Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.1 Summary The Bill of Rights Under the incorporation doctrine, most of the freedoms

Copyright © 2011 Pearson Education, Inc. Publishing as Longman

LO 4.1Summary

• The Bill of Rights• Under the incorporation doctrine, most of the

freedoms outlined in the Bill of Rights limit the states as well as the national government.

• The due process clause of the Fourteenth Amendment provides the basis for this protection of rights.

To Learning Objectives


The legal concept under which the Supreme Court has nationalized the Bill of Rights is the _______.

A. incorporation doctrine

B. establishment doctrine

C. inclusion doctrine

D. Due process clause

LO 4.1



The legal concept under which the Supreme Court has nationalized the Bill of Rights is the _______.

A. incorporation doctrine.

B. establishment doctrine.

C. inclusion doctrine.

D. Due process clause.

LO 4.1



LO 4.2Summary

• Freedom of Religion• The establishment clause of the 1st

Amendment prohibits government sponsorship of religion, religious exercises, or religious doctrine, but government may support religious-related activities that have a secular purpose if this does not foster excessive entanglement with religion.



LO 4.2Summary

• Freedom of Religion (cont.)• The free exercise clause guarantees that

people may hold any religious views they like, but government may at times limit practices related to those views.



The Supreme Court can prohibit religious practices _______.

A. it considers inappropriate.

B. so long as it does not specifically target a religion.

C. but not religious beliefs.

D. and beliefs for only certain religions.

LO 4.2



The Supreme Court can prohibit religious practices _______.

A. it considers inappropriate.

B. so long as it does not specifically target a religion.

C. but not religious beliefs.

D. and beliefs for only certain religions.

LO 4.2



LO 4.3Summary

• Freedom of Expression• Americans enjoy wide protections for

expression, both spoken and written (as in the press), including symbolic and commercial speech.

• Free expression is protected even when it conflicts with other rights, such as the right to a fair trial.



LO 4.3Summary

• Freedom of Expression (cont.)• However, the First Amendment does not

protect some expression, such as libel, fraud, obscenity, and incitement to violence, and government has more leeway to regulate expression on the public airwaves.



Court decisions concerning symbolic speech have _______.

A. ruled that it is never protected.

B. extended protections to only some forms of symbolic speech.

C. ruled that symbolic speech is always protected.

D. not directly addressed the matter of symbolic speech.

LO 4.3



Court decisions concerning symbolic speech have _______.

A. ruled that it is never protected.

B. extended protections to only some forms of symbolic speech.

C. ruled that symbolic speech is always protected.

D. not directly addressed the matter of symbolic speech.

LO 4.3



LO 4.4Summary

• Freedom of Assembly• The 1st Amendment protects the right of

Americans to assemble to make a statement, although time, place, and manner restrictions on parades, picketing and protests are permissible.

• Citizens also have the right to associate with others who share a common interest.



Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to _____.

A. parade.

B. picket.

C. protest.

D. all of the above.

LO 4.4



Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to _____.

A. parade.

B. picket.

C. protest.

D. all of the above.

LO 4.4



LO 4.5Summary

• Right to Bear Arms• Most people have a right to possess firearms

and use them for traditionally lawful purposes.• However, government may limit this right to

certain classes of people, certain areas, and certain weapons, and may require qualifications for purchasing firearms.



In the case of District of Columbia v. Heller (2008), the Supreme Court struck down a law that outlawed the possession of handguns in our nation’s ______.

A. public schools

B. forts

C. capital

D. colleges and universities

LO 4.5



In the case of District of Columbia v. Heller (2008), the Supreme Court struck down a law that outlawed the possession of handguns in our nation’s ______.

A. public schools

B. forts

C. capital

D. colleges and universities

LO 4.5



LO 4.6Summary

• Defendants’ Rights• The Bill of Rights provides defendants with

many rights, including protections against unreasonable searches and seizures, self-incrimination, entrapment, and cruel and unusual punishment (although the death penalty is not inherently constitutionally unacceptable).



LO 4.6Summary

• Defendants’ Rights (cont.)• Defendants also have a right to be brought

before a judicial officer when arrested, to have the services of counsel, to receive a speedy and fair trial (including by an impartial jury), and to confront witnesses who testify against them.

• They also must be told of their rights.



Each of the following protections is found in the Fifth and Sixth Amendments, except

A. the right to counsel.

B. the right to plea bargain.

C. the right to remain silent.

D. all of the above are rights protected in the Fifth and Sixth Amendments.

LO 4.6



Each of the following protections is found in the Fifth and Sixth Amendments, except

A. the right to counsel.

B. the right to plea bargain.

C. the right to remain silent.

D. all of the above are rights protected in the Fifth and Sixth Amendments.

LO 4.6



LO 4.7Summary

• The Right to Privacy• Beginning in the 1960s, the Supreme Court

articulated a right to privacy, as implied by the Bill of Rights.

• This right has been applied in various domains and is the basis for a woman’s right to an abortion under most, but not all, circumstances.



States may not place which of these requirements on the right to an abortion?

A. A 24-hour waiting period.

B. Require parental consent for a minor seeking an abortion.

C. Require married women to tell their husbands of their intent to have an abortion.

D. Require doctors to present women with information on the risks of the operation.

LO 4.7



States may not place which of these requirements on the right to an abortion?

A. A 24-hour waiting period.

B. Require parental consent for a minor seeking an abortion.

C. Require married women to tell their husbands of their intent to have an abortion.

D. Require doctors to present women with information on the risks of the operation.

LO 4.7



LO 4.8Summary

• Understanding Civil Liberties• When any of the Bill of Rights, including

defendants’ rights, conflict with majority rule, rights prevail.

• Civil liberties, by definition, limit the scope of government action, yet substantial government efforts may be necessary to protect the exercise of rights.



As have expanded, they have also expanded the scope of government.

A. civil liberties

B. the size of courts

C. public polices

D. governments

LO 4.8



As have expanded, they have also expanded the scope of government.

A. civil liberties

B. the size of courts

C. public polices

D. governments

LO 4.8


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Copyright © 2011 Pearson Education, Inc. Publishing as Longman LO 4.1 Summary The Bill of Rights Under the incorporation doctrine, most of the freedoms