Test Bank for Principles and Practice of American

Politics Classic and Contemporary Readings 6th

Edition Kernell 1483319873 9781483319872
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american-politics-classic-and-contemporary-readings-6th-edition-kernell-1483319873-
9781483319872/
Chapter 5

Type: E
Title: 05-01 Cpp.99
1. What is the difference between a consumerist view of free speech and the deliberative
democracy perspective?
a. Answers will vary, but the consumerist view stresses how speech expands commercial
opportunities and choices, while the deliberative view looks at how speech enhances the
functioning of democracy.

Title: 05-02 Fpp.104

2. What type of speech is subject to the highest scrutiny if the government desires to regulate
it?
a. Commercial
b. Violent
c. Advertising
*d. Political

Title: 05-03 Fpp.108

3. Banning computer viruses is an example of what type of free speech regulation?
a. Viewpoint discrimination
b. Content regulation
c. Commercial regulation
*d. Content neutral

Type: E
Title: 05-04 Fpp.111-117
4. Why was the Supreme Court’s decision is Roe v. Wade important, and how did the Court
justify it?
a. It expanded the right of privacy to include the right to choose an abortion. It has generated
much controversy, and the decision did not lead to full implementation. Court arguments: Until
the latter half of the nineteenth century, women in the United States enjoyed broader rights to
terminate pregnancy; the right to privacy is broad enough to encompass the right to abortion;
psychological harm can be done to women forced to keep unwanted offspring; the
constitutional concept “person” does not include the unborn.

Type: E
Title: 05-05 Fpp.114
5. The Supreme Court justified its decision in favor of a woman’s right to have an abortion by
emphasizing that
a. the states had no jurisdiction to decide on the issue of pregnancy termination.
b. the right to terminate a pregnancy is part of the exclusionary rule.
*c. the constitutional meaning of “person” does not include an unborn child.
d. pregnancy termination should be by no means regulated by the law.

Title: 05-06 Fpp.111

6. In Roe v. Wade, the Supreme Court supported its decision by stressing that
*a. the right to privacy was involved.
b. the right to religious freedom had been denied.
c. citizens had to be protected against double jeopardy.
d. private property could not be taken away without compensation.

Title: 05-07 Cpp.118-121

7. Are Supreme Court decisions in favor of implementing constitutional rights and liberties
sufficient for their successful implementation? Why or why not?
a. No. The Supreme Court lacks enforcement mechanisms. If the other branches of government
or other levels of government disagree with the Court, implementation may be difficult. Lack of
popular support may affect elected branches’ support for implementation. Rosenberg illustrates
this in his examination of the implementation of Roe v. Wade.

Title: 05-08 Cpp.121

8. Rosenberg argues that the major obstacle to implementing Supreme Court decisions is
a. a lack of adequate federal and state funding.
b. problems of legal interpretation in lower courts.
*c. opposition from society and political elites.
d. different legislation across states.

Title: 05-09 Cpp.132

9. According to Rosenberg, Supreme Court decisions must be accompanied by
a. legal punishments for lack of implementation.
*b. political activity in support of implementation.
c. detailed legislative instructions regarding implementation.
d. detailed constitutional justification of the decisions.

Type: E
Title: 05-10 Cpp.134
10. Rosenberg attributes the success of the implementation of court abortion decisions to which
movement?
a. The feminist movement, which changed the role of women and continues to advocate for
women politically, socially and culturally.

Type: E
Title: 05-11 Cpp.101
11. Identify the two free speech principles as explained by Sunstein.
a. Free speech principle as it operates in the court system and the free speech principle as it
operates in the public debate.
Type: E
Title: 05-12 Cpp.108-109
12. Explain the distinction between penalties and subsidies.
a. According to Sunstein, penalties generally mean that the government is imposing criminal and
civil punishments on certain types of speech. Selective subsidies, on the other hand, are
provided to some entities/speakers and not others to provide a certain benefit/pubic good. The
distinction becomes unclear when the government withdrawals subsidies from those who
provide speech, which criticize the government and/or the government disapprove of. This
practice can also be considered a punishment.

TOTAL: 12