Deck 4: Civil Liberties and Civil Rights

Question 1

Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause?

A) The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols.
B) The Court has been permissive in allowing school prayer but strict in striking down the public display of religious symbols.
C) The Court has been strict in striking down both school prayer and the public display of religious symbols.
D) The Court has been permissive in allowing both school prayer and the public display of religious symbols.
E) The Court has avoided any rulings on the constitutionality of school prayer and the public display of religious symbols.

Answer 1

A

Question 2

The Bill of Rights:

A) is the first ten amendments to the Constitution
B) includes all of the civil liberties and civil rights found in the Constitution
C) is the first national Constitution of the United States
D) is the First Amendment to the Constitution
E) is the Tenth Amendment to the Constitution

Answer 2

A

Question 3

What was the main reason that Alexander Hamilton did not want a bill of rights?

A) He wanted the government to have as much power as possible.
B) He believed that too many individual liberties destroyed the trust between citizen and government.
C) He believed it was unnecessary for a government that possessed only specifically delegated powers.
D) He believed a bill of rights would make the Constitution too long and cumbersome.
E) He believed a bill of rights would lead to too many frivolous lawsuits.

Answer 3

C

Question 4

The Supreme Court's decisions in Van Orden v.Perry and McCreary v.ACLU illustrate that:

A) the issue of government-sponsored displays of religious symbols has not yet been definitively settled
B) there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment
D) the Lemon test does not apply to cases involving school prayer
E) the government will never be allowed to display any kind of religious symbols anywhere on government property

Question 5

The Supreme Court cases Near v.Minnesota and Wolf v.Colorado were significant because they:

A) struck down ex post facto laws
B) protected the right of habeas corpus
C) upheld the constitutionality of bills of attainder
D) forced state governments to obey the Second Amendment of the Constitution
E) incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment

Question 6

Which of the following rights is NOT found in the original,unamended Constitution?

A) guarantee of habeas corpus
B) prohibition of ex post facto laws
C) prohibition against cruel and unusual punishments
D) guarantee of trial by jury in the state where the crime was committed
E) prohibition of bills of attainder

Question 7

The wall of separation between church and state is best found in what clause of the Constitution?

A) the free exercise clause
B) the establishment clause
C) the equal protection clause
D) the wall of separation clause
E) the full faith and credit clause

Question 8

In what year was freedom of speech extended to protect against the acts of state governments?

A) 1833
B) 1865
C) 1868
D) 1925
E) 1964

Question 9

Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of:

A) disagreements about the meaning of selective incorporation
B) disagreements about the meaning of the establishment clause
C) disagreements about the applicability of prior restraint
D) disagreements about the applicability of the exclusionary rule
E) disagreements about the meaning of eminent domain

Question 10

According to the text,what is the constitutional problem relating to the nationalization of the Bill of Rights?

A) Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?
B) Does every state have to ratify each amendment to the Constitution, or only a majority of states?
C) Does the level of enforcement of the Bill of Rights have to be equal throughout every state?
D) Does the Bill of Rights legalize a national moral consensus?
E) Does the Supreme Court have the authority to determine the exact meaning of the Bill of Rights?

Question 11

The procedural restraints found in the Bill of Rights:

A) put limits on what government shall and shall not have the power to do
B) define how the government is supposed to act
C) define why the government is supposed to act
D) discuss why the government is or is not supposed to do something
E) define which powers each branch of government possesses

Question 12

Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?

A) The takings clause restricts national and state governments but not city governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.
E) The Bill of Rights limits state governments but not the national government.

Question 13

During the Founding era,who were the strongest supporters of adding a bill of rights to the Constitution?

A) Federalists
B) Antifederalists
C) merchants and landowners
D) slaves
E) members of the military

Question 14

Why is Palko v.Connecticut an important case?

A) It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B) The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government.
C) The Supreme Court established the "exclusionary rule" in this case.
D) This case was the first time the Supreme Court upheld the free exercise protections for a non-mainstream religion.
E) The Supreme Court ruled that persons under arrest must be informed of their right to remain silent.

Question 15

The constitutional basis for the nationalization of the Bill of Rights is:

A) the First Amendment
B) the Tenth Amendment
C) the Fourteenth Amendment
D) Plessy v. Ferguson
E) Roe v. Wade

Question 16

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called:

A) habeas corpus
B) selective incorporation
C) the takings clause
D) dual federalism
E) cooperative federalism

Question 17

Which of the following is not a liberty protected by the Bill of Rights?

A) the free exercise of religion
B) freedom from unreasonable searches and seizures
C) guarantee of due process of the law
D) equal protection of the laws
E) freedom of speech

Question 18

The Bill of Rights was written because:

A) the Antifederalists demanded it as the price of ratification of the Constitution
B) the Federalists realized that no constitution would last for long without a bill of rights
C) the federal government in the early days of the republic was violating too many individual rights
D) Alexander Hamilton advocated the measure very forcefully
E) the Supreme Court ruled that a bill of rights was needed

Question 19

If a person were imprisoned in the United States without an open trial before a judge,this action would:

A) infringe upon the principle of selective incorporation
B) constitute an ex post facto law
C) undermine the Lemon test
D) violate the right of habeas corpus
E) defy the exclusionary rule

Question 20

Which of the following statements best describes the impact of the Fourteenth Amendment?

A) The addition of the Fourteenth Amendment immediately forced state governments to abide by all of the provisions in the Bill of Rights.
B) The addition of the Fourteenth Amendment had no effect whatsoever on state governments because it was designed to address the federal government.
C) The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights, but the process took over one hundred years.
D) The addition of the Fourteenth Amendment required states to immediately abide by the First Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
E) The addition of the Fourteenth Amendment required states to immediately abide by the Tenth Amendment to the Constitution, but not to any of the other amendments in the Bill of Rights.

Question 21

Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because:

A) state laws that make flag burning a crime are too lenient
B) state laws that make flag burning a crime are too harsh
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment
D) the Supreme Court has ruled that flag burning is a crime and that the Constitution should be updated to reflect this reality
E) the Constitution must be made consistent with all of the state laws that also make flag burning a crime

Question 22

Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"?

A) John Marshall
B) Oliver Wendell Holmes
C) Earl Warren
D) Antonin Scalia
E) Thurgood Marshall

Question 23

Which of the following types of speech receives the greatest level of First Amendment protection?

A) slander
B) pornography
C) obscenity
D) libel
E) political speech that stops short of inciting violence

Question 24

The Supreme Court case concerning smoking peyote during Native Americans' religious rituals demonstrates that the Court's key problem in ruling on religious freedom is to determine:

A) the difference between religious beliefs and conduct that is based on religious beliefs
B) which religions are serious and which are not
C) which religious organizations are really illegal operations
D) who is a true believer and who is not
E) how much religious organizations can be taxed for their ceremonial practices

Question 25

The Supreme Court's decision in West Virginia State Board of Education v.Barnette was significant because:

A) it endorsed the free exercise of religion even when it is offensive to the beliefs of the majority
B) it allowed the use of tax-supported vouchers for religious schools
C) it established a constitutional right to privacy
D) it prohibited suspicionless searches of high school students
E) it banned prayers in public schools

Question 26

The Supreme Court's decision in Citizens United v.Federal Election Commission was significant because it concluded that:

A) the Constitution prohibits the government from limiting campaign spending in any way
B) the Constitution allows the government to prevent certain candidates from running campaign ads
C) the Constitution allows the government to ban political speech funded by corporations
D) the Constitution prohibits the government from regulating political speech funded by corporations
E) the "millionaire's amendment" to the Bipartisan Campaign Reform Act was consistent with the Constitution

Question 27

What were the Alien and Sedition Acts?

A) laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States
B) laws that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations
C) laws passed by Congress denying civil liberties to all citizens
D) laws passed during the Civil War denying Confederate sympathizers the right to free speech
E) laws passed by Congress in 1921 that restricted immigration to the United States

Question 28

When the government blocks the publication of material it does not want released,this is known as:

A) state laws that make flag burning a crime are too lenient
B) speech plus
C) prior restraint
D) clear and present danger
E) libel

Question 29

In West Virginia State Board of Education v.Barnette,the Supreme Court announced that:

A) Amish children are not required to attend school past the age of twelve
B) children cannot be required to salute the flag if it violates their religious faith
C) children can be required to salute the flag even if it violates their religious faith
D) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds
E) prayer in school violates the establishment clause

Question 30

The rights to assembly and petition are guaranteed by the same amendment guaranteeing:

A) free speech
B) due process
C) privacy
D) the right to bear arms
E) equal protection of the laws

Question 31

Which of the following would NOT be an example of speech plus?

A) burning the American flag
B) assassinating a political leader
C) picketing a factory
D) holding a sit-in at a public park
E) distributing leaflets advocating political reform

Question 32

The Supreme Court case Near v.Minnesota established the principle that:

A) state laws that make flag burning a crime are too lenient
B) only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines
C) news articles that were not truthful received no First Amendment protection
D) the news media could not publish obscene material
E) the government cannot regulate any form of commercial speech

Question 33

The first and most famous test for determining when the government could intervene to suppress political speech was called the:

A) speech plus test
B) clear and present danger test
C) strict scrutiny test
D) Lemon test
E) imminent lawless action test

Question 34

The first modern free speech case in which the Supreme Court interpreted the full scope of the First Amendment was:

A) in the 1790s, soon after the Bill of Rights was ratified
B) during the Civil War
C) in the years right after World War I
D) during the Great Depression
E) during the Cold War

Question 35

Freedom of speech and of the press has a special place in American democracy because:

A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas
B) they are the only liberties explicitly mentioned in the Bill of Rights
C) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment
D) they have never been restricted by any law in the history of the United States
E) they were the only liberties explicitly mentioned in Article I of the Constitution

Question 36

When New York Times reporter Judith Miller was jailed in 2005,it illustrated that:

A) state laws that make flag burning a crime are too lenient
B) prior restraint can still be allowed in cases of national security
C) journalists are held to a higher standard of libel than average citizens
D) parodies are not protected speech
E) journalists can be punished for reporting inaccurate information on political stories

Question 37

The ______ of the First Amendment protects an individual's right to believe and practice whatever religion she or he chooses.

A) establishment clause
B) free association clause
C) free exercise clause
D) religious freedom restoration clause
E) privileges and immunities

Question 38

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called:

A) libel
B) prior restraint
C) strict scrutiny
D) speech plus
E) due process

Question 39

The Bill of Rights was ratified by the states in:

A) 1776
B) 1787
C) 1791
D) 1802
E) 1812

Question 40

Why was the Supreme Court case New York Times v.Sullivan significant?

A) state laws that make flag burning a crime are too lenient
B) The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C) The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D) The Court ruled that pornography is always illegal.
E) The Court ruled that "shield laws" were unconstitutional.

Question 41

The fact that federal courts have relied on a discretionary use of the exclusionary rule in recent years means that:

A) state laws that make flag burning a crime are too lenient
B) states no longer have to follow the Miranda rule
C) it is difficult to know whether a defendant will or will not be protected from an illegal search under the Fourth Amendment
D) defendants will never be protected from an illegal search under the Fourth Amendment
E) defendants will always be protected from an illegal search under the Fourth Amendment

Question 42

About what did Justice Potter Stewart confess,"I know it when I see it"?

A) state laws that make flag burning a crime are too lenient
B) speech inciting violence
C) pornography
D) sedition
E) slander

Question 43

What is a grand jury?

A) state laws that make flag burning a crime are too lenient
B) a jury that determines whether there is enough evidence to justify a trial
C) a jury that determines the sentence after guilt has been proven
D) a jury that determines whether the rights of the accused have been violated
E) a jury that is composed of a large number of jurors

Question 44

The right against ______ prevents persons from being tried twice for the same crime.

A) state laws that make flag burning a crime are too lenient
B) double jeopardy
C) exclusion
D) unreasonable seizures
E) cruel and unusual punishment

Question 45

The Fourth,Fifth,Sixth,and Eighth amendments are largely about:

A) state laws that make flag burning a crime are too lenient
B) the right to privacy and travel
C) the demands that citizens be treated equally
D) the limits of Congress regarding economic regulation
E) the process of amending the Constitution

Question 46

The Fourth Amendment protects against:

A) state laws that make flag burning a crime are too lenient
B) unreasonable searches and seizures
C) self-incrimination
D) quartering military troops in private homes
E) prior restraint

Question 47

The ______ rule forbids the introduction in trial of any piece of evidence obtained illegally.

A) state laws that make flag burning a crime are too lenient
B) exclusionary
C) Miranda
D) ex post facto
E) evidentiary

Question 48

"Due process of law" in the United States is generally defined by the:

A) state laws that make flag burning a crime are too lenient
B) First, Second, Ninth, and Tenth amendments
C) Second, Third, Fourth, and Fifth amendments
D) Fourth, Fifth, Sixth, and Eighth amendments
E) Seventh, Eighth, Ninth, and Tenth amendments

Question 49

Why did the Supreme Court rule the Communications Decency Act unconstitutional?

A) state laws that make flag burning a crime are too lenient
B) Because it violated the First Amendment's right to freedom of assembly.
C) Because it granted too much authority to the executive branch and, therefore, violated the separation of powers.
D) Because it attempted to protect children by suppressing speech that adults have a constitutional right to receive.
E) Because it imposed penalties that were too severe for certain forms of hate speech.

Question 50

The Second Amendment to the U.S.Constitution deals with:

A) state laws that make flag burning a crime are too lenient
B) the quartering of troops
C) due process
D) cruel and unusual punishment
E) self-incrimination

Question 51

What was the Supreme Court case that declared the exclusionary rule?

A) state laws that make flag burning a crime are too lenient
B) Near v. Minnesota
C) Mapp v. Ohio
D) Palko v. Connecticut
E) Griswold v. Connecticut

Question 52

The takings clause states that government may not take private property:

A) state laws that make flag burning a crime are too lenient
B) without prior notification
C) without just compensation
D) without giving it back in due time
E) for any reason

Question 53

Miranda v.Arizona was important because it produced rules that must be used:

A) state laws that make flag burning a crime are too lenient
B) to judge whether printed materials are pornographic or not
C) to determine if some element of the Bill of Rights should be applied to the states
D) to determine whether a warrant should be issued for a police search
E) by the police before questioning an arrested criminal suspect

Question 54

The term eminent domain describes:

A) state laws that make flag burning a crime are too lenient
B) the right of individuals not to have their private property taken by the government
C) the power of the Supreme Court to declare the meaning and scope of all civil liberties
D) the power of the federal government to seize land owned and managed by states, in the public interest
E) the power of state governments to ignore a law enacted by the federal government

Question 55

Which provision of the Bill of Rights has not been nationalized?

A) state laws that make flag burning a crime are too lenient
B) the right against double jeopardy
C) the right to a lawyer
D) freedom from cruel and unusual punishment
E) the right to counsel in any criminal trial

Question 56

The Supreme Court's 2010 ruling in McDonald v.Chicago was significant because:

A) state laws that make flag burning a crime are too lenient
B) it rejected the idea that the Second Amendment applies to state governments
C) It concluded that the Second Amendment applies only to state governments and not to the federal government
D) It banned assault rifles in the United States
E) it upheld the state of Illinois's restrictions on gun ownership by former felons

Question 57

The requirement that persons under arrest be informed of their right to remain silent is known as the ______ rule.

A) state laws that make flag burning a crime are too lenient
B) Gideon
C) Miranda
D) Palko
E) Gitlow

Question 58

Which of the following best reflects the Supreme Court's position on commercial speech,such as advertisements?

A) state laws that make flag burning a crime are too lenient
B) Advertisements receive limited First Amendment protection.
C) Advertisements receive as much First Amendment protection as anything else written in the newspaper.
D) Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
E) The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection.

Question 59

The Court does not give full protection to fighting words because:

A) state laws that make flag burning a crime are too lenient
B) such words are not part of the essential exposition of ideas
C) fighting words are a form of sedition
D) fighting words are a form of obscenity
E) fighting words are necessarily slanderous

Question 60

The due process clause of the Fifth Amendment is best described as:

A) state laws that make flag burning a crime are too lenient
B) a procedural civil liberty
C) a civil right
D) a delegated power
E) an instrumental power

Question 61

The Supreme Court formally articulated the right to privacy in a case involving:

A) state laws that make flag burning a crime are too lenient
B) access to birth control
C) the right to die
D) the right to grow drugs for personal use
E) sodomy laws

Question 62

The right to legal counsel in a criminal proceeding is guaranteed by the:

A) state laws that make flag burning a crime are too lenient
B) Fifth Amendment
C) Sixth Amendment
D) Seventh Amendment
E) Eighth Amendment

Question 63

Legally enforced segregation in public schools is a form of ______ discrimination.

A) state laws that make flag burning a crime are too lenient
B) de jure
C) stare decisis
D) ex post facto
E) habeas corpus

Question 64

In Lawrence v.Texas (2003),the Supreme Court ruled that

A) state laws that make flag burning a crime are too lenient
B) laws criminalizing gay sexual behavior are a violation of the right to privacy.
C) states may compel a 48-hour waiting period before permitting a woman to have an abortion.
D) mandatory locker searches in public schools did not violate the Fourth Amendment.
E) states may require background checks for all individuals purchasing a firearm.

Question 65

Ten years after Brown v.Board of Education,______ percent of black children in the Deep South attended school with white children.

A) state laws that make flag burning a crime are too lenient
B) 20
C) 33
D) 50
E) 67

Question 66

The constitutional authority of Congress to forbid discrimination in employment is based on the

A) state laws that make flag burning a crime are too lenient
B) equal protection clause of the Fourteenth Amendment.
C) privileges and immunities clause of the Fourteenth Amendment.
D) Thirteenth Amendment.
E) Tenth Amendment.

Question 67

The current prohibition on states to criminalize abortion is based on:

A) state laws that make flag burning a crime are too lenient
B) equal protection against sexual discrimination
C) the right to privacy
D) the right against cruel and unusual punishment
E) the free exercise clause

Question 68

The attempt to ratify the Equal Rights Amendment was an important struggle for

A) state laws that make flag burning a crime are too lenient
B) Native Americans.
C) women.
D) gays and lesbians.
E) Latinos.

Question 69

What is the name for school segregation that results from racially divided neighborhoods rather than state laws?

A) state laws that make flag burning a crime are too lenient
B) de jure
C) stare decisis
D) ex post facto
E) habeas corpus

Question 70

"Strict scrutiny" is the level of judicial review the federal courts give to all cases that involve

A) state laws that make flag burning a crime are too lenient
B) gender classifications.
C) age classifications.
D) ability classifications.
E) sexual orientation classifications.

Question 71

Which area was not covered by the Civil Rights Act of 1964?

A) state laws that make flag burning a crime are too lenient
B) public accommodations
C) school desegregation
D) voting
E) military service

Question 72

The case of Gideon v.Wainwright established the right:

A) state laws that make flag burning a crime are too lenient
B) against self-incrimination
C) to be warned of your rights at the time of arrest
D) against suspicionless searches and seizures
E) to an open trial before a judge

Question 73

Which rights do not fall under constitutional arguments in favor of the right to privacy?

A) state laws that make flag burning a crime are too lenient
B) rights of homosexuals
C) right to use pornography
D) right to die
E) right to have access to birth control

Question 74

The Eighth Amendment prohibits:

A) state laws that make flag burning a crime are too lenient
B) cruel and unusual punishment
C) denial of a lawyer in felony trials
D) the violation of habeas corpus
E) unlawful searches and seizures

Question 75

Griswold v.Connecticut (1965)and Roe v.Wade (1973)have been extremely important in the development of:

A) state laws that make flag burning a crime are too lenient
B) American due process
C) New Federalism
D) a test which can be used to determine what is protected speech
E) the rights of individuals accused of a crime

Question 76

Since 1973,the right to an abortion has been:

A) state laws that make flag burning a crime are too lenient
B) upheld but narrowed in scope
C) overturned by the Supreme Court
D) unchanged because the Supreme Court has not heard another case involving abortion
E) repealed by a constitutional amendment

Question 77

The Fair Housing Act of 1968

A) state laws that make flag burning a crime are too lenient
B) had little effect on housing segregation because it was ruled unconstitutional by the Supreme Court in 1969.
C) had little effect on housing segregation because most housing segregation had been eliminated by the Civil Rights Act of 1964.
D) dramatically increased housing segregation.
E) dramatically reduced housing segregation.

Question 78

Why did the Equal Rights Amendment fail to pass?

A) state laws that make flag burning a crime are too lenient
B) It won approval in the Senate but not in the House.
C) It was not ratified by the necessary thirty-eight states.
D) The Supreme Court had declared the amendment unconstitutionally vague before it could be submitted to the states.
E) It was vetoed by President Gerald Ford.

Question 79

Which of the following best summarizes the Supreme Court's ruling in Brown v.Board of Education?

A) state laws that make flag burning a crime are too lenient
B) States that segregate must spend more money to make African American schools equal.
C) States that segregate must spend less money on all-white schools in order to make them equal with African American schools.
D) The federal judiciary, but not Congress, has the power to enforce civil rights.
E) School segregation is unfair but does not violate the Fourteenth Amendment.

Question 80

A woman's constitutional right to an abortion was established in:

A) state laws that make flag burning a crime are too lenient
B) Gideon v. Wainwright (1963)
C) Griswold v. Connecticut (1965)
D) Miranda v. Arizona (1966)
E) Roe v. Wade (1973)