Gov Exam 6 MMHS

Which Amendment guarantees “due process”?

14th

Which Amendment defines citizenship?

14th

Which Amendment applies the guarantees contained in the Bill of Rights to state and local governments?

14th

What term describes fundamental freedoms?

Human Rights

What portion of the Constitution guarantees our basic rights?

Bill of Rights

What Supreme Court case ruled that freedom of speech was a basic right and could not be denied by any state?

Gitlow v. New York

What term describes the extension of the Bill of Rights to all levels of government?

Incorporation

Why is incorporation important?

It is a final safeguard when personal rights are threatened

What term describes when a citizen believes that a state or local authority has denied them their basic rights and they take their case to a federal court?

Nationalization

What portions of the Bill of Rights have been incorporated to state and local governments?

Most Amendments have been incorporated except the 2nd, 3rd, and 10th Amendments

What is a feature of the Lemon test?

All answers are correct

What has the Supreme Court ruled on the teaching of evolution and creationism in public schools?

All answers are correct

Which of the following is an example of a ruling on school prayer?

All answers are correct

What Term describes nonreligious schools and texts?

Secular

What term describes schools run by a church or religious group?

Parochial

What term describes when a religious group feels their right to worship has been limited?

Abridged

What does the establishment clause state?

Congress shall make no law with regard to establishing a national religion

What does the free exercise clause state?

The government may not unduly interfere with the free exercise of religion

What is the current ruling regarding saluting the flag in schools?

Patriotism can be demonstrated without forcing people to violate their religious beliefs

What limits how people can worship?

Practice of religion is unlimited as long as it does not violate laws protecting the health, safety, or morals of the community

What exception to freedom of speech involves words so insulting that they provoke immediate violence?

Fighting words

What type of speech describes publishing an article accusing a politician of infidelity that the author knows to be false?

Defamatory speech

What term describes the use of actions or symbols, instead of words or speech, to express opinions?

Symbolic speech

What exception to freedom of speech dictates speech cannot create an immediate hazard?

Clear and present danger

What theory states that First Amendment freedoms are more fundamental than other freedoms and should not be limited at all?

Preferred position doctrine

What is an example of seditious speech?

Advocating the violent overthrow of the government

What term describes the verbal expression of thought and opinion to an audience that has chosen to listen?

Pure Speech

What outdated exception to freedom of speech dictated that speech could not have a propensity to lead to illegal actions?

Bad tendency doctrine

Respectively, what kind of defamatory speech is spoken and what kind is written?

Slander, libel

What measure could be taken to ensure a defendant has a fair criminal trial?

All answers are correct

What term describes when a judge bars the press from publishing certain types of information about a pending court case?

Gag order

What kind of law protects members of the press from disclosing confidential information or revealing tier sources?

Shield laws

What term describes censorship of information before it is published?

Prior restraint

The Supreme Court case of New York v. United States was also known as what?

Pentagon papers

What term describes speech that has a profit motive and is given less protection under the 1st Amendment?

Commercial speech

What was the Supreme Court’s ruling in Near v. Minnesota?

Prior restraint was unconstitutional

What agency grants a license to a broadcast media company?

Federal Communications Commission

What sets the standard for obscenity?

Local communities set their own standards for obscenity

How has the Supreme Court ruled about the internet and freedom of speech

Speech on the Internet falls under the same guidelines of as any other freedom of speech

What Amendment guarantees the right to “peaceably assemble and to petition the government for a redress of grievances?”

1st

What term describes the patrolling of an establishment by labor unions to convince workers or the public not to enter?

Picketing

What group was granted the right to organize a parade in a community with a large population of Holocaust survivors?

American Nazi Party

What Supreme Court case established that the government must show a clear and present danger exists in order to limit Constitutional freedoms?

Whitney v. California

What Supreme Court case established that the police can limit freedom of assembly to preserve public order?

Feiner v. New York

What limit has the Supreme Court imposed on parade and demonstration organizers in the name of public order and safety?

They must obtain a permit to hold the event

How has the Supreme Court ruled regarding assembly on private property?

Groups cannot convert private property to their own use, even if the property is open to the public

What is the current Supreme Court doctrine on the right of assembly on public property?

The government can require permits and other restrictions for parades and demonstrations 

What was the Supreme Court’s ruling in DeJonge v. Oregon?

Without freedom of assembly there would be no political parties or interest groups to influence the actions of government

What is the classification of an alien in the United States?

All answers are correct

What type of alien is a person from a foreign nation that is at war with the United States?

Enemy Alien

What type of alien is a person from a foreign nation that comes to the United States without a legal permit?

Illegal alien

What term describes a law that applies to only one person?

Private law

What protections are granted to aliens in the United States?

Aliens are granted the same protections under the Bill of Rights as United States citizens

Respectively, what act limited the number of immigrants allowed into the country each year and what act abolished the system of national origins quotas?

The Immigration Act of 1924, Immigration Reform Act of 1965

What term describes a person who lives in a country where he or she is not a citizen?

Alien

What term describes a pardon issued to illegal aliens who have been in the country illegally since 1982?

Amnesty

What type of alien is a Filipino tourist on a two week vacation that plans to return?

Non-resident alien

What type of alien has migrated to the United States permanently, but is not a citizen?

Resident alien

What term describes the legal process by which a person is granted the rights and privileges of a citizen?

Naturalization

What term describes the principle that citizenship is granted based upon the citizenship of ones parents?

Jus Sanguinis

What term describes a loss of citizenship due to deception or fraud?

Denaturalization

What is one of your responsibilities as a citizen of the United States?

All answers are correct

What term describes the process by which members of a whole group of people living in the same geographic area become citizens?

Collective naturalization

What is an example of a crime that is punishable by a loss of citizenship?

All answers are correct

What is a qualification to become a United States citizen?

All answers are correct

What Supreme Court case ruled that African-Americans, enslaved or free, were not citizens and could not bring suit in a federal court?

Dred Scott v. Sanford

What term describes the principal that citizenship is granted to nearly all people born in the United States or in American territories?

Jus Soli

What term describes when a person gives up their citizenship?

Expatriation

What term describes being tried twice for the same crime?

Double jeopardy

What was the Supreme Court’s ruling in Gideon v. Wainwright?

If you cannot afford an attorney, one will be provided

What Supreme Court case established that police must read suspected criminals their rights?

Miranda V. Arizona

What Supreme Court case ruled that with reasonable suspicion, school officials could search students, their property, or their lockers without a warrant?

New Jersey v. T.L.O.

What right does the 6th Amendment guarantee?

The right to counsel

Which Amendment prohibits cruel and unusual punishment?

8th

What judicial philosophy states that any evidence obtained illegally may not be used at a trial?

Exclusionary rule

What term describes a major crime?

Felony

Which Amendment protects citizens from unlawful searches and seizures?

4th

Which Amendment protects persons from forced self-incrimination?

5th

What term describes the test the Supreme Court uses to determine if a state law shows a good reason to justify a classification?

Rational basis test

Where is the guarantee of equal protection under the law found in the Constitution?

14th Amendment

What term describes the unfair treatment of members of a race simply because of their race?

Racial Discrimination

Which of the following is an example of suspect classification?

A law requiring persons of Latin heritage to prove citizenship

What movement tried to end segregation in the United States through nonviolent protests and sit-ins?

Civil rights movement

What doctrine was used to justify segregation in the United States for almost 60 years?

Separate but equal

What term describes when individuals are treated unfairly solely because of their race, gender, ethnic group, age, physical disability, or religion?

Discrimination

What term describes rights that are at the heart of the American system and are indispensable in a just system?

Fundamental rights

What term describes the division of a minority social group from a more dominant social group?

Segregation

What type of laws did southern states pass after Reconstruction to enforce racial discrimination in schools, public transportation, and hotels?

Jim Crow laws

What term describes awarding government jobs to minorities and women to make up for past discrimination?

Affirmative Action

What system does the United States government use to rate documents in terms of national security?

Security classification system

Where is the guarantee to the right to privacy found in the Constitution?

A combination of the Bill of Rights and the 14th Amendment

What term describes the idea that mental health professionals cannot be required to disclose the content of therapy sessions?

Confidentiality

What is an example of a court ruling allowing gender discrimination?

A state may give widows a property tax exemption that they do not give widowers

What Supreme Court case decided that affirmative action was legal under the Constitution, but strict racial quotas were not?

Regents of University of California v. Bakke

What is an example of a court ruling prohibiting gender discrimination?

All answers are correct

What term describes the argument that more qualified individuals lose out to individuals who are chosen simply because of their race, ethnicity, or gender?

Reverse discrimination

What term describes the written record of closed-door government meetings?

Transcript

What Supreme Court case decided that classification based on gender must be reasonable and not arbitrary?

Reed v. Reed

What term describes a public veto of speech and assembly rights for unpopular groups by claiming the demonstration will result in violence?

Heckler’s veto

What term describes speech urging resistance to lawful authority or advocating the overthrow of the government?

Seditious speech