary people.
E. the framers had a great deal of faith in the wisdom of the masses.
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- The term of office for a U.S. senator is ________ years, while that of a member of the U.S. House is ________ years.
A.six; two
B. four; two
C. six; four
D. four; four
E. eight; four
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- The writers of the Constitution justified different methods of selection and varying terms of office for the president, Senate, and House as a means of
A.increasing popular influence.
B. protection against rapid control by an impassioned majority.
C. preventing elite control of government.
D. maintaining experienced leadership.
E. increasing voter turnout.
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- All but one state constitution formed after the American Revolution
A.provided for choosing governors in direct annual elections.
B. provided for a less direct form of self-government than the national-level framers intended.
C. provided for annual legislative elections.
D. included more severe checks and balances than the U.S. Constitution.
E. drastically limited the power of the executive in comparison to the legislature.
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- President John Adams publicly indicated that
A.the federal government would not use force against common people that were simply seeking their inalienable rights.
B. the Constitution was designed for a governing elite.
C. dissent against the federal government would be welcomed as part of the birthing pangs of a republic.
D. he disagreed with the concept of a republic and preferred more direct democratic rule.
E. he felt he was the president of the “common folk.”
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- ________ referred to his victory in the presidential election as the “Revolution of 1800.”
A.John Adams
B. Andrew Jackson
C. John Marshall
D. Thomas Jefferson
E. James Madison
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- Which of the following developments in the national political system did NOT provide for more popular control?
A.primary elections
B. direct election of U.S. senators
C. recall elections
D. initiative and referendum
E. judicial review
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- Andrew Jackson persuaded the states to choose their presidential electors
A.on the basis of the popular vote.
B. by a vote of the state legislature.
C. by a vote of Congress.
D. by a presidential convention.
E. on the basis of one state, one elector.
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- Progressive reforms included
A.primary elections.
B. direct election of U.S. senators.
C. the initiative and referendum.
D. recall elections.
E. All these answers are correct.
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- The direct election of U.S. senators came about due to
A.passage of the Second Amendment.
B. political pressure from the Progressives.
C. Jeffersonian democracy.
D. Jacksonian democracy.
E. the fact that state legislators no longer desired to select them.
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- A contemporary legislator who voted for a bill because of a belief in its benefit, even though his constituents back home overwhelmingly opposed the bill, would be performing the Edmund Burke role of
A.trustee.
B. delegate.
C. statesperson.
D. politician.
E. oversight.
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- Edmund Burke’s idea of representatives as trustees was based on the claim that
A.representatives should follow their own judgment of the public interest.
B. representatives should follow the voters’ judgment of the public interest.
C. indirect election is a more trustworthy means of discovering the public interest.
D. direct election is a more trustworthy means of discovering the public interest.
E. None of these answers is correct.
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- In his criticism of the Constitution, the economist Charles Beard argued that
A.the Constitution’s elaborate systems of power and representation were designed to protect the interests of the rich.
B. the Constitution failed to protect the economic interests of the poorer states.
C. the Constitution’s commerce clause was inadequate to meet the nation’s economic needs.
D. the Constitution did not provide for sufficient protection of property.
E. the Constitution gave too much power to the illiterate.
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- Which of the following aspects of U.S. government might be used as part of an argument that the U.S. is less democratic than some other democracies?
A.the extension of popular direct election to office
B. the frequency of election of its larger legislative body
C. its extensive reliance on primary elections
D. the frequency of election of its chief executive
E. its staggered terms of office of members of the legislature
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Essay Questions
- Explain why early Americans admired limited government.
Two main factors were the colonists’ English heritage and pre-revolutionary experiences. In terms of the former, the British king was restricted by Parliament, and the English people had certain rights, such as a trial by jury. In addition, the colonial charters served as prototypes for constitutionalism and limited government; each provided for an elected representative assembly and placed restrictions on the uses of political power. Most colonists were also Protestants, and many of them belonged to sects that had self-governing congregations.
- Define limited government and its relation to liberty. Explain ways in which the Constitution limits government.
Limited government is a government that is subject to strict limits on its lawful uses of power, and hence its ability to deprive people of their liberty. The framers established a number of major ways the Constitution limits the government. One was confining the scope of government to grants of power: powers granted to the national government by the Constitution. Powers not granted to it are denied to it unless they are necessary and proper to the carrying out of granted power. Another method was denials of power: powers expressly denied to the national and state governments by the Constitution. A further aspect of limited government was separated institutions sharing power: the division of the national government’s power among three branches, each of which is to act as a check on the other two. The Bill of Rights further limited government by specifying individual rights that the national government must respect. Federalism divided political authority between the national government and the states, enabling the people to appeal to one authority if their rights and interests are not respected by the others. Elections of leadership provided the people with a method of removing leaders from office if they are not satisfied with their performance. Some analysts include judicial review in this list, even though it is not explicitly provided for in the Constitution.
- Define judicial review and explain its origin and importance.
Judicial review is the process whereby the courts, especially the Supreme Court, judges the constitutionality of executive and legislative actions. Judicial review is important first because it dramatically increases the power of the judicial branch to check the actions of the other two branches. Second, judicial review is a powerful instrument for protecting limited government. The 1803 landmark case of Marbury v. Madison set the precedent for judicial review by invalidating an act of Congress.
- The framers of the Constitution understood democracy and republic to mean different things. Explain this difference and identify which concept the framers favored.
As the framers understood the word democracy, it referred to a political system in which the people decided public issues, either directly or through representatives, and without any curbs on their power. In a republic, on the other hand, the power of the people was checked by a higher law (i.e., the Constitution), which prevented a majority from using the apparatus of government to prosecute or exploit a minority. The framers supported the republican system because they feared a democracy would lead to tyranny of the majority. While this threat could never be eliminated totally, the framers believed that properly structured representative institutions would greatly diminish the threat. Thus, they believed that political power, though responsive to the public, must be separated from immediate popular influences if sound policies are to result. For the framers, republic meant a government that consists of carefully designed institutions that are responsive to the majority but not captive to it.
- Discuss constitutional democracy as conceived by the framers. Include a brief discussion of Edmund Burke’s philosophy.
According to the framers, a representative democracy would guard against chaos and civil unrest by incorporating the principle of majority rule along with built-in protection against excessive majoritarianism. The objective was a government sensitive to the majority’s immediate concern that was also able to promote long-term societal interests. This objective is in line with Burke’s concept of public trustees, which argued that representatives should use their best judgment of what is good for society rather than blindly following the desires of the voting public.
- Explain how provisions for majority rule have changed throughout U.S. history. Include examples from the Jacksonian era and the Progressive movement.
The Constitution made only a small provision for majority rule; the House of Representatives was the only popularly elected institution. During the Jacksonian era, the power of the majority increased, partly through the linking of a state’s electoral votes to its popular votes. The Progressives furthered this development through, for example, direct election of U.S. senators, the introduction of the primary election, and the referendum and the initiative.
Chapter 04
Civil Liberties: Protecting Individual Rights
Multiple Choice Questions
- The term civil liberties refers to specific individual rights that
A.apply in civil cases but not in criminal cases.
B. apply in civil cases but not in military ones.
C. are constitutionally protected from infringement by government.
D. are constitutionally protected from infringement by individuals.
E. are not covered by the First Amendment.
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- The individual right that is widely regarded as the most basic of individual rights is
A.the right to an attorney.
B. freedom of expression.
C. the right to a jury trial.
D. the right to an adequate education.
E. protection against illegal searches and seizures.
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- Which constitutional amendment protects the individual against self-incrimination?
A.First
B. Second
C. Fourth
D. Fifth
E. Ninth
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- Like all other rights, the right of free expression is
A.spelled out in precise terms in the Bill of Rights.
B. not absolute.
C. fully respected by public officials.
D. protected from action by federal officials but not state officials.
E. None of these answers is correct.
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- The right to counsel is guaranteed by the ________ Amendment.
A.First
B. Fifth
C. Sixth
D. Ninth
E. Tenth
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- Which of the following amendments contains a due process clause?
A.First
B. Tenth
C. Third
D. Fourteenth
E. Twenty-first
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- The individual freedoms in the Bill of Rights were extended by the Fourteenth Amendment to include protection from deprivation of due process rights by
A.actions of the president.
B. the actions of individuals.
C. actions of the federal government.
D. actions of state and local governments.
E. actions of the U.S. military.
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- The inclusion of certain provisions of the Bill of Rights through the Fourteenth Amendment, so that these rights are protected from infringements by the state governments, is called
A.the preferred position doctrine.
B. procedural change.
C. selective incorporation.
D. the absorption doctrine.
E. prior restraint.
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- How did the Supreme Court’s position on the rights of the accused in state courts change in the 1960s?
A.The Supreme Court began to allow states greater freedom to interpret the rights of the accused.
B. The Supreme Court began to dramatically reduce federal power to force the states to make special accommodations for the rights of accused minorities.
C. The Supreme Court began to protect the rights of the accused from action by the states.
D. The Supreme Court position did not change noticeably.
E. The Supreme Court ceased to enforce the practice of selective incorporation.
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- In Mapp v. Ohio, the selective incorporation process was extended to include
A.criminal proceedings in the states.
B. civil cases.
C. pleas of insanity.
D. children (minors) accused of crime.
E. indigent litigants.
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- Gideon v. Wainwright is to the Sixth Amendment as Mapp v. Ohio is to the
A.First Amendment.
B. Fourth Amendment.
C. Fifth Amendment.
D. Eighth Amendment.
E. Tenth Amendment.
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- According to Freedom House, which of the following countries has the highest degree of freedom?
A.Japan
B. Mexico
C. Guatemala
D. Russia
E. United States
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- The freedoms of speech, press, assembly, and petition are found in
A.the First Amendment.
B. the Fourth Amendment.
C. the Sixth Amendment.
D. the Tenth Amendment.
E. the Fourteenth Amendment.
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- Which of the following is NOT protected by the First Amendment?
A.freedom of speech
B. freedom of press
C. freedom of assembly
D. freedom of bearing arms
E. freedom of religion
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- Which of the following is true about the Sedition Act of 1798?
A.The Act prohibited malicious newspaper stories about the president.
B. The Supreme Court ruled the Act unconstitutional.
C. The Senate voted it down, while the House passed it.
D. Thomas Jefferson strongly supported it.
E. The state governments refused to enforce it.
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- In Schenck v. United States (1919), the Supreme Court ruled that
A.the Espionage Act was unconstitutional.
B. speech could be restricted when the nation’s security is at stake.
C. speech unrelated to national security can never be restricted.
D. speech by unpopular groups can be restricted more than speech by popular groups.
E. all forms of political dissent are constitutional.
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- If a person yells “fire” in a crowded theater when there is no fire, and people are hurt in the ensuing panic, that individual abused his/her freedom of speech according to the doctrine of
A.malice.
B. clear and present danger.
C. unlawful assembly.
D. privacy.
E. prior restraint.
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- Justice Holmes’s “clear and present danger” test holds that government can
A.restrict speech that threatens national security.
B. restrict any speech of an inflammatory nature.
C. imprison political dissidents during time of war without following normal procedures.
D. engage in prior restraint of the press whenever national security is at issue.
E. restrict speech that is disrespectful to specific classes of citizens.
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- The conviction of members of the U.S. Communist Party in the early 1950s was initially upheld as a lawful restriction of the right
A.not to incriminate oneself.
B. of free speech.
C. to a jury trial.
D. to confront one’s accusers in a court of law.
E. to worship any religion of choice.
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- In its 2011 Snyder v. Phelps ruling, the Supreme Court held that Westboro Baptist Church protests at military funerals
A.were unconstitutional because the funerals were military, but they would have been constitutional at civilian funerals.
B. would need specific prior approval by a federal judge.
C. were a constitutionally protected form of free speech.
D. could not be considered constitutionally protected freedom of assembly.
E. were a state matter and must be decided on a case-by-case basis in state courts.
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- In its 1969 Brandenburg v. Ohio ruling, the Supreme Court established the ________ test.
A.Imminent Lawless Action
B. Lemon
C. SLAPS
D. Clear and Present Danger
E. Cry Wolf
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- The Supreme Court
A.has ruled that even forms of symbolic speech considered to be dangerous to the public are protected.
B. ruled during the Vietnam war that the burning of draft registration cards was a protected form of symbolic speech.
C. has reduced its protections of symbolic speech dramatically, and recently has ruled against flag burning as a form of protected symbolic speech.
D. has protected symbolic speech much more substantially than it has protected verbal speech.
E. has generally protected symbolic speech, though less substantially than it has protected verbal speech.
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- In the Johnson flag-burning case, the Supreme Court ruled that
A.flag burning is an imminent danger to public safety.
B. flag burning is not symbolic speech.
C. flag burning, although offensive, cannot be prohibited.
D. flag burning can be prohibited by the national government but not by the states.
E. flag burning could be banned by Congress.
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- Government can lawfully prevent a political rally from taking place
A.under no circumstances; people have an unconditional right to express their views.
B. when the rally would require unduly expensive police protection.
C. when the views of those holding the rally are unpopular.
D. when it can demonstrate that harmful acts will necessarily result from the rally.
E. None of these answers is correct.
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- According to the Supreme Court, which is true regarding freedom of assembly?
A.Individuals have the right to command immediate access to a public auditorium.
B. Individuals have the right to hold a public rally in the middle of a busy intersection at a time of their choosing.
C. Public officials can regulate the time, place, and conditions of public assembly, provided the regulations are reasonable.
D. Public officials can prohibit assembly by unpopular groups.
E. Freedom of assembly is an absolute right, because it is in the First Amendment.
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- The Supreme Court’s position on prior restraint of the press is that
A.national security needs are of highest priority.
B. only classified government documents are subject to prior restraint.
C. prior restraint can never be exercised by government.
D. prior restraint should apply only in rare circumstances, and it is better to hold the press responsible for what it has printed than to restrict what it may print.
E. prior restraint should be used fairly frequently in a democracy.
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- According to the Supreme Court, prior restraint on the press is only acceptable if
A.lower federal courts approve the action.
B. the government can clearly justify the restriction.
C. the press itself willingly accepts that restraint.
D. the press is careless in its claims.
E. the press is malicious in its intent.
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- Spoken words that are known to be false and harmful to a person’s reputation are an example of
A.libel.
B. slander.
C. blasphemy.
D. obscenity.
E. symbolic speech.
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- Libel applies to defamation of an individual’s reputation through the
A.written word.
B. spoken word.
C. written and spoken word.
D. written, spoken, and symbolic word.
E. None of these answers is correct.
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- (p. 114)The establishment clause prohibits government from
A. establishing exceptions to the Bill of Rights.
B. establishing exceptions to the Fourteenth Amendment.
C. favoring one religion over another or supporting religion over no religion.
D. interfering with freedom of assembly.
E. interfering with the right to bear arms.
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- According to the Supreme Court, prayer in public schools violates
A.the free exercise clause.
B. the establishment clause.
C. the exclusionary rule.
D. procedural due process.
E. the clear and present danger test.
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- Voluntary school prayer in the public schools was ruled unconstitutional in
A.Escobedo v. Illinois (1964).
B. Engel v. Vitale (1962).
C. Buckley v. Valeo (1976).
D. Gitlow v. New York (1925).
E. Roth v. United States (1957).
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- According to the Supreme Court, what is the status of prayer in the public schools?
A.Formal prayer is not allowed, but moments of silence are constitutional.
B. State-supported prayers are not allowed in public schools.
C. Prayer is now allowed, but each school must allow students to leave the classroom when prayers are read aloud.
D. Teacher-led bible readings in public schools are constitutional.
E. Student-led prayers at public school football games are constitutional.
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- The Lemon test is designed to
A.test a state’s practice of guaranteeing procedural due process rights.
B. ensure the secular nature of a government action.
C. prevent a prosecution or defense from creating a biased jury.
D. test state adherence to rights protected by proxy in the Fourteenth Amendment.
E. ensure that a defendant has been given access to counsel from the time of arrest through a trial.
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- In the 2014 case of Burwell v. Hobby Lobby Stores, the Supreme Court ruled that
A.the Patient Protection and Affordable Care Act does not require employers to provide insurance for employees.
B. companies with only a few owners can refuse, on religious grounds, to include contraceptives in employees’ health coverage.
C. businesses can decide which employees deserve employer-paid health insurance based on employee performance.
D. the free exercise of religion clause in the First Amendment does not apply to the secular business practices of corporations.
E. All of these answers are correct.
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- In 1987 the Supreme Court ruled that creationism
A.has as much evidence supporting it as the theory of evolution does.
B. must be taught in public schools whenever evolution is taught.
C. is a scientific theory, not a religious doctrine.
D. is a religious doctrine, not a scientific theory.
E. is both a scientific theory and a religious doctrine.
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- What was the main conclusion of the Supreme Court’s 2008 decision in District of Columbia v. Heller and its 2010 decision in McDonald v. Chicago?
A.The Second Amendment applies only to federal law, not state law.
B. Cities and states can ban gun ownership, but the federal government cannot.
C. Citizens are allowed to own guns for legitimate purposes, such as protecting the home.
D. Governments can ban ownership of guns, except for people who serve in the military or the National Guard.
E. Governments cannot place any restrictions on gun ownership.
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- The Supreme Court has reasoned that a right of privacy is provided by
A.the Civil Rights Act of 1964.
B. the Ninth Amendment, which says that people’s rights are not limited to those enumerated in the Constitution.
C. the Tenth Amendment, which reserves to the people and the states those powers not granted to the federal government.
D. the implication of the right to privacy by the freedoms in the Bill of Rights.
E. the Civil Rights Act of 1991.
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- The right to privacy was instrumental in which decision?
A.Roe v. Wade
B. Mapp v. Ohio
C. Schenck v. United States
D. Miranda v. Arizona
E. New York Times Co. v. United States
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- In Planned Parenthood v. Casey (1992), the justices
A.ruled that states are free to adopt abortion laws of their choosing.
B. reaffirmed the essential aspects of Roe v. Wade.
C. invoked the Ninth Amendment for the first time in an abortion decision.
D. invalidated the right to an abortion in the early months of pregnancy.
E. None of these answers is correct.
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- In Bowers v. Hardwick (1986), the Supreme Court justices determined that
A.the right of privacy includes abortion in the early months of pregnancy.
B. search warrants are not needed in murder investigations.
C. freedom of speech and freedom of assembly sometimes conflict.
D. state militia members have the right to peacefully assemble.
E. the right to privacy does not include homosexual acts.
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- In the case of McNabb v. United States, Justice Felix Frankfurter defined the “history of liberty” primarily in terms of whether
A.governments had observed procedural guarantees.
B. those convicted are actually guilty.
C. those convicted have the opportunity for appeal.
D. those convicted are treated humanely while imprisoned.
E. everyone is treated fairly in every case.
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- In the Constitution, procedural due process is protected by the
A.Fourth Amendment.
B. Fifth Amendment.
C. Sixth Amendment.
D. Eighth Amendment.
E. All these answers are correct.
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- The Fourth Amendment protects Americans from
A.any search conducted without a warrant.
B. unreasonable searches.
C. unreasonable searches conducted only by federal officers.
D. all searches conducted by state officers.
E. searches conducted only by local officers.
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- In deciding two 2014 cases involving the legality of searching a suspect’s cell phone, the Supreme Court ruled that
A.the cell phone can be searched only if there is sufficient other evidence that it contains information relevant to the crime.
B. the cell phone can be searched if officers believe it may contain information that will lead to the arrest of other suspects.
C. the cell phone can be searched as long as the search is approved by a higher police authority, such as a precinct captain or county sheriff.
D. the cell phone cannot be searched, unless police believe that doing so could prevent a serious imminent crime, such as a terrorist attack.
E. the cell phone cannot be searched under any circumstances.
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- When can police legally begin their interrogation of a suspect?
A.immediately upon arrest
B. after the suspect has been warned that his or her words can be used as evidence
C. only after the suspect has met with an attorney
D. after the suspect has been arrested and is in the custody of the police
E. after the suspect has been formally charged with a specific crime
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- “You have the right to remain silent….Anything you say can and will be used against you in a court of law….You have the right to an attorney.” This is called the
A.preferred position doctrine.
B. clear and present danger test.
C. Miranda warning.
D. fairness doctrine.
E. None of these answers is correct.
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- The Miranda warning was strengthened by the Supreme Court in 2004 in
A.Palko v. Connecticut.
B. Stenberg v. Carhart.
C. Reno v. ACLU.
D. Ferguson v. Charleston.
E. Missouri v. Siebert.
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- Gideon v. Wainwright required the states to
A.temporarily abolish the death penalty.
B. expand the exclusionary rule to both felony and misdemeanor cases.
C. furnish attorneys for poor defendants in felony cases.
D. grant speedy trials to defendants after 90 days of delay.
E. provide more funding for education.
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- What Illinois policy did the Supreme Court invalidate with its decision in Witherspoon v. Illinois (1968)?
A.allowing the prosecution an unlimited number of challenges in capital cases
B. preventing convicted persons in capital cases from filing an appeal
C. preventing the prosecution from challenging jury selections in felony cases
D. the failure to provide low income defendants with court-appointed lawyers
E. encouragement of low income defendants to act as their own attorney
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- The exclusionary rule states that
A.federal law cannot be applied in state courts.
B. the laws of one state court cannot be applied in the courts of another state.
C. after seven years, the statute of limitations applies, except in murder cases.
D. evidence obtained illegally is inadmissible in court.
E. state law cannot be applied in federal courts.
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- Since the 1980s, the Supreme Court has addressed the exclusionary rule by
A.expanding its application to virtually all criminal cases both at the state and federal levels.
B. determining that the rule was unconstitutional, in that it weakened the effectiveness of the police in maintaining an orderly society.
C. expanding its application to federal cases only.
D. expanding its application to state cases only.
E. None of these answers is correct.
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- The inevitable discovery exception
A.holds that the exclusionary rule can be waived in cases where failure to convict can lead to further public harm.
B. holds that otherwise excludable evidence can be admitted in trial if police believed they were following the proper procedures.
C. allows the use of evidence that would have been discovered by other means or through other forms of evidence.
D. has effectively invalidated the exclusionary rule.
E. holds that a convicted person may not appeal the conviction when his or her own actions would have ultimately led to further unlawful acts.
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- Which of the following is true of the appeal process?
A.The Constitution guarantees at least one appeal after conviction, but many states continue to challenge this guarantee in court.
B. Both the federal and all state constitutions guarantee an appeal after conviction.
C. The Constitution does not guarantee an appeal after conviction, but the federal government and all states permit at least one appeal.
D. There are no guarantees of appeal at the federal or state level, but the appeal process has been effectively certified through common practice.
E. The guarantee of appeal in the states was established as part of selective incorporation as applied to the Fourteenth Amendment.
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- Which state has the highest incarceration rate?
A.Vermont.
B. Maine.
C. Louisiana.
D. North Dakota.
E. California.
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- What is the greatest restriction on appeals in the United States?
A.the refusal by state appeals court judges to grant even a first appeal
B. a federal law that bars in most instances a second federal appeal by a state prison inmate
C. the lack of any formal right of appeal in the federal process
D. a federal law that bars a first federal appeal to persons convicted of homicide
E. the very low income of some convicted persons, which reduces their ability to appeal
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- Which of the following countries comes closest to the United States in terms of the percentage of its citizens who are behind bars?
A.Singapore
B. Japan
C. Great Britain
D. Romania
E. Russia
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- In a 2004 case involving the issue of whether a U.S. citizen accused of terrorist acts is entitled to constitutional protections, the Supreme Court held that such citizens
A.are protected only if they live in the United States.
B. are protected only if they have not been previously convicted of a crime.
C. are protected only if law enforcement officials decide they deserve such protections.
D. must be handled by military courts.
E. do have the right to a judicial hearing.
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- The USA Patriot Act
A.grants the government new powers of surveillance.
B. relaxed restrictions on the sharing of intelligence surveillance information with criminal investigators.
C. gives intelligence agencies the authority to share crime-related information with law enforcement agencies.
D. was enacted in response to the terrorist attacks of September 11, 2001.
E. All these answers are correct.
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- The Edward Snowden leaks about the NSA surveillance program
A.indicated that the NSA was listening to all American cell phone conversations.
B. showed that the NSA was diligent about getting court orders to monitor electronic communications.
C. led President Obama to quickly terminate the program.
D. brought changes in how Americans’ phone data was stored for NSA retrieval.
E. in reality shared little or no new information.
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- Which of the following, relative to the others, is typically more protective of individual rights?
A.the U.S. Congress
B. the general public
C. public opinion
D. the presidency
E. the judiciary
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Essay Questions
- What is meant by selective incorporation? Discuss the history of this process and its importance to the protection of individual rights.
Selective incorporation refers to the absorption of certain provisions of the Bill of Rights, including freedom of speech and press, into the Fourteenth Amendment. These rights are thereby protected from infringement by the states. After the Civil War, the Fourteenth Amendment was debated in Congress. There was no indication its framers intended it to protect First Amendment rights, such as freedom of speech and press, from state action. Seventy years later, the Supreme Court invoked the Fourteenth Amendment’s due process clause in a free speech case, which was followed by a series of cases that established the process of selective incorporation. In doing so, the Court declared certain rights to be a fundamental part of democratic society and, therefore, to be protected from state intervention. At first, the Court included only free expression rights in its interpretation. In the 1960s, selective incorporation was also used to protect fair trial rights.
- Explain the concept of prior restraint of the press. Include one example of how the Supreme Court has ruled on this issue.
Prior restraint is government prohibition of speech or publication before the fact. The Supreme Court has ruled it unconstitutional, except in extreme circumstances of national security or public safety, as an illegal restraint on free expression. The burden of proof in such instances is on the government: it must clearly show that a grave danger would result from the publication. The doctrine of prior restraint was detailed in New York Times Co. v. United States (1971).
- Discuss the differences between the First Amendment’s establishment and free exercise clauses.
The establishment clause has been interpreted by the courts as meaning that the government may not favor one religion over another or support religion over no religion at all. Thus, a wall of separation must be maintained between church and state. The free exercise clause means that Americans are free to hold any religious beliefs they want, although they are not always free to act on their beliefs. The Supreme Court has allowed government interference when the exercise of religious belief conflicts with otherwise valid law.
- Explain the concept of procedural due process and list several of the procedural rights protected by the Constitution. Do these rights apply to all levels of government? Explain.
Procedural due process refers to procedures or methods that government must follow before a person can legally be deprived of life, liberty, or property. The U.S. Constitution offers procedural safeguards designed to protect a person from wrongful arrest, conviction, and punishment. These procedures include prohibitions on unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail or fine, and include guarantees of legal counsel, jury trial, speedy trial, and the confrontation of witnesses. These rights apply to the federal government through the Bill of Rights and have been extended to cover state action by selective incorporation through the Fourteenth Amendment.
- How has the Supreme Court interpreted the Eighth Amendment’s prohibition against cruel and unusual punishment in recent years? Explain.
The Supreme Court has typically let Congress and the state legislatures determine the appropriate penalties for crime. It has upheld some challenged state punishments in high profile cases, and some states continue to have extremely high incarceration and execution rates. With regard to the death penalty, however, the Court has placed some limits on states’ ability to execute prisoners, particularly mentally retarded and juvenile ones.
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