Quiz #3 Chapter 4

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Apr 3, 2024

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U.S. Government (#3) Chapter 4 “Civil Liberties” 1. What are civil liberties and where are they found in the Constitution? Civil liberties are the fundamental rights & freedoms granted to individuals by a government. They are located in the Bill of Rights. 2. What is the incorporation theory in regard to the Constitution? The incorporative theory is a legal doctrine that applies the Bill of Rights’ protections through due process via the 14 th Amendment. 3. What are the three provisions of the Lemon test regarding the establishment clause of the First Amendment? Provision 1: The government must have a purpose. Provision 2: The government must not inhibit religion. Provision 3: The government must not foster excessive entanglement between government & religion. 4. Americans have right to the freedom of religious beliefs, even no belief at all; under what conditions can the government act to restrict religious practice? Give one example? When the religious practice is creating a danger to the public (ex: a religious practice that involves the use of drugs) 5. What is prior restraint regarding the freedom of expression? Prior restraint is any form of government action that blocks some form of speech before it is announced to the public. 6. What are two examples of restrictions on freedom of expression also known as unprotected speech? Ex 1: Incitement to violence Ex 2: Defamation 7. What did Supreme Court Justice Louis Brandeis say that the right of privacy means (gives every citizen the right to what) and why is its importance? Give his famous quote about privacy. “The right most valued by civilized men [and women] is the right to be left alone.” This quote captures his belief that privacy is a fundamental right that is essential for every person’s freedom and well-being. 8. In the case of Cruzan v. Director, Missouri the Supreme Court stated that a patient’s life-sustaining treatment can be withdrawn at the request of a family member only if what is true? The evidence that the patient wanted the treatment to be withdrawn. 9. What is the exclusionary rule regarding the Fourth Amendment (prohibits unreasonable search and seizure) and what is one of the exceptions to it? Evidence obtained in violation of the 4 th Amendment’s protections against unreasonable searches and seizures is excluded from being used against a defendant in trial. The only exception is the “good faith” exception, where if police officers believe that the criminal’s actions were lawful at the time of the search and seizure, that evidence can be used against the defendant in trial. 10. What is the two stage (bifurcated) procedure that many states have adopted to ensure that the death penalty is constitutional? Stage 1: Guilt phase Stage 2: Penalty phase
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