American Government 100Part II
Patterson, pgs. 108-126, A:AG9-17
Right of Privacy
True/False Questions
1. Rather than invoking the Ninth Amendment in the 1965 Griswold decision, the Supreme Court’s majority reasoned that the freedoms in the Bill of Rights imply an underlying right of privacy. True or False
2. Ever since the Supreme Court ruled in Roe v. Wade (1973) every Republican Party national platform has expressed opposition to abortion. True or False
3. Patterson argues that the inclusion of procedural due process that authorities must follow when arresting and convicting someone of a crime, has served to increase the possibility of receiving an unfair trial. True or False
4. Prior to the American Revolution, British soldiers regularly forced their way into colonists’ houses, looking for documents or other evidence of anti-British activity. True or False
5. The police ordinarily cannot search an individual merely on the basis of suspicion.True or False
6. The Supreme Court has held that police do not need a search warrant to investigate a suspect using modern technology, such as a listening or thermal-imaging device because it is not in the Constitution.True or False
7. The Supreme Court has generally given school administrators wide latitude to search students for drugs, weapons, and other dangerous items on the grounds that they bear responsibility for the safety of other students.True or False
8. The Constitution does not distinguish between “unreasonable” search and seizure, which is prohibited, and “reasonable” search and seizure, which is permitted. True or False
9. In Missouri v. Siebert (2004), the Supreme Court allowed the police strategy of questioning a suspect before “mirandizing” (telling them of their rights) them, as long as the rights were visibly posted in the room where the interrogation took place. True or False
10. The grand jury protection, required at the federal level, has now been incorporated at the state level as well. True or False
11. The Supreme Court has weakened the exclusionary rule almost to the point where it applies only to extreme forms of police misconduct. True or False
12. Most crimes in the United States are governed by state law rather than federal law, and states differ widely in their crime rates and sentencing practices. True or False
13. The Supreme Court overturned a conviction under California’s “three strikes and you’re out” law that sent a twice previously convicted felon to prison for life without parole for shoplifting videotapes worth $100, believing it was simply too harsh.True or False
14. In recent decisions, the Supreme Court has allowed the death sentence for the mentally ill not for teenagers. True or False
15. After the Japanese attack on Pearl Harbor in 1941, thousands of Japanese Americans living on the West Coast were forced to evacuate and placed in relocation detention camps. True or False
16. The Bush administration followed the constitutional and legal traditions of the U.S. by respecting the human rights of detainees at Guantanamo and other secret facilities. True or False
17. In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that the tribunals at Guantanamo were unlawful because they did not provide even minimal protections of detainees’ rights.True or False
Multiple Choice Questions
1. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” a) Eighth Amendment, b) Ninth Amendment, c) Tenth Amendment, d) Twelfth Amendment.
2. The 1965 Supreme Court decision that established the right of privacy from the freedoms found in the Bill of Rights challenging a state law prohibiting the use of condoms and other birth control devices : a) Roe v Wade, b) Miranda v Arizona, c) Escovedo v Illinois, d) Griswold v Connecticut.
3. The Supreme Court has invoked a constitutional right of privacy in two major areas: a) home ownership and doctor-assisted suicide, b) prostitution and gambling, c) abortion and consensual relations among same-sex adults, d) polygamy and blood sacrifices of animals as part of a religious ceremony.
4. The right of privacy was the basis for the Supreme Court's ruling in Roe v. Wade (1973), which a) prevented police from raiding a home without a warrant, b) allowed for contraceptive devices to be dispensed at family-planning clinics c) gave women full freedom to choose abortion during the first three months of pregnancy, d) required the government to seek a judge's approval when wiretapping a home.
5. In Webster, the Supreme Court ruled that: a) abortions in private institutions can be restricted without violating Roe, b) states must pay for the costs of an abortion performed on a minor, c) doctors must receive the consent the woman's spouse to perform an abortion, d) restricting abortions in publicly funded medical facilities does not violate Roe.
6. What portion of a Pennsylvania abortion law (Casey, 1992)) was found to be constitutional? a) required a married woman to notify her husband before obtaining an abortion, b) required that minors receive a parent's permission or a judge's consent to obtain an abortion, c) required a judge's order before obtaining an abortion in the early part of her pregnancy, d) required a physician to seek permission for every abortion from the state government.
7. In Gonzales v. Carhart (2007), the Supreme Court majority: a) rejected a Minnesota law on late-term abortions when the life of the mother is in danger, b) stipulated that states cannot determine whether partial-birth abortions will be allowed, c) upheld a Nebraska law which banned partial-birth abortions even when the mother’s live is in danger, d) refused to hear the case, allowing a lower court’s decision to stand.
8. In 2016, the Supreme Court ruled that a Texas law requiring abortion clinics to meet the standards of hospital-based surgical centers and that doctors who perform abortions have admitting privileges at a local hospital: a) was an undue burden on a woman’s access to an abortion, b) was consistent with the limitations in Roe, c) must pay additional fees to limit costs, d) protected the reserved clause in the Tenth Amendment.
9. In 2003 the Supreme Court reversed itself arguing that a Texas sodomy law violated privacy rights protected by the due process clause of the Fourteenth Amendment: a) Carol & Lou v Georgia, b) Arnold & Smith v Florida, c) Edwin & Garner v New Mexico, d) Lawrence v Texas.
10. The legal protections that preserve the rights of individuals: a) equal protection, b) exclusionary rule, c) due process, d) privileges and immunities.
11. Refers primarily to procedures that authorities must follow before a person can lawfully be punished for an offense: a) procedural legal parameters, b) procedural natural rights, c) procedural facto rules, d) procedural due process.
12. Which amendments provide that no person can be deprived of life, liberty, or property without due process of law: a) The Fourth And the Thirteenth, b) The Fifth and Fourteenth, c) The Sixth and Fifteenth, d) The Ninth and Fourteenth.
13. The Fourth Amendment: a) prevents illegal trials without an attorney, b) assures the right to own a gun, c) requires a quick and speedy trial, d) forbids police from conducting illegal searches.
14. In Riley v. California and United States v. Wurie, the Supreme Court argued that: a) warrantless searches of cell phones are admissible, b) because cell phones contain information far beyond the crime incident, police need a warrant to rifle through its contents, c) the right of privacy trumps public safety even if there is the possibilityof an imminent terrorist attack, d) cell phones are part of accumulating physical evidence and are similar to drugs and weapons.
15. The 1963 landmark Supreme Court decision that required an attorney be provided by the state for an indigent suspect accused of a felony: a) Johnson v. Zerbst, b) Contreras v. Alabama, c) Gideon v. Wainwright, d) Vanderbilt v. Bush.
16. Bars the use of evidence obtained in violation of a person's constitutional rights in a trial: a) establishment clause, b) exclusionary rule, c) truth and sentencing requirements, d) bill of attainder.
17. Excludable evidence can be admitted in a trial if police believed they were following proper procedures: a) good faith exception, b) establishment rule, c) tacit effectiveness, d) reasonable application.
18. When convicted of a crime, how many appeals does the federal government and the states permit? a) at least one at both levels, b) no more than five at both levels, c) about three at the state but no more than two at the federal level, d) at least four at both the state and federal levels.
19. The targeting of individuals from particular groups, such as blacks, Hispanics, and Muslims: a) racial profiling, b) ethnic cleansing, c) police prejudice, d) discriminatory targeting.
20. On a per-capita basis, the United States has the largest prison population in the world. The following country comes in second: a) China, b) Cuba, c) Russia, d) Pakistan.
21. Individuals judged to be engaged in, or in support of, hostile military actions against U.S. military forces: a) violent personnel, b) provocateurs control, c) zealot neutralization, d) enemy combatants.
22. How did the Supreme Court rule with regards to prisoners being held at Guantanamo Bay? a) these prisoners are not U.S. citizens and cannot have access to an attorney, b) they have a right to challenge their detention in a federal court, c) they are held on Cuban territory which is beyond the reach of U.S. courts, d) they can only be tried in an international court.
Fill-in Questions
1. The U.S. Constitution provides for several procedures designed to protect a person from wrongful arrest, conviction, and punishment. These include:
a) The _____ and ______Amendments provide generally that no person can be deprived of life, liberty or property without ______of law.
b) Specific ______for the accused are listed in the Fourth, Fifth, Sixth and______Amendments.
2. What are the Miranda rules?
a) You have a right to ______.
b) Anything you say can and will be ______in a court of law.
c) You have the right to talk to a ______and have him present with you while you are being questioned.
d) If you cannot afford one,one will be appointed to represent you before any questioning, if you wish.
e) You can decide at any time to exercise these rights and not ______any ______or make any statements.
3. What do many of the states with low incarceration rates have in common?
a) Most of them rank high on levels of ______and ______.
b) Studies indicate that individuals who are college educated and those with higher incomes are less likely than others to engage in ______and,
c) if convicted, less likely to receive a ______.
4. The Supreme Court has applied several tests in determining whether punishment is cruel and unusual, including:
a)whether it is “______to the offence,”
b)violates “fundamental ______of good ______and fairness,” and,
c) and is “______cruel.”
Answers
True/False Questions
1. True
3. False
5. True
7. True
9. False
11. True
13. False
15. True
17. True
Multiple Choice Questions
1. b
3. c
5. d
7. c
9. d
11. d
13. d
15. c
17. a
19. a
21. d
23. c
Fill-in Questions
1. a) Fifth, Fourteenth, due process, b) procedural protections, Eighth
3. a) education, income, b) crime, c) lengthy sentence
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