Deck 4: Civil Rights and Liberties

Question 1

What did the Alien and Sedition Acts do?

A) They prohibited immigrants from running for public office in the United States.
B) They encouraged immigrants to perform acts of sedition.
C) They prohibited public criticism of the federal government and increased the president's authority to detain and deport immigrants.
D) They authorized state governments to use their militias to defend federal property against attacks from foreign powers.
E) They issued letters of marque and reprisal to foreign-owned ships to attack vessels transporting slaves to the Confederacy during the Civil War.

Answer 1

C

Question 2

Which of the following would fall under the rights and liberties protections that safeguard United States citizens from government intrusion?

A) the right to assemble
B) the right to vote
C) the right to party
D) the right to a court-appointed lawyer
E) the right to petition the government

Answer 2

A

Question 3

Which of the following would fall under the rights and liberties protections that the United States government must provide to citizens?

A) freedom of speech
B) freedom of religion
C) the right to party
D) the right to vote
E) the right to assemble

Answer 3

D

Question 4

Which body played an especially important role in the implementation of voting rights laws and other laws that began to deal with the discrepancies between African Americans and others in the aftermath of the Civil Rights movement?

A) The United States House of Representatives
B) The United States Senate
C) The U.S. Department of Justice
D) The United States Supreme Court
E) The United Nations

Question 5

Which are the laws passed after the Civil War to establish a system of segregation of public facilities and private establishments that made African Americans second-class citizens?

A) Intolerable Acts
B) Jim Crow laws
C) Apartheid
D) de facto segregation
E) Articles of Confederation

Question 6

Which of the following best describes the Supreme Court's ruling in Korematsu v.United States (1944)?

A) In the case of Japanese internment, security needs outweighed the rights of Japanese Americans and Japanese immigrants.
B) The Japanese could be forced to stay in the camps if the U.S. government could prove that an individual was a potential risk to the country.
C) Naturalized citizens still had rights, and therefore needed to be immediately released from internment, while immigrants and non-naturalized citizens could remain in internment indefinitely.
D) The court ruled that the Japanese citizens and immigrants had limited rights afforded to them, such as the right to due process of law, but other rights, such as the right to bear arms, were rescinded.
E) The Supreme Court ordered the immediate end to the Japanese internment program, finding that the rights of citizens outweighed security needs.

Question 7

What is the primary purpose of the Bill of Rights?

A) to ensure the effective representation of political majorities
B) to limit the ability of political minorities to influence the political process
C) to balance the interests of political factions
D) to protect the rights and liberties of political minorities against the actions of a political majority
E) to expand Congress's set of enumerated powers

Question 8

Which of the following best describes the Founders' use and conception of equality and liberty in the United States Constitution and the Bill of Rights?

A) Notions of equality and liberty were included by the Founders to placate the state of Massachusetts, which found Virginia's lack of rights especially disturbing.
B) Rights and liberties related to equality and liberty were constructed from common law rights and similar rights espoused in the Magna Carta.
C) The Founders based their laws on the notion of a God-given "natural law" that is independent of government, which emphasizes human sameness.
D) The Founders based their laws on French republican law, which had cemented itself in the aftermath of the French Revolution.
E) The Founders based their laws on the Roman Twelve Tables, which increased the rights of the plebes versus the patricians in the 500s BC.

Question 9

Why are courts seen as an institution capable of protecting minority rights?

A) Courts have enforcement measures that require legislatures and executives to comply with their rulings.
B) The United States Congress gave the courts this jurisdiction through the Judiciary Act of 1789.
C) As a non-elected body, the Court is immune from electoral pressures.
D) The Court has historically been a better representative body for minorities than the other two bodies.
E) The Court is immune to a Presidential veto.

Question 10

Which of the following best describes the status of rights and liberties in the United States since the enactment of the Constitution?

A) Rights and liberties have always been clear and well-defined, with little need for interpretation from the Court system.
B) Rights and liberties have changed over time, through the use of the ballot box at the state level.
C) Changes to rights and liberties have not been controversial, as the government, as the American people have generally accepted the increase in rights to individuals.
D) Rights and liberties have evolved over time, due to changing social conditions, laws, and events.
E) All changes to rights and liberties have come from the courts, starting with the case Haley v. United States (1874).

Question 11

Which is a social movement of the 1950s and 1960s promoting the goals of equal treatment under the law and nondiscrimination,particularly for African Americans?

A) Jim Crow
B) pacifist movement
C) labor movement
D) civil rights movement
E) feminist movement

Question 12

Which of the following is true of rights and liberties not explicitly stated in the United States Constitution or the Bill of Rights?

A) These rights do not exist, and the federal government can restrict these rights at will.
B) The Eighth Amendment protects individuals in all rights not explicitly stated by the Bill of Rights.
C) These rights are discovered by the courts in the Constitution and Bill of Rights.
D) The President has control over what non-explicit rights are protected and which ones are not.
E) The states are left to interpret the Constitution and make law, which cannot be overturned due to the primacy of federalism.

Question 13

In Korematsu v.United States,the Supreme Court ruled that during wartime the needs of national security trumped the individual rights of Japanese Americans.What is this an example of?

A) stare decisis
B) strict scrutiny
C) judicial review
D) incorporation
E) a civil rights and liberties failure

Question 14

Which of the following is TRUE of the Virginia Declaration of Rights?

A) It included a provision giving slaves the right to vote in the state.
B) It became the basis for other bills of rights, including the United States Bill of Rights.
C) It only deals with the rights protecting individuals from government, not the rights government must give to citizens.
D) It was ignored during its own time, but has recently been taken up by Tea Party groups as a way to better interpret the United States Bill of Rights.
E) It was the first rights bill passed after the U.S. Bill of Rights, becoming the basis for incorporation.

Question 15

In the Philip K.Dick short story and Steven Spielberg film "Minority Report",individuals with heightened psychological senses see crimes occur before they actually happen,which allows the police to arrest individuals on the basis of the visions before a crime has occurred.What body would define the limits on this sort of practice,and why?

A) the Supreme Court, because they have final say over what types of laws they hear cases about
B) the Supreme Court, because they are considered to be the key rulers in the definition of institutional boundaries on governmental and individual conduct
C) the United States Congress, because they are considered to be the key rulers in the definition of institutional boundaries on governmental and individual conduct
D) the United States Congress, because they craft and develop the laws in the United States
E) the United States President, because his or her veto can stop legislation from being enacted

Question 16

Which institution or institutions is/are most directly responsible for enforcing the Constitution's limits on government power?

A) Congress
B) the president
C) states
D) federal courts
E) the United Nations

Question 17

Which of the following best describes the reaction (in terms of the balance between security and liberty)to the movement in the 1960s by the federal government to infiltrate and spy on groups opposed to the Vietnam War?

A) These actions are generally considered to be just today, with their Constitutionality well-defined by the courts and scholars.
B) The spying is considered to have been legitimate, but infiltration was considered to be non-legitimate, with the Supreme Court finding that infiltration of a group violates their freedom to assemble.
C) The infiltration is considered to have been legitimate, but spying was considered to be non-legitimate, with the Supreme Court finding that spying on a group violates their freedom of speech.
D) Both infiltration and spying were thrown out as methods of police action due to the Supreme Court case Marsh v. Chambers (1983).
E) There has been no consensus on whether these tactics were legitimate law enforcement or violations of civil rights and liberties.

Question 18

Which of the following is true of how the United States has generally dealt with new populations of immigrants?

A) Known for being a melting pot of cultures, the United States has always been accepting of immigrant groups, with equal rights given to naturalized citizens.
B) Immigration discrimination problems are only a recent development, directed primarily at Mexican Americans and Arab Americans.
C) Known for being a melting pot of cultures, the United States has always been accepting of immigrant groups, with equal rights given to green card holders.
D) Generally speaking, immigrant groups have faced discrimination throughout U.S. history, with discrimination centering around different groups over time.
E) Immigration is an issue that has primarily been taken up at the Congressional level over time.

Question 19

Which Supreme Court decision held that blacks did not possess the rights and freedoms guaranteed to citizens under the U.S.Constitution?

A) Engle v. Vitale
B) Marbury v. Madison
C) Plessy v. Fergusson
D) Roe v. Wade
E) Dred Scott v. Sandford

Question 20

What is the principal reason that American courts must depend on legitimacy to ensure compliance with their decisions?

A) Courts usually lack independent mechanisms to enforce their decisions.
B) Most court decisions are unpopular.
C) The president and Congress are prohibited from enforcing judicial decisions under the separation of powers.
D) States may nullify illegitimate judicial decisions.
E) The Bill of Rights declares judicial legitimacy.

Question 21

A statute that discriminates on the basis of ____________________ would be reviewed under intermediate scrutiny by the U.S.Supreme Court.

A) race
B) religion
C) ethnicity
D) sex
E) national origin

Question 22

Which standard of judicial review requires only that a law have a reasonable relationship between its goal and the means used to achieve it?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 23

Which of the following would best be described as a case where incorporation occurs?

A) NFIB v. Sebelius (2012), where the Supreme Court decided that the Affordable Care Act is constitutional due to the taxing clause in the U.S. Constitution
B) Marbury v. Madison (1803), where the Supreme Court established its power over judicial review
C) Baker v. Carr (1962), in which the Supreme Court established the "One Man, One Vote"standard
D) McDonald v. Chicago (2010), where the right to bear arms is extended to state and local governments
E) Loving v. Virginia (1967) where interracial marriage bans are struck down.

Question 24

A law prohibiting ____________________ from operating a motor vehicle on public streets would be reviewed under the rational basis test.

A) Catholics
B) legally blind individuals
C) Men
D) naturalized citizens
E) Latinos

Question 25

Under U.S.legal code,which of the following types of discrimination is the most generally accepted?

A) race
B) religion
C) economic criteria
D) sex
E) national origin

Question 26

The constitutionality of affirmative action programs is evaluated under ____________________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 27

Which standard of judicial review requires a statute to advance an "important state interest" and be "substantially related" to its objective?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 28

A law that banned Inuits from buying property in Alaska would be reviewed under which of the following standards of judicial review?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 29

The constitutionality of a state law prohibiting legal immigrants from adopting children would be reviewed under ____________________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 30

In Cantwell v.Connecticut,the Supreme Court ruled that a Connecticut law requiring people wishing to solicit donations for religious organizations to obtain a permit from the state was unconstitutional under the First and Fourteenth Amendments.This case is,therefore,an example of ____________________.

A) Jim Crow
B) civil rights
C) civil liability
D) double jeopardy
E) incorporation

Question 31

Which is the right to legal protections against arbitrary deprivation of life,liberty,or property?

A) due process
B) natural right
C) equal protection
D) civil right
E) civil liberty

Question 32

Which standard of judicial review requires a statute to advance a "compelling state interest" and represent the "least intrusive means" to do so?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 33

Arthur wakes up one morning and finds out that the federal government is about to bulldoze his house and replace it with a highway,and he will not be receiving any compensation for his deprivation of property.Which of Arthur's rights has just been violated?

A) Right to due process
B) Freedom of speech
C) Right to eminent domain
D) Right to prior notice
E) Right to a fair trial

Question 34

Which is the most restrictive standard of review used by the Supreme Court?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 35

Which is the least restrictive standard of review used by the Supreme Court?

A) rational basis test
B) undue burden test
C) Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 36

The Equal Rights Amendment proposed to eliminate discrimination on the basis of ____________________.

A) race
B) religion
C) immigrant status
D) sex
E) ethnicity

Question 37

The constitutionality of a state law prohibiting single men but not single women from adopting children would be reviewed under ____________________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 38

Which is the principle stating that laws passed and enforced by states must apply fairly to all individuals?

A) due process
B) natural right
C) equal protection
D) civil right
E) civil liberty

Question 39

What event effectively began the process of incorporation in the American states?

A) the ratification of the Fourteenth Amendment
B) the election of Chester A. Arthur as President of the United States
C) Dred Scott v. Sandford (1858)
D) Plessy v. Ferguson (1898)
E) the passage of the Voting Rights Act.

Question 40

Which is the process by which the rights and liberties guaranteed by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment?

A) eminent domain
B) establishment
C) expansion
D) applied
E) incorporation

Question 41

Identify and explain the three major standards of review that the Supreme Court uses to judge the constitutionality of state and federal laws that create classifications among citizens.What types of laws trigger review under each standard? Which standard imposes the most difficult burdens on the government defending a law? Why?

Question 42

How does the American system of rights and liberties compare to those in other democratic countries? In what ways do Americans have more rights than citizens of other democracies? In what ways do Americans have fewer rights than citizens of other democratic countries?

Question 43

According to Utilitarian claims on the justification for rights and liberties,how are rights and liberties justified?

A) Individuals have traded the government their right to secure themselves in return for liberty.
B) The more voices heard in a society, the better a society can be due to the potential for creativity.
C) The very notion of humanity gives people rights.
D) Documents like the Magna Carta and the Declaration of Independence give people civil rights and liberties.
E) The community collectively gives rights in order to maximize the group dynamic.

Question 44

What are the trade-offs involved in the systems of rights and liberties established by the U.S.Constitution? How do citizens benefit from these limitations on government power? How do constitutional protections potentially harm or impose costs on citizens or on the community? In your opinion,has the U.S.system of rights and liberties struck an appropriate balance between individual rights and community needs? Why or why not?

Question 45

Why is balance so important to the question of rights and liberties decisions by the Supreme Court?

A) Balance allows for future nuance in rulings.
B) Balance serves to help maintain a society that is both ordered and protects rights and liberties.
C) Balance allows the other branches of government to make decisions.
D) Balance makes the public debate the issue more thoroughly.
E) Balance leads to generally calmer discourse on policy.

Question 46

Define the terms civil rights and civil liberties.How are these concepts related? How are they different? Identify three civil rights and civil liberties protected by the Bill of Rights.

Question 47

Which are efforts to redress previous discrimination against women and minorities through active measures to promote their employment and educational opportunities?

A) naturalization
B) suffrage
C) Jim Crow
D) remedial progress
E) affirmative action

Question 48

Which of the following democracies best resembles the United States both in terms of history and its approach to civil rights and liberties?

A) The United Kingdom
B) The Netherlands
C) France
D) Portugal
E) Mexico

Question 49

Which of the following best describes the current state of the debate over abortion in U.S.politics?

A) There is no abortion debate in American politics: the issue was resolved in Roe v. Wade (1973).
B) Abortion is an issue only within the states, and is not a national issue.
C) The Court has stayed out of the issue since Roe v. Wade, allowing states and the federal government to make laws.
D) The issue is still controversial, and has polarized presidential politics, parties, and Supreme Court nominations.
E) The federal government is concerned with abortion, while state governments have for the most part used the decision in Roe v. Wade as their primary policy on the issue.

Question 50

According to moral claims on the justification for rights and liberties,how are rights and liberties justified?

A) According to the Bible, Moses's receipt of the Ten Commandments gave people inherent rights and liberties.
B) The more voices heard in a society, the better a society can be due to the potential for creativity.
C) The very notion of humanity gives people rights.
D) Documents like the Magna Carta and the Declaration of Independence give people civil rights and liberties.
E) The community collectively gives rights in order to maximize the group dynamic.

Question 51

Which of the following best describes the current state of affirmative action law,in the aftermath of the Bollinger cases of 2003?

A) Race can be used as a factor in admission or hiring, and can be the only factor used in certain circumstances.
B) Race can be used as a factor, but it cannot be the only factor used in hiring and admission.
C) Special quotas for different races are allowed.
D) The U.S. Congress has authority over what types of affirmative action are legal, and what are not.
E) Race can never be used under any circumstances in hiring and admissions.

Question 52

Which of the following best describes rights in the United States versus other democracies?

A) Rights like the freedom of speech and freedom of assembly are generally more restrictive in American democracy than in other democracies.
B) Rights like the freedom of speech and freedom of assembly are generally more open in American democracy than in other democracies.
C) Criminal defendants have fewer rights in the United States than in other countries.
D) Social rights are more fundamental in American democracy than in other democracies.
E) The United States is the first representative democracy in the world, so all other democracies have exactly the same civil rights as the United States.

Question 53

Identify two major failures of the constitutional system of rights and liberties that have occurred in American history.What circumstances produced these failures? How have they been addressed? In your opinion,how successful have these efforts been?