Government Test 4 example #63469

In the term "due process," the word "process" refers to the way in which -prison sentences are handed down. -the law is followed in trying a case. -court decisions are worded. -warrants are written and used.

Which statement accurately describes the Fourth Amendment? -The Fourth Amendment gives citizens the right to refuse a search under any circumstances. -Police officers may seize anything they find suspicious. -The Fourth Amendment describes the legal process for searches and seizures. -A police officer can search someone's home, so long as a judge is present.

In addition to protection against self-incrimination, the Fifth Amendment ensures that people have -double jeopardy and grand jury rights. -search and seizure and grand jury rights. -Miranda warning and probable cause rights. -just compensation and warrant rights.

In Miranda v. Arizona (1966), why did Ernesto Miranda say his Fifth Amendment rights had been violated? -He had been stopped and searched without a judge issuing a proper warrant. -He had been tried for serious crimes without a grand jury issuing an indictment. -He had confessed to crimes without being reminded of his right to avoid self-incrimination. -He had been jailed without being informed of the charges against him.

The Fifth Amendment protects citizens against self-incrimination, which means that citizens -are probably guilty on all counts. -cannot be forced to testify against themselves. -can ask the judge to issue a warrant. -have been denied due process.

The Fourth Amendment to the Constitution protects citizens' ________ rights.

The Fourth Amendment states that a reasonable search and seizure must -include a warrant and be based on an indictment. -include a warrant and be based on probable cause. -be based on probable cause and include due process. -be based on probable cause and include a Miranda warning.

How did the Supreme Court rule in the Miranda decision? -Ernesto Miranda was found guilty on all counts. -Ernesto Miranda had been denied his rights. -Ernesto Miranda could not be tried twice for the same crime. -Ernesto Miranda did not have the right to avoid self-incrimination.

Which of these statements describes a Fourth Amendment protection? -A warrant based on probable cause is required. -All citizens must receive due process. -Citizens are protected against self-incrimination. -Search and seizure can only be conducted when the suspect is present.

If the government wants to take land to build a highway, the Fifth Amendment says that the affected property owners must -be compensated for the land. -be imprisoned if they object. -defend their land rights in court. -surrender the land as part of their patriotic duty.

Which of these statements accurately describes the Fifth Amendment? -Searches and seizures must be reasonable. -A search warrant based on probable cause is required. -The police may not question citizens immediately if public safety is at risk. -All citizens are entitled to due process.

The Supreme Court's decisions in Terry v. Ohio (1967) and Horton v. California (1990) both held that the police -may, in certain cases, search individuals or seize their property without a warrant. -must never, even with reasonable cause, carry out a stop and frisk. -must always have a warrant to seize evidence, even if it is in plain view. -may never violate the Fourth Amendment protections concerning searches and seizures.

Which statement best describes the impact of the Gideon decision? -The police now have additional resources to track down criminals. -All people, whether wealthy or not, now have the same rights in court. -People with no savings may now raise bail that they could not otherwise afford. -Trials that deal with serious crimes can now move forward quickly.

Read the Sixth Amendment to the Constitution. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have [the opportunity] for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. What part of the Sixth Amendment suggests that accused persons will be able to hear the charges against them? -"the right to a speedy and public trial" -"confronted with the witnesses against him" -"informed of the nature and cause of the accusation" -"have the Assistance of Counsel"

A man is sentenced to five years in prison for walking across his neighbor's lawn. In this example, we can say that the punishment is -disproportionate to the crime. -appropriate to the crime. -not severe enough for the crime. -along the lines of what the Founders had in mind.

Accused persons have the right to request a witness to -appear in court. -testify untruthfully. -go into hiding. -refuse to testify.

What was Clarence Gideon forced to do during his burglary trial? -represent himself -flee the state -remain silent -declare his guilt

The case of Furman v. Georgia (1972) resulted in a reinterpretation of the meaning of -excessive bail. -the right to counsel. -the right to a speedy trial. -cruel and unusual punishment.

The Sixth Amendment ensures a citizen's right to -worship freely. -vote. -have a fair trial. -bear arms.

In Furman v. Georgia (1972), William Furman appealed his death sentence for -domestic violence. -murder. -drunk driving. -assault.

In Furman v. Georgia (1972), the Supreme Court ruled in William Furman's favor, saying that Georgia had -denied Furman the right to be represented by counsel. -violated Furman's right to a quick and speedy trial. -established unclear standards for applying the death penalty. -exceeded the annual quota of death penalties it could impose.

People accused of crimes and awaiting trial may be released from custody if they agree to -stay under house arrest. -pay bail. -leave the country. -testify truthfully.

The impact of Furman v. Georgia (1972) was that states had to -promise to use the death penalty only with approval from the Supreme Court. -throw out the old Miranda warning and write a new one. -agree to throw out all state laws regarding crime and impose national standards. -create clear standards to be applied fairly before imposing the death penalty.

Which of these provisions is part of the Eighth Amendment? -Witnesses must appear in court. -A speedy trial is required. -Counsel must be provided. -Reasonable bail must be set.

Read the Eighth Amendment to the Constitution. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Which statement best summarizes the intent of the Eighth Amendment? -People accused of crimes have no rights until there is a verdict in court. -The government must ask victims' families how criminals should be punished. -People accused of crimes have specific constitutional protections. -The government may inflict any kind of punishment it chooses.

What does the Eighth Amendment prohibit? -lengthy trials -search warrants -cruel and unusual punishment -impartial juries

In Furman v. Georgia (1972), William Furman claimed his sentence was -appropriate. -overly lenient. -cruel and unusual. -accidental.

A right is unenumerated if it is -listed in the Constitution. -interpreted by the Supreme Court. -assumed to be a fundamental right. -written as law by a state or federal agency.

If a person has a right that is stated in the Constitution, that person has -only those limited rights. -other rights that are not mentioned. -more rights than the average person. -some rights that should be confirmed by law.

What idea was the decision in Griswold v. Connecticut based upon? -If the Constitution forbids self-incrimination, husbands and wives should not be forced to testify against each other. -The Constitution cannot possibly include all rights, so judges can create new ones based on what the founders must have been thinking. -If the Constitution forbids unreasonable searches, there must be a reasonable right to privacy. -The Constitution does not meet everyone's needs, so citizens can disregard laws when they think the government is violating their rights.

Which privacy right is protected by Supreme Court decisions in Griswold v. Connecticut and Roe v. Wade? -the right to life -the right to enjoy life -the right to be left alone -the right to share ideas

Which amendment protects unenumerated rights such as voting rights? -the First Amendment -the Fourth Amendment -the Fifth Amendment -the Ninth Amendment

The right to privacy protects citizens from -personal searches. -seizure of property. -government intrusion. -personal incrimination.

Which is a main idea in the Ninth Amendment? -Privacy rights must be respected, unless forbidden by the state law. -Some rights are not included in the Constitution, but are still protected. -Certain rights are included in the Constitution and should be protected. -Some rights found in the Constitution should be denied in certain situations.

What rights are specifically protected under the Ninth Amendment? -most basic safety and security rights -rights unlisted in the Constitution -freedom of expression rights -rights listed in the Bill of Rights

The Fourth Amendment implies privacy because it protects the right -to own property. -to have personal items. -to be secure in one's home. -to make one's own decisions.

Which best states Justice Harry Blackmun's position in Roe v. Wade? -The right to privacy has certain limits that must be recognized. -The welfare of the state is more important than personal privacy. -The government is able to deny certain rights on a situational basis. -The government is permitted to regulate rights according to law.

What was the impact of the Griswold v. Connecticut ruling? -Couples were required to keep marriage vows private. -Couples were allowed to keep their marriage decisions private. -Couples were expected to obey state law regarding marriage. -Couples were encouraged to regard their marriage as sacred.

When a Constitutional Amendment is ________ it is interpreted.

Which action would be protected by the Ninth Amendment? -refusing to pay sales tax on an automobile purchase -insisting on assembling with others at a city council meeting -creating a personal page on a social media site to share content -explaining medical problems to a personal physician in confidence

How are the Griswold v. Connecticut and Roe v. Wade cases similar? -Both were based on the Fifth Amendment. -Both were decided by the same justices. -Both were challenging enumerated rights. -Both challenged the constitutionality of state laws.

The cartoon shows an officer from the federal government -protecting Southern whites. -protecting freed African Americans. -unable to protect Southern whites. -unable to protect freed African Americans.

In order to extend the civil rights of slaves after the Civil War, the United States -banned slavery with the Fourteenth Amendment and created new protections with the Thirteenth Amendment. -banned slavery with the Fifteenth Amendment and created new protections with the Thirteenth Amendment. -banned slavery with the Thirteenth Amendment and created new protections with the Fourteenth Amendment. -banned slavery with the Fourteenth Amendment and created new protections with the Fifteenth Amendment.

Which amendment resulted in the incorporation of the Bill of Rights? -the First Amendment -the Fifth Amendment -the Fifteenth Amendment -the Fourteenth Amendment

Why were some framers in favor of incorporating the Bill of Rights? -because then the Bill of Rights would cover both state and federal law -because then the Bill of Rights would protect both citizens and noncitizens -because then the framers would only have to follow the federal laws -because then the framers would only have to follow their state's laws

Read the excerpt from the First Amendment of the United States Constitution. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. At the time it was written, this clause originally applied to -state law only. -federal law only. -state and federal law. -local, state, and federal law.

In the case Gitlow v. New York, Gitlow argued -that his First Amendment rights were being violated. -that he couldn't be convicted of the same crime twice. -that his Sixth Amendment rights guaranteed him the right to a jury. -that he couldn't be jailed without being charged with a crime.

After the Civil War, the federal government began to extend civil rights to African Americans by -passing amendments to the Constitution. -signing the Emancipation Proclamation. -paying reparations to them. -helping them move to the Northern states.

Read the excerpt from the Fourteenth Amendment of the United States Constitution. [N]or shall any state deprive any person of life, liberty, or property, without due process of law. This clause ensures that -anyone can enforce the law as long as they are citizens. -all states follow similar rules and legal processes. -any state can deprive its citizens of due process. -all non-citizens are not covered by due process.

The citizenship clause of the Fourteenth Amendment says a naturalized person -is not a citizen and cannot become a citizen of the United States. -is a citizen, just like someone who was born in the United States. -must have been born in the United States, not in another country. -must have been born in a country other than the United States.

Read the excerpt from the Fourteenth Amendment of the United States Constitution. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. This Fourteenth Amendment clause means that -Congress cannot do anything in relation to the Fourteenth Amendment. -all states have the authority to make laws to apply the amendment. -all citizens will be subject to the same set of legal procedures. -Congress has the authority to make laws to apply the amendment.

Why did the Supreme Court expand the incorporation of the Bill of Rights? -to ensure They always had the last word -to ensure equal treatment for all citizens -to ensure all naturalized people could be citizens -to ensure all legal cases came before the Court

Through which clause did state governments become bound by the Bill of Rights? -the citizenship clause -the equal protection clause -the due process clause -the enforcement clause

Which issue did the Supreme Court answer in the case of Duncan v. Louisiana? -whether the Fourteenth Amendment due process clause applies to the states -whether the Sixth Amendment guarantee of a jury trial applies to the states -whether the Fifth Amendment double jeopardy clause applies to the states -whether the Fourteenth Amendment equal protection clause applies to the states

The practice of selective incorporation means that the Bill of Rights will -always be applied to the states by the court. -never be applied to the states by the court. -sometimes be applied to the court by the states. -sometimes be applied to the states by the court.

The enforcement clause of the Fourteenth Amendment states that Congress has the authority to -grant citizenship to people. -change the Constitution. -enforce only the Bill of Rights. -make laws to apply the amendment.

How did the ruling in Plessy v. Ferguson affect the legalities of segregation? -It set "separate but equal" as a legal precedent. -It implemented desegregation legislation. -It determined that separation based on race can never be equal. -It discouraged people from continued protests.

Who was responsible for initially questioning the effectiveness of affirmative action? -Justice Powell -Allan Bakke -UC Davis -Board of Education

Which action would be considered an act of civil disobedience? -rioting, which causes damage to private and government property -engaging in a sit-in, in which African Americans stay at a segregated business -looting, which results in the theft of property from private businesses -boycotting, in which people choose not to purchase goods from businesses

What was the social impact of the decision in Brown v. Board of Education? -It increased support for segregation by business owners. -It strengthened the growing civil rights movement. -It reduced interest in public protest relating to civil rights issues. -It generated interest in the link between grades and emotions.

What were affirmative action programs originally designed to encourage? -increasing diversity in public institutions and businesses -beginning the process of desegregation in schools -establishing complete equality in admissions and hiring practices -ending separation based on race in housing

Which term is defined as "promoting minority inclusion in educational and employment opportunities"? -desegregation -separate but equal -legislation -affirmative action

What factor do Plessy v. Ferguson, Brown v. Board of Education, and Regents of California v. Bakke have in common? -All three cases improved civil rights for minorities. -All three cases went to the Supreme Court for ruling. -All three cases ruled in favor of the individual. -All three cases took place in the twentieth century.

How did the verdict in Brown v. Board of Education relate to the verdict in Plessy v. Ferguson? -It upheld the earlier decision about segregation. -It set a new legal precedent on the issue of segregation. -It cemented the idea that separate was not synonymous to segregation. -It proved educational facilities were subject to partial segregation.

In Regents v. Bakke, the Supreme Court struck down the use of racial _______ as a way to reduce inequality in schools or workplaces.

Read the quote from the Supreme Court's decision in Brown v. Board of Education. We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Compared with the decision in Plessy v. Ferguson, this opinion -refutes the doctrine of "separate but equal." -supports the doctrine of "separate but equal." -recommends affirmative action measures. -upholds the right to legislate segregation.

How did the decision in Regents v. Bakke affect individual rights? -It limited rights by encouraging greater use of racial quotas. -It protected rights by letting race be an admissions factor. -It limited rights by giving all minorities higher priority. -It protected rights by making all individuals equal.

When Chief Justice Earl Warren stated, "A sense of inferiority affects the motivation of a child to learn," what was he essentially stating? -Children often struggle with wanting to study. -Learning is difficult if a child is not inspired. -Low self-esteem can have a negative impact on grades. -Students who feel inferior often spend more time alone.

How does the legal precedent set by the decision in the Brown case relate to the concept of federalism? -The precedent ended discrimination in the United States. -The precedent ensured that federal agencies observed the Ninth Amendment right to equality. -The precedent overturned state laws based on an interpretation of the Constitution. -The precedent amended the Constitution.

Why did Allan Bakke file a lawsuit? -His medical test application was incorrectly scored. -He was an advocate of affirmative action. -His test scores were lower than minority students. -He felt he was denied admission to school based on race.

Why was Homer Plessy arrested? -He said his rights had been violated. -He was clearly of mixed heritage. -He refused to give his seat to a white person. -He sat down in a train's whites-only car

What did Justice Brown's verdict in Plessy v. Ferguson state? -It was against the law to segregate people based on race. -Laws permitting separation are unconstitutional. -Separation does not necessarily imply any inequality. -Desegregation was the only option to solve this court case.

Which piece of legislation increased the number of demographics eligible to vote by decreasing the required voting age to 18? -Fifteenth Amendment -Twenty-sixth Amendment -Nineteenth Amendment -Voting Rights Act

What is the benefit of having legislation ratified in the form of an amendment? -An amendment is part of the US Constitution, and superior over other acts. -An amendment is quicker to pass than an act. -An amendment can be changed if society shifts in the future. -An amendment automatically triggers lawsuits if it is ignored.

Which statement is true regarding the Twenty-sixth Amendment? -Individual states could determine whether to give young people the right to vote. -Any military veteran who had served in combat was given the right to vote. -The government mandated that all youth over 18 were granted the right to vote. -The minimum voting age for females remained at 21.

Which statement best represents a result of the Nineteenth Amendment? -Women may vote only if they pay a poll tax. -Women have been elected to government offices. -Women may vote, but are not eligible to run for public office. -Women can run for office, but cannot actually be elected.

When was the Voting Rights Act passed? -1920 -1964 -1965 -1971

When was the Fifteenth Amendment ratified? -in the 1860s, after the Civil War -in the 1920s, after World War I -in the 1960s, during the civil rights movement -in the 1940s, during segregation

The Fifteenth Amendment guaranteed a person's right to vote regardless of -age. -gender. -race. -education.

Read the following amendment to the U.S. Constitution. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Which amendment is this? -Fifteenth -Nineteenth -Twenty-first -Twenty-sixth

What is the correct definition of suffrage? -suffering through segregation -gaining civil rights -earning voting privileges -facing gender discrimination

The Voting Rights Act ended -poll taxes. -literacy tests. -voter segregation. -gender discrimination.

Following the passage of the Fifteenth Amendment, states attempted to limit voting rights of African Americans through -registration quotas. -state constitutions. -poll taxes and literacy tests. -blood tests and genealogy.

Which scenario might have taken place at a southern state polling center in the wake of the Fifteenth Amendment being ratified? -poll workers requiring voters to show a pay stub proving employment -poll workers asking voters to prove home ownership -poll workers having voters read aloud before voting to prove they could read -poll workers creating separate lines for voters based on race

Which government agency analyzed data to ensure African-Americans were receiving fair treatment at the polls? -NAACP -Census Bureau -Voting Rights Department -Justice Bureau

The Fifth Amendment protects the individual's right -to make choices. -to act independently. -to obtain security. -to avoid self-incrimination.

Why was it decided to lower the voting age to 18 from 21? -Not enough people were showing up to vote in elections. -College students began to protest a lack of rights. -It was unusual that 18-year-olds could be drafted but could not vote. -Young people were the only group to not receive increased rights.

The graph shows the population of the United States in 2011. What percentage of the population are eligible voters and over the age of 24? -one-fourth -one-third -one-half -two-thirds

How did Regents v. Bakke change affirmative action policies? -It struck down the use of strict racial quotas. -It ruled race could not be factored into admissions. -It limited diversity and inequality in the workplace. -It changed the way applications could be written.

Protections are guaranteed by the Fourth Amendment to ensure that -police officers have more rights than suspected criminals. -the police do not become powerful at the expense of citizens' rights. -judges can work with the police to keep suspected criminals in jail. -citizens do not become more powerful than the police.

As a result of the Miranda decision, police must now -issue warrants before arresting a suspect. -inform suspects of their Fifth Amendment rights before questioning them. -inform suspects of their Fifth Amendment rights after questioning them. -seize any evidence that might be used to convict a suspect.

All persons have the right to be represented by counsel, also known as -a judge. -a jury. -a lawyer. -a friend.

Which shows how Supreme Court rulings have modified the Fifth Amendment? -Officers may create different sets of rules to apply to groups of citizens as they please. -Officers must inform people of their rights before questioning them in custody. -Officers can pressure a person to confess to a crime. -Officers can inform suspects of their rights at any point in the questioning process.

Read Justice Black's decision in the Gideon case. Even the intelligent and educated layman . . . requires the guiding hand of counsel at every step in the proceedings against him. Without it . . . he faces the danger of conviction because he does not know how to establish his innocence. Which of these statements best summarizes Black's argument? -Educated people should represent themselves in court. -All people need an attorney's help in court. -Lawyers should not be allowed in court. -An innocent person does not need a lawyer in court.

A reasonable right to privacy can be expected if -publishing a blog about a future vacation. -speaking out against a proposed state law. -publishing personal information on social media. -refusing to testify against oneself in court.

For most of the 1900s, the legal voting age was -16 -18 -21 -24

In Gideon v. Wainwright (1963), the Supreme Court ruled that Gideon had been denied his rights because he had -hired an expensive lawyer he could not afford. -not been provided an attorney when he could not afford one. -paid bail he could not afford. -been questioned without having his Miranda warning read.

In Brown v. Board of Education, who instigated the lawsuit? -The students -The teachers -The parents -The schools

The Supreme Court's use of selective incorporation -only applies to amendments added before 1850. -only applies in cases where there is not enough evidence of a crime. -takes a subjective case-by-case approach to the question of incorporation. -takes the same approach to the question of incorporation in all cases.

Which of the following was a direct result of the decision in Brown v. Board of Education? -Individual states were allowed to choose whether or not to segregate their public schools. -The Fourteenth Amendment was deemed outdated and revised to reflect the court's verdict. -The process of desegregation began in all public schools throughout the country. -The connection between self-esteem and learning was made a top national priority.