Learnsmart 6 questions
Learnsmart 6 questions POLS 1336
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One Day of Notes
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This 12 page Class Notes was uploaded by Alyssa Reyes on Monday February 16, 2015. The Class Notes belongs to POLS 1336 at University of Houston taught by Simas in Spring2015. Since its upload, it has received 776 views.
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Date Created: 02/16/15
lf citizens are unable to fully participate in a political system then They are unable to share information opinions advice and calls to action They cannot hold the gov39t accountable or demand gov39t change The role of the Bill of Rights is to gov39t power limit Nonverbal speech that is expressed through actions such as picketing or wearing an armband to signify a protest is known as speech symbolic Those who increased gun control believe that the second amendment gives individual citizens the right to bear arms free from excessive control oppose ln post 911 America the balance btwn protecting individual freedom and preserving public safety harder to achieve given perceived reductions in internet use and its impact on privacy intrusions on free speech and assembly How does the Bill of Rights impact the goals of government It limits government39s ability to enforce order The rst amendment clause barring the gov39t from passing any laws that prohibit an individual39s practice of his or her religion as the clause free exercise The eights amendment protects against cruel and unusual punishment The US Constitution through the Bill of Rights and state constitutions explicitly recognize and protect civil liberties including freedom of assembly ofspeech of the press The constitutionally established guarantees that protect opinions and property against arbitrary gov39t interference are known as civil whereas civil re ect positive acts of gov39t for the purpose of protecting individuals against arbitrary or discriminatory actions liberties rights Article III of the original constitution provided which of the following guarantees Trial by jury in the state where the crime was committed Constitutional guarantees that protect citizens opinions and property are known as civil liberties Over time the Supreme Court has distinguished btwn which two types of political expression expression that the gov39t limits or even prohibits expression that the First Amendment protects True democracy when the gov39t controls the press cannot survive Which of the following freedoms encourage community and civic engagement the freedom of religion the freedom of privacy the freedom of criminal due process Our civil liberties are found in the American system legal The constitutional freedom of religion protects a nonreigious groups all individual39s free exercise of religion all religious groups Rati cation of the US Constitution was debated by the Federalists and Antifederalists A certain tension is present in the First Amendment btwn freedom and order The First Amendment gives people the freedom to do which of the following seek redress of grievances assemble peacefully The clause of the First Amendment requires gov39t neutrality toward religious institutions whereas the clause prohibits the gov39t from taking hostile action toward individuals39 practice of their religion establishment free exercise The imminent awess action test is also called the Brandenburg test incitement test The act of being tried again for the same crime after being cleared of it in court is known as jeopardy double Since the September 11 2001 terror attacks perceived intrusions on criminal due process rights have increased An advertising statement is known as speech commercial Under which of the following Supreme Court cases did the Bill of Rights become incorporated to the states Mapp v Ohio Gitlow v New York The Bill of Rights limits the power of which branches of the national government judicial legislative execque The rst amendment freedoms that support civic discourse include which of the following freedoms freedom of speech freedom of the press freedom of assembly Which of following level of gov39t does the Bill of Rights apply to today state federal According to the establishment clause the gov39t is required to remain neutral toward all religious institutions Which of the following types of speech are protected under the First Amendment symbolic speech pure speech The right of an individual to be left alone without any interference from others is known as the right to p vacy Although it is a core principle for most Americans the right to privacy is not explicitly mentioned in the Constitution True The freedoms of religion privacy and criminal due process encourage which of the following types of engagement civic community The debate over gun ownership rights centers on which constitutional amendment second amendment What type of speech is unlikely to be limited or prohibited poH calspeech Which of the following Fifth Amendment protections if any have not been incorporated as a protection by the Supreme Court the right to grand jury indictment The constitutional right to bear arms is found in which of the following amendments second amendment Teacherled school prayer during school hours is unconstitutional under the First Amendment according to the Court decision in Engel v Vitale During World War I the Supreme Court was willing to political speech suppress Indecent of offensive speech or expression that is not protected under the First Amendment is known as obscenity Which of the following believed the Constitution needed a written bill of rights the Antifederalists Speech that in icts injury or results in public disorder is known as words ghUng The establishment clause is often interpreted as a separation of and church state The loosely organized political movement which began in 2011 and sought to address a perceived inequality between the rich and everyone else is called the Occupy Movement The Supreme Court ruled that the Constitution protects two types of freedom of association including associations through which Americans form associations with others and practice their First Amendment freedoms expressive ln Gitlow v New York the Supreme Court determined that an aspect of the Amendment applied to the states First Citizens engaged in the debate over gun control are seeking a nation safer The framers did not initially see the Bill of Rights as applicable to state governments for which reasons Most state constitutions included a bill of rights of their own that protected the abuses of state power Because state governments were closer to the people than the national government they were less likely to restrict individual freedoms Protection against cruel and unusual punishment is contained in the Eighth amendment What was the free speech standard between the two periods in which the clear and present danger test was not prevalent the bad tendency test Since September 11 2001 there has been an increase in perceived intrusions on which of the following free speech assembly The clause of the First Amendment bans the state from helping religious institutions whereas the clause bans the state from restricting the free practice of religion by individuals establishment free exercise Based on the imminent lawless action test any gov39t in the United States that seeks to silence speech must show that risk of harm from the speech is highly likely harm from the speech is immediate or imminent After September 11 2001 the government examined how to deal with speech related to Militant samic groups What does the Fifth Amendment prohibit double jeopardy compeed selfincrimination Supporters and opponents of increased gun control both exercise which of the following freedoms to express their positions freedom of speech freedom of assembly What can be generally be said about the Supreme Court rulings on giving public funding to parochial schools There has been no consistent court ruling on the issue of parochial school funding The law passed by Congress soon after 911 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the USA act PATRIOT The legal safeguards that prevent the government from depriving citizens of life liberty or property without adhering to strict legal procedures are known as process protections due The establishment clause restricts which of the following the establishment of an of cial religion What was the name of the 1798 laws that criminalized any speech or writings critical of the government Congress or the president the Alien and Sedition Acts Which of the following amendments contribute to ensuring criminal due process The fourth amendment The fth amendment The eighth amendment The sixth amendment Which of the following Constitutional protections were at issue in the Supreme Court decision in Miranda v Arizona the right to an attorney the right to remain silent The application of all the protections claimed in the Bill of Rights to the states is known as incorporation whereas casebycase consideration of these protections is known as incorporation total selective Which of the following constitutional amendments establishes formal rules for conducting a trial Fifth Amendment Sixth Amendment Opponents of intelligent design claim that the theory is another form of creationism False written statements about others that harm their reputation are known as whereas false verbal statements about others are known as libel gander The Supreme Court in Schenck v United States established the and test clear present danger The current standard used to determine whether the establishment clause has been the violated is known as the test Lemon The standard under which speech can suppressed if it creates the probability that harm may result even if the likelihood of the result is remote is known as the test clear and probable danger Throughout US history and especially since 911 attacks there has been tension between liberty and security Using the Lemon test the Court ruled that the Ohio program that gave vouchers to parents to offset the costs of parochial schooling passed the Lemon test as the purpose of the program was secular rather than religious the primary bene ciaries were the students Contentneutral regulations regarding when where or how expressions may occur are known as and restrictions time place manner How did the Supreme Court rule in US v O Brien which addressed the constitutionally of the government punishing Vietnam War protesters for destroying or mutilating draft cards in the name of free speech The Court upheld the punishment as the purpose of the cards was to facilitate the draft rather than suppress speech Based on present day interpretations of the Eighth Amendment executions that are carried out must be done so in the most humane and least painful manner Which of the following interpretations of the establishment clause is considered the most exible the accommodation standard Which of the following interpretations of the establishment clause is considered the least exible strict separation of church and state The right to legal counsel is a Amendment protection sixth Which of the following subjects has the Court considered as within one s zone of p vacy termination of medical treatment choice of sexual partners physicianassisted suicide The Supreme Court decision that determined the right to privacy extended to include abortion is Roe v Wade Which of the following tests is most closely related to the Court39s stance concerning freedom of assembly the ghting words test In the case of Tinker v Des Moines the Court ruled that Vietnam War protesters wearing black armbands to school constituted free speech protected under the Constitution True Which Supreme Court standard replaced albeit temporarily the clear and present danger test the bad tendency test The Supreme Court ruled that the Constitution protects two types of freedom of association including associations which are close human relationships maintained as part of an individual39s personal liberty intimate Compared with political speech the government affords commercial speech less protection According to the Supreme Court for a search to be considered reasonable a search warrant must be produced False The framers of the Constitution saw freedoms included in the Bill of Rights as indispensable to forming a new democratic republic in a reaction to being denied these liberties under rule British The Court ruled in Reno v ACLU that the internet is more like media print The Supreme Court determined that privacy rights extend to consensual activity between samesex partners in Lawrence v Texas In Chaplinsky v New Hampshire the Court ruled that quotfighting wordsquot the democratic goals of free speech do not advance President Lincoln39s suspension of the writ of habeas corpus allowed individuals in custody the right to be heard in a court of law False Some of the divisive issues of our day like abortion nd constitutional protection in the right to p vacy In the case of Near v Minnesota the Supreme Court established a rule against censorship known as prior restraint ln Mapp v Ohio the Supreme Court extended the exclusionary rule to court proceedings state The concept based on the belief that authentic discourse depends on free and unrestrained discussion of different points of view is known as the of ideas marketplace Which of the following according to the Supreme Court is considered of strictest importance in determining what constitutes a reasonable search requiring of a warrant How did Supreme Court rule In the 1990 case Employment Division Department of Human Resources v Smith which dealt with two employees who were red after using peyote as part of their religious practice The Court argued that the two employees broke the law and therefore were red from their jobs As such there was no free exercise violation According to Justice William 0 Douglas and his colleagues a zone of privacy exists in a way that is the Bill of Rights and fundamental to the American system of law and justice implicit in How has the Court ruled on abortion rights issues after Roe v Wade The Court has developed a middle ground position on abortion rights Which of the following scenarios will most likely lead to more government restrictions of civil liberties When the nation is under perceived threat Who is considered a primary proponent of the theory of intelligent design those who believe that the designer is God The bad tendency test is considered the clear and present danger test more restrictive than The Supreme Court reverted back to the clear and present danger test during the 19305 In general the Court allows the government to engage in prior restraint almost never The sharing of contrasting even radical or loathsome information is known as the marketplace of ideas The landmark case that rmly established the right to privacy is Griswold v Connecticut The ghtingwords doctrine was established in which of the following Supreme Court cases Chaplinsky v New Hampshire The attempt to block the publication of material considered to be harmful is known as prior In the 2002 case Lawrence v Texas the Court ruled that the privacy rights associated with sexual activity apply to samesex couples do What concerns did the Antifederalists have in ratifying the US Constitution The Constitution did not provide enough protections for citizens against an abusive government Which of the following would be considered an appropriate description of the Bill of Rights in general The Bill of Rights embodies broad principles that are often seen as vague and open to interpretation Advocates of intelligent design contend that is a scienti c theory The Supreme Court at least a majority of the time has prior restraint disallowed Most Americans believe that the United States should establish a national religion False Which supreme court decision found that the application of the death penalty was arbitrary and discriminatory and thus was incompatible with the standards in contemporary society Furman v Georgia The American Civil Liberties Union ACLU is one of several groups that post 911 antiterror measures such as domestic surveillance without a warrant has been critical of How has the Supreme Court generally interpreted the establishment clause in their rulings over time There is no set interpretation The Court has often shifted back and forth in its opinions ln Gideon v Wainwright the Supreme Court established that the government must provide lawyers to individuals who cannot afford their own attorney Which of the following acts of legislation legalized the surveillance of communications without a warrant or court order obtained by the US government the Protect America Act Cases that involve Jehovah s Witnesses who practices a less mainstream religion are more likely to involve which of the following religious clauses the free exercise clause According to a 2009 survey what percent of Americans said religion was fairly or very important in their lives 81 The supreme court in general has been to limit free speech among results reluctant Prior to the landmark Griswold case the Court concluded that the right to privacy is all other liberties implied in After the 911 terrorist attacks tensions between liberty and security increased Whom did President George W Bush invoke in arguing that captured combatants and suspected terrorists should be tried in military tribunals Abraham Lincoln An ancient right that protects an individual in custody from being held without the right to be heard in a court of law is known as habeas corpus The exclusionary rule forbids courts to admit legally seized evidence during a trial How did the Supreme Court rule in the case of Texas v Johnson The Court ruled that ag burning is symbolic political speech protected under the First Amendment Based on the exclusionary rule evidence that is illegally obtained be used in a trial cannot Which of the following scenarios would most likely qualify as libel or slander publicly made defamatory statements with fault Critics of the USA PATRIOT Act have argued that the expansion of investigate powers by government law enforcement officials in the name of increasing national securty restricted individual civil liberties Which of the following constitutional amendments forbids Congress from making any law establishing a religion or abridging the freedom of religious exercise speech assembly or petition rst amendment In the 1833 case Barron v Baltimore the Supreme court found that the Bill of Rights did not apply to what government spending Who is more responsible for regulating broadcast media the government
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