Deck 4: Civil Liberties and Civil Rights: Building and Defending Fences

Question 1

Which of the following groups was most concerned with the lack of a Bill of Rights in the Constitution?

A) Federalists
B) Anti-Federalists
C) Socialists
D) Communists

Answer 1

B

Question 2

Which of the following cases struck down a law banning same-sex sexual conduct?

A) United States v. Windsor
B) Griswold v. Connecticut
C) Lawrence v. Texas
D) Roe v. Wade

Answer 2

C

Question 3

Which right not enumerated in the Constitution or Bill of Rights was central to the Windsor case?

A) privacy
B) security
C) self-defense
D) equity

Answer 3

A

Question 4

Where is the foundation for extending protections in the Bill of Rights to state laws and actions found?

A) the First Amendment's Free Exercise Clause
B) Article IV of the Constitution's Full Faith and Credit Clause
C) the Fourteenth Amendment's Due Process Clause
D) Article VI of the Constitution's Supremacy Clause

Question 5

Which of the following cases struck down state bans on the same-sex marriage and overturned both parts of the Defense of Marriage Act?

A) Bowers v. Hardwick
B) Romer v. Evans
C) Goodridge v. Department of Public Health
D) Obergfell v. Hodges

Question 6

How does the Bill of Rights, by itself, apply to state and federal government?

A) It restrains only the powers of the federal government.
B) It restrains only the powers of the states.
C) It restrains both the powers of the states and federal government.
D) It restrains neither the federal government nor the states.

Question 7

An issue before the Supreme Court dealing with a death penalty case would most probably involve which of the following amendments in the Bill of Rights?

A) first
B) fourth
C) sixth
D) eighth

Question 8

How many amendments were originally proposed for the Bill of Rights?

A) nine
B) 10
C) 11
D) 12

Question 9

Which of the following best describes the piecemeal process through which the Supreme Court has applied the protections included in the Bill of Rights to the states?

A) collective aggregation
B) selective incorporation
C) executive delegation
D) progressive selection

Question 10

Which amendment in the Bill of Rights deals with the right to own a firearm?

A) first
B) second
C) fourth
D) fifth

Question 11

Which of the following best defines civil liberties?

A) rights citizens possess that protect them from unfair governmental interference
B) rights guaranteed in the Constitution that define what people are allowed to do
C) items included in the Bill of Rights that define what the government is allowed to do
D) the ability to criticize the government

Question 12

As a compromise, the Constitution included a(n) ______ to compensate for a Bill of Rights.

A) strict definition of treason
B) clause ending the slave trade
C) ensurance of religious freedom
D) protection of press and speech

Question 13

The right to just compensation when a person's private property is taken for public use can be found in which part of the Bill of Rights?

A) First Amendment
B) Second Amendment
C) Fifth Amendment
D) Eighth Amendment

Question 14

On what date did the Bill of Rights formally become part of the Constitution?

A) September 16, 1787
B) June 8, 1789
C) December 15, 1791
D) May 2, 1803

Question 15

The Sixth Amendment is important because of which of the following protections?

A) political speech
B) no unreasonable search and seizure
C) protection from self-incrimination
D) a fair and speedy public trial

Question 16

The Bill of Rights can be found in ______ of the Constitution.

A) the Preamble (introduction)
B) Article One Sections 1-8
C) Article Three Sections 1-6
D) the first 10 amendments

Question 17

Which clause in the Constitution mandates that each state respects and enforces licenses and legal actions of other states?

A) the Full Faith and Credit Clause
B) the Commerce Clause
C) the Necessary and Proper Clause
D) the Due Process Clause

Question 18

As they assembled for the Constitutional Convention in spring 1787, a main concern among delegates was to secure the protection of ______.

A) individual rights
B) southern slaves
C) northern businesses
D) territorial sea routes

Question 19

Federalist arguments in response to Anti-Federalist concerns over the Bill of Rights were included in ______ by Alexander Hamilton.

A) Federalist 10
B) Federalist 11
C) Federalist 51
D) Federalist 84

Question 20

What was the outcome of the United States v. Windsor case?

A) It effectively legalized most same-sex marriages.
B) It incorporated the Ninth Amendment to most of the states.
C) It struck down a part of the Full Faith and Credit Clause.
D) It struck down a part of the Defense of Marriage Act (DOMA).

Question 21

What is the current test for the restriction of political speech or action?

A) posing a clear and present danger
B) promoting or inciting imminent lawless action
C) threatening the dignity of the political process
D) calling for the overthrow government institutions

Question 22

Expression of spoken, written, or symbolic speech that is likely to incite violence or disrupt the peace is defined as ______.

A) fighting words
B) hate speech
C) libel
D) slander

Question 23

In which of the following cases did the Supreme Court uphold restrictions on obscenity and pornography and establish a working definition?

A) Chaplinsky v. State of New York
B) United States v. Flynt
C) Roth v. United States
D) Pope v. Illinois

Question 24

Those who argued early for the importance of freedom of expression were influenced by which of the following laws?

A) the Anarchy Act
B) the Alien and Sedition Acts
C) the American Patriot Act
D) the Espionage Act

Question 25

Which of the following cases has been given the nickname "Bong Hits 4 Jesus"?

A) Mapp v. Ohio
B) Morse v. Frederick
C) United States v. O'Brien
D) Tinker v. Des Moines ISD

Question 26

What is the major problem with the Clear and Present Danger Test?

A) subjectivity
B) objectivity
C) accountability
D) reliability

Question 27

Which of the following is a prohibition on making something illegal and punishable when it was legal prior to the passage of a new law?

A) Article I
B) Article II
C) Article VI
D) Article VII

Question 28

How is the fundamental right to speak, publish, and act in the political space affirmed in the First Amendment defined?

A) freedom of expression
B) freedom of religion
C) freedom of speech
D) freedom of the press

Question 29

In the case of ______, the Supreme Court placed significant restrictions on the ability of the government to prevent publication.

A) New York Times v. United States
B) Washington Post v. New York Times
C) New York Times v. Sullivan
D) Washington Post v. United States

Question 30

In which of the following court cases was ownership of certain types of weapons, such as sawed-off shotguns and machine guns, restricted by the Supreme Court?

A) Columbia v. Heller
B) McDonald v. Chicago
C) United States v. Miller
D) Miller v. Texas

Question 31

In which court case was the Second Amendment incorporated to the states?

A) Columbia v. Heller
B) McDonald v. Chicago
C) United States v. Miller
D) Miller v. Texas

Question 32

What term describes expression that defames a person's character in writing or similar published media?

A) libel
B) slander
C) denigration
D) adulation

Question 33

Which 1969 case set the modern standard for restrictions on political speech?

A) Brandenburg v. Ohio
B) Mapp v. Ohio
C) Abrams v. United States
D) New York Times v. United States

Question 34

The case of ______ established a three-pronged test of acceptable restrictions of symbolic speech.

A) United States v. O'Brien
B) Tinker v. Des Moines Independent School District
C) Mapp v. Ohio
D) Morse v. Frederick

Question 35

The Clear and Present Danger Test is associated with which of the following cases?

A) New York Times v. United States
B) Abrams v. United States
C) Schenck v. United States
D) Gitlow v. United States

Question 36

Which of the following is one of the most common types of hate speech?

A) public protest
B) cross burning
C) flag burning
D) displaying a swastika

Question 37

A teacher wishes to sponsor an after-school prayer group during noninstructional time while off duty. What stance does the Supreme Court currently take on this issue?

A) Teachers may participate in religious activities while not in their official capacity and during noninstructional off-duty time.
B) Teachers may not promote any religious organization or practice at any time, including Bible study or prayer groups.
C) Teachers may not participate in any religious celebration but may organize and lead Bible studies during lunch hours (for which they are paid).
D) Teachers may not, at any time, participate in religious organization or practice while on or off duty, as they are public employees.

Question 38

How is protected expression in the form of images, signs, etc. best described?

A) protected speech
B) symbolic speech
C) dramatic speech
D) objective speech

Question 39

The right to peacefully assemble was incorporated in which of the following cases?

A) De Jonge v. Oregon
B) Tinker v. Des Moines ISD
C) Johnson v. Texas
D) Morse v. Frederick

Question 40

The case of Board of Education v. Allen (1968) dealt with which of the following issues?

A) paying for transportation to private schools with public money
B) establishing mandatory prayer in public schools
C) providing private religious schools with textbooks at public expense
D) prohibiting any religious celebrations, assemblies, or performances

Question 41

Ultimately, the Supreme Court's Ruling in Scott v. Sandford (Dred Scott) threatened ______.

A) the constitutionality of any state laws against slavery
B) the objectivity of any ruling dealing with the slave trade
C) the subjectivity of the Constitution's slavery clauses
D) the legality of slavery and segregation in Southern states

Question 42

Under the decision in Katz v. United States, law enforcement must not only obtain a warrant to conduct a search; they must also prove ______.

A) probable cause
B) guilt
C) innocence
D) motive

Question 43

Which of the following is the foundational case involving a woman's right to have an abortion?

A) United States v. Windsor
B) Griswold v. Connecticut
C) Lawrence v. Texas
D) Roe v. Wade

Question 44

Recently, the Supreme Court has extended its Gideon v. Wainwright decision by ______.

A) requiring free counsel in both criminal and civil cases
B) allowing those who cannot afford counsel to select their own attorney
C) requiring criminal defendants receive "effective" legal representation not just representation
D) requiring courts to pay legal defense expenses for any defendant regardless of ability to pay

Question 45

Besides protection from double jeopardy and the right to a grand jury in federal cases, perhaps the most sweeping protection of the Fifth Amendment is the protection against ______.

A) self-affiliation
B) self-conciliation
C) self-determination
D) self-incrimination

Question 46

What is the most important way the Fifth Amendment provides protections for those accused of crimes?

A) assuring a speedy trial by a jury of their peers
B) guaranteeing processes and procedures for their defense
C) ensuring fair and reasonable search and seizure of evidence
D) prohibiting excessive bail and cruel/unusual punishment

Question 47

What is a writ issued by a judge authorizing some law enforcement activity?

A) petition
B) warrant
C) subponea
D) declaration

Question 48

What term best describes an amount of money posted as a security to allow a charged individual to be freed while awaiting trial?

A) security
B) surety
C) bail
D) insurance

Question 49

Which of the following cases involved the right to use contraceptives?

A) United States v. Windsor
B) Griswold v. Connecticut
C) Lawrence v. Texas
D) Roe v. Wade

Question 50

Thurgood Marshall's legal team needed the Supreme Court to ______.

A) affirm the Plessy v. Ferguson case
B) agree that "separate but equal" was legal
C) overturn only the Scott v. Sandford case
D) declare that segregation itself is unequal

Question 51

In December of 1860, the state of ______ made the threat of secession a reality.

A) Texas
B) Virginia
C) South Carolina
D) Florida

Question 52

In which part of the Constitution is the right to demand a writ of habeas corpus enumerated?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 53

The Tenth Amendment was created in order to protect ______.

A) federal power
B) states' rights
C) the rights of the people
D) executive authority

Question 54

What term best describes the situation in which an individual is tried more than once for the exact same crime?

A) double jeopardy
B) indictment
C) habeas corpus
D) ex post facto

Question 55

In which of the following cases did the Supreme Court require a specific warning be read to anyone who is suspected of criminal activity?

A) Gideon v. Wainwright
B) Miranda v. Arizona
C) Mapp v. Ohio
D) Furman v. Georgia

Question 56

Which of the following is a statement demanding that authorities in charge of a person's detention establish reasons for it?

A) bill of attainder
B) petition of certiorari
C) writ of habeas corpus
D) ex post facto law

Question 57

A judicial standard requiring that fairness be applied to all participants equally is described as _____.

A) inferential justice
B) procedural justice
C) incremental justice
D) criminal justice

Question 58

The right to a speedy trial was incorporated to the states in what year?

A) 1892
B) 1932
C) 1938
D) 1963

Question 59

An officer stops a driver and orders him to open his trunk without probable cause, leading to his arrest. Later, the judge refuses the admission of any evidence obtained from the search. This would most likely be because of the ______ rule.

A) chain of custody
B) provisional
C) exclusionary
D) Miranda

Question 60

The most contentious part of the Eighth Amendment today is arguments over ______.

A) excessive bail
B) cruel and unusual punishment
C) unreasonable search and seizure
D) forced self-incrimination

Question 61

In announcing its decision in the Brown v. Board cases, the Supreme Court ruled that "separate educational facilities are inherently ______."

A) unfair
B) unenforceable
C) unequal
D) uncommon

Question 62

Which of the following was the Court's main defense for its decision in Plessy v. Ferguson?

A) Social prejudices cannot be overcome by legislation.
B) Separate but equal is inherently unequal.
C) The Fourteenth Amendment does not apply to African Americans.
D) The Court has no authority to establish policy in state matters.

Question 63

The Voting Rights Act of 1965 outlawed which of the following requirements?

A) residency
B) voter registration
C) literacy tests
D) voter ID

Question 64

After winning major victories in the 1866 elections, what was passed by the Republican Congress?

A) First Reconstruction Act
B) Fourteenth Amendment
C) Fifteenth Amendment
D) Emancipation Proclamation

Question 65

Which amendment to the Constitution allowed Congress to make laws necessary to affirm the voting rights of all freed men?

A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Fifteenth Amendment
D) the Nineteenth Amendment

Question 66

Which term is used to describe the intentional refusal to obey a law in order to call attention to its injustice?

A) popular dissonance
B) civic disorder
C) civil disobedience
D) Posse Comitatus

Question 67

How many cases were included as a part of the Brown v. Board of Education case?

A) one
B) three
C) five
D) seven

Question 68

Which of the following was true of the Emancipation Proclamation?

A) It applied only to free states.
B) It applied only to states under rebellion.
C) It freed all slaves in every state.
D) It was seen as immediately effective.

Question 69

Which major legal victory did the NAACP and Thurgood Marshall win in 1954?

A) United States v. Windsor
B) Brown v. Board of Education
C) Loving v. Virginia
D) Bowder v. Gale

Question 70

Which of the following would be an example of a Jim Crow law?

A) literacy tests
B) prohibition of poll taxes
C) mandatory voter registration
D) intense desegregation efforts

Question 71

As the Democratic party gained political power in southern states and the will of the Republican Party began to fade, what happened to the gains made by African Americans?

A) They grew in size and strength.
B) They began to disappear.
C) They stayed the same.
D) They were inconsequential.

Question 72

What part of the Fourteenth Amendment served as the Constitutional basis for the NAACP assault on educational segregation in the South?

A) the Free Exercise Clause
B) the Establishment Clause
C) the Equal Protections Clause
D) the Due Process Clause

Question 73

How did the Fourteenth Amendment explicitly exclude women from the right to vote?

A) specifically prohibiting female enfranchisement
B) specifying its application only to African Americans
C) using the word "male" for the first time in the Constitution
D) associating itself only with the issue of slavery and reconstruction

Question 74

The results of Drs. Clark and Clark's psychological experiments were used as evidence of the ______.

A) need for continued segregation in social settings
B) psychological damage caused by desegregation
C) neutral impact of segregation in educational settings
D) psychological damage caused by segregation

Question 75

For the first 10 years following the Brown v. Board decision, which branch of government had the greatest role in the fight for desegregation?

A) the states
B) the executive branch
C) the judicial branch
D) Congress

Question 76

Which of the following amendments prohibited slavery in the United States?

A) the Thirteenth Amendment
B) the Fourteenth Amendment
C) the Fifteenth Amendment
D) the Nineteenth Amendment

Question 77

The Court's decision in Brown had intentionally avoided stating a ______.

A) definition of desegregation
B) timeline on achieving integration
C) remedy for segregated schools
D) requirement for the desegregation of schools

Question 78

Justice Harlan, the lone dissenter on the Supreme Court in the Plessy decision, argued which of the following?

A) Separate but equal is inherently unequal and should not be the law of the land.
B) Our Constitution is color blind and does not know or tolerate classes.
C) Our nation does not need Court-created policies to grant African American rights.
D) States should have full and sovereign control over their own laws and policies.

Question 79

The research findings of psychologists Kenneth and Mamie Clark were based on which of the following experiments?

A) division of subjects into two segregated groups
B) heterogeneous groups of desegregated subjects
C) presentation of black and white dolls to young children
D) model classrooms comprised of both black and white students

Question 80

Which of the following was Thurgood Marshall's most important contribution as chief counsel in the NAACP's fight for desegregation?

A) ability to coordinate protests
B) ability to coordinate multiple cases
C) organizational skills
D) attention to detail