Deck 4: Civil Liberties and Civil Rights

Question 1

Although the Fourteenth Amendment reads as if its authors meant to extend the entire Bill of Rights to the states, the Supreme Court:

A) immediately ruled that the entire Bill of Rights should not be extended to the states.
B) soon ruled that it only applied to eminent domain cases, ones involving the public taking of property from private citizens.
C) saw the Fifth Amendment's due process clause as more important.
D) did not extend most of the Bill of Rights to states until nearly a century after the amendment's ratification.

Answer 1

D

Question 2

The United States has experienced extensive controversy about government surveillance, including the collection of phone, e-mail and Internet search data, in the name of national security, the prevention of terrorism, and the saving of American lives.While some have seen the domestic spying as necessary in a globalized world where terrorists can more easily seek to carry out operations undetected, others have decried the work as being a violation of citizen liberties.In this way, the debate reflects the tension and contradiction inherent in the assertion found in the Declaration of Independence that governments are created to protect:

A) life, liberty, and property.
B) life, liberty, and the pursuit of happiness.
C) a society formed with the consent of the governed.
D) the natural equality of all persons.

Answer 2

B

Question 3

The Bill of Rights is basically a series of amendments on what:

A) citizens must do.
B) states must not do.
C) only the federal government must not do.
D) the federal government and, through case-by-case Supreme Court rulings, states must not do.

Answer 3

D

Question 4

The many constraints seen in the Bill of Rights, such as the Third Amendment's prohibition of quartering troops in private homes, protect_______.

A) civil rights
B) civil liberties
C) civic guarantees
D) the rights of the accused

Question 5

The First Amendment to the U.S.Constitution explicitly addresses itself to the national government, stating specifically that Congress shall ______________ respecting _______.

A) make no law; speech, press, assembly, and religious liberties
B) exercise restraint; speech, press, assembly, and religious liberties
C) exercise restraint; the right to bear firearms
D) make no law; the right to refrain from testifying against yourself

Question 6

Which clause in the Constitution extended civil rights to all persons?

A) Privileges and immunities clause
B) Equal protection clause
C) Full faith and credit clause
D) Supremacy clause

Question 7

Although civil rights originally referred to government obligations to and treatment of citizens, and was also extended to allowing or increasing access to public facilities, the idea has increasingly come to refer to how people are treated in private spheres, including:

A) in employment and the workplace.
B) access to the tax benefits conferred to married couples.
C) the right to privacy in marital relations.
D) the right to obtain and use contraception.

Question 8

This term refers to constitutional guarantees that protect citizens from improper governmental action:

A) civil rights.
B) civil liberties.
C) the rights of the accused.
D) civil defense.

Question 9

The Fourth Amendment right to be protected from unreasonable government searches and seizures is an example of ___________.

A) a civil right
B) the right to privacy
C) eminent domain
D) a civil liberty

Question 10

Which form of speech is the most consistently protected?

A) artistic
B) political
C) religious
D) commercial

Question 11

The notion that each American is a citizen of the national government and separately a citizen of one of the states is known as

A) double jeopardy.
B) double identity.
C) dual federalism.
D) dual citizenship.

Question 12

The government's obligation to allow African Americans to exercise their opportunity to vote is an example of a:

A) civic virtue.
B) civil liberty.
C) civil right.
D) civic duty.

Question 13

In the American Constitution, civil rights issues arise under the _____________ clause.

A) supremacy
B) due process
C) equal protection
D) necessary and proper

Question 14

In 1954, the Supreme Court in Brown v.Board of Education overturned the infamous "separate but equal" doctrine articulated in which previous case?

A) Mapp v.Ohio
B) Plessy v.Ferguson
C) Duncan v.Louisiana
D) Dred Scott v.Sandford

Question 15

A statute restricting expressive or symbolic speech must be narrowly tailored and justified by:

A) a compelling government interest.
B) the direct incitement standard.
C) the clear and present danger standard.
D) the reasonable person standard.

Question 16

The clause in the Bill of Rights that protects a citizen's right to believe and practice whatever religion he or she chooses is known as the ______________ clause.

A) establishment
B) free exercise
C) freedom of religion
D) free-spirited

Question 17

In which amendment does the equal protection clause appear?

A) The Nineteenth Amendment
B) The Seventeenth Amendment
C) The Sixteenth Amendment
D) The Fourteenth Amendment

Question 18

In modern-day Germany, the national government levies a "church tax," meaning that citizens who are church members are required to give a portion of their income (through taxation) to support their home churches.This is an example of a practice that in the United States would:

A) be considered a clear violation of the First Amendment's establishment clause.
B) be considered a violation of the Second Amendment rights of American churchgoers.
C) a clear violation of the Fifth Amendment's due process clause.
D) a clear violation of the First Amendment's free exercise clause.

Question 19

The incorporation of the Bill of Rights into the Fourteenth Amendment took place through:

A) the action of state governments gradually over time.
B) a single legislative action of Congress that was signed by the president.
C) the action of the U.S.Supreme Court gradually over time.
D) a single major decision of the U.S.Supreme Court.

Question 20

In contrast to civil liberties, who enjoys civil rights in the United States has been less of a strictly constitutional matter over time, and more:

A) a political one, with civil rights developed through public pressure, legislation, litigation, and administration that occurred after the country was founded.
B) one of principle, regarding American beliefs about equality and opportunity,
C) a strictly judicial matter, with civil rights questions decided largely by federal courts.
D) a strictly legislative matter, with changes coming only by the passage of civil rights protections via laws with teeth, such as the Civil Rights Act of 1964.

Question 21

The requirement that the judicial system must proceed according to law and with adequate protection for individual rights is known as the:

A) due process of law.
B) equal process clause.
C) fairness doctrine.
D) privileges and immunities clause.

Question 22

Which of the following is true of the institutions responsible for advancing the civil rights of African Americans?

A) Courts accomplished the work on their own.
B) Congress accomplished the work on its own.
C) Bureaucrats accomplished most of the work.
D) Congress and the courts were mutually responsible for advancing civil rights.

Question 23

A policy that gave extra "points" toward law school admission for a minority student would exemplify which kind of program?

A) Reparation
C) Quota system
B) Affirmative action
D) Supportive redistribution

Question 24

In Miller v.Alabama, from 2012, the Supreme Court declared that mandatory sentencing of juvenile offenders to life without the possibility of parole constituted:

A) a violation of the Eight Amendment protection against cruel and unusual punishment.
B) a civil rights violation, since the sentencing was being disproportionality carried out against juveniles of minority status.
C) a constitutionally allowable practice, since the mandatory sentences were cruel, but not unusual, historically speaking.
D) a morally wrong practice, by global standards, and thus unworthy of upholding.

Question 25

In what way did the Supreme Court decide to apply most of civil liberties guaranteed under the Bill of Rights to the states?

A) After several amendments were added to the Constitution after the Civil War
B) Over time, mostly in the twentieth century, as the Court incorporated provisions from the Bill of Rights into the Fourteenth Amendment
C) Over time, after harsh public reaction in the wake of Barron v.Baltimore, an 1883 case in which the Court suggested that the Bill of Rights did not apply to the states
D) Soon after passage of the Fourteenth Amendment, which was added to the Constitution after the Civil War

Question 26

Although the Supreme Court has, over time, refused to allow gender discrimination to be considered as equal to racial discrimination, it has made it easier to file and win gender discrimination by:

A) applying intermediate scrutiny to gender cases, a standard that places the burden of justifying a law or policy mainly on the government, but not as firmly as it does in racial discrimination cases.
B) applying semi-strict scrutiny to gender cases, which allows courts to think of gender discrimination as the equivalent of racial discrimination in many cases.
C) allowing women to file gender complaints with federal agencies, including the Equal Employment Opportunity Commission.
D) allowing women to file sexual harassment cases against employers

Question 27

Speech accompanied by activities such as picketing, distributing leaflets, or other forms of peaceful demonstration is referred to as:

A) speech plus.
B) expression plus.
C) libel and slander.
D) sedition.

Question 28

Although symbolic speech is entitled to a measure of constitutional protection, the Supreme Court upheld a federal statute making it a crime to burn draft cards (a form of symbolic speech) because:

A) a majority of citizens found draft-card burning to be offensive.
B) the burning constituted a direct incitement to rebellion against the United States.
C) the government had a compelling interest in preserving its ability to conduct the draft.
D) the government has the power to restrict the burning of any symbol of governmental authority.

Question 29

In the early 1970s, a federal court injunction prevented the New York Times newspaper from publishing excerpts of a highly controversial, classified Department of Defense study of American military actions in Vietnam, a study popularly referred to as the Pentagon Papers.A former U.S.military analyst, Daniel Ellsberg, had illegally leaked the study to the Times, and later the rival Washington Post.The Supreme Court, however, later refused to keep the newspapers from printing the excerpts, on the grounds that the government cannot, except in extraordinary circumstances, engage in prior restraint, a name referring to the practice of:

A) keeping nonbroadcast media from publishing whatever they wish.
B) keeping the media from publicizing the content of classified documents on national security grounds.
C) exercising emergency censorship powers during wartime.
D) exercising emergency powers over the media for the purposes of ongoing national security.

Question 30

The greatest achievement of the movement for rights of the disabled was:

A) a provision of the 1973 Rehabilitation Act that outlawed discrimination against individuals with disabilities.
B) passage of the 1990 Americans with Disabilities Act.
C) the Wheelchair Access Act of 1982.
D) the Supreme Court ruling defining HIV as a disability.

Question 31

Diskou, a Haitian-American hip-hop and social media star, as well as social activist, has recently been critical of American hurricane recovery aid in the Caribbean.He says that the millions of dollars given by Americans have not helped the region, despite the givers' intentions, due to extreme corruption in American government and its nonprofit sector.A prominent newspaper writer and cable news host has, however, suggested that Diskou is unpatriotic and, besides, has never done much to help the foreign countries he claims to be concerned about.The hip-hop activist soon tells friends that he is considering filing a lawsuit against the columnist and host for libel, because he has had promoters cancel tour dates in response to the critic's remarks.Unfortunately, recent American court decisions suggest that he is unlikely to win in court, given that _____________________.

A) his career is unlikely to be affected over the long term by disparaging media commentary
B) a federal judge is unlikely to have sympathy for someone who seeks public attention
C) American courts have significantly narrowed the meaning of libel, particularly for public figures (or people voluntarily in the public eye)
D) libel has proven to be nearly impossible for federal courts to strictly define

Question 32

The Fifth Amendment's proscription against depriving any "citizen of life, liberty or property without due process of law" did not apply to the states until the same language made its way into:

A) a federal statute passed in response to Barron v.Baltimore, an 1883 case which the Court suggested that the Bill of Rights did not apply to the states.
B) Supreme Court decisions handed down after the Civil War that banned slavery and increased the power of the federal government.
C) the Thirteenth Amendment, which banned slavery and involuntary servitude in the United States, and won ratification after the Civil War.
D) the Fourteenth Amendment, which concerns the rights of citizenship, and was passed in the wake of the Civil War.

Question 33

According to modern interpretation of the principle of eminent domain, the U.S.Constitution:

A) prohibits most public agencies from taking property from its citizens.
B) permits most public agencies to take property from private citizens without compensation.
C) requires public agencies to justly compensate for property taken from private citizens.
D) allows state and local governments, but not the national government, to seize property for public purposes (with compensation).

Question 34

The power of public agencies to seize private property is called:

A) estate seizure.
B) sovereign domain
C) privileged position.
D) eminent domain.

Question 35

When legal scholars or constitutional law specialists say that the Supreme Court incorporated provisions of the Bill of Rights into the Fourteenth Amendment, they mean that the Court:

A) decided over time that the provisions applied to all citizens, including former slaves.
B) ruled that provisions of the Bill of Rights apply to the states.
C) extended the reach of the Fourteenth Amendment beyond what is stated in its text.
D) ruled that due process of law was applied differently to states than the federal government.

Question 36

In 2003, the U.S.Federal Trade Commission (FTC) filed a formal complaint against a major fast food chain over what it called deceptive advertising.In television spots, the chain claimed that its fried chicken was healthier than other fast food, when compared for fat, carbohydrate, and protein content.The fast food purveyor ended up settling with the FTC, and pulling the ads.Even so, federal court long established that the agency has the power to regulate false or misleading advertising because:

A) commercial speech is not fully protected under the First Amendment, since it cannot be considered political speech.
B) the government's compelling interest in protecting the health and safety of consumers outweighs the First Amendment rights of private businesses.
C) only individuals have First Amendment rights, not businesses or corporations.
D) money spent on advertising is not considered speech.

Question 37

Why is commercial speech not entitled to full First Amendment protection, even though protections of such have increased in recent times?

A) Regulating commercial speech protects gullible consumers from rampant overspending.
B) Commercial entities have a history of making reliable advertising claims, and the Supreme Court wanted that to continue.
C) Commercial speech is not political speech, so it can be regulated more heavily.
D) Commercial speech always targets minors, who need greater protection.

Question 38

A written statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious and defamatory is known as:

A) obscenity.
C) fighting words.
B) libel.
D) offensive reprisal.

Question 39

What is the difference between libel and slander?

A) Libel is spoken, and slander is written.
B) Libel is written, and slander is spoken.
C) Libel is illegal, while slander is not.
D) Slander is illegal, while libel is not.

Question 40

As forbidden by the U.S.Constitution, trying a person more than once for the same crime is referred to as:

A) dual prosecution.
B) double jeopardy.
C) dual adjudication.
D) undue process.

Question 41

In recent times, the mayor and council of Mortifort, a small southern town with a mostly churchgoing populace, have been under pressure from constituents to do something about the Church of the Redeeming Lash.The church, although a Christian one like others in town, features the ancient ritual of self-flagellation in weekly services.For this, male members beat themselves over their shoulders with a cattail whip.Although practiced for centuries, this ritual has sometimes left some enthusiastic participants at the Mortifort church in need of emergency medical treatment. After one particularly brutal case, the council finally acts on constituent concerns in passing an ordinance that bans the practice locally, on public health grounds.How might this be constitutionally acceptable?

A) In no way, since Americans have a First Amendment right to practice as they choose, or decline to practice, as the case may be.
B) The town had the public's health-a public interest-in mind in deciding to regulate the manner of the religious practice here.
C) Regulations may be passed when the actions involved violate community standards.
D) Religious speech, like all speech, can be regulated when it moves toward the sphere of harmful action.

Question 42

Over time, Supreme Court rulings have suggested that Americans are free to hold any religious beliefs.Even so, government regulations on _____________, as regards expression of those beliefs, may be acceptable.

A) solicitation and context
B) content, and place or context
C) time, place, and manner
D) time, place, and content

Question 43

In 2011, the Supreme Court allowed members of the Westboro Baptist Church to picket the funerals of American soldiers, despite their use of harsh, insulting language on signs, because the Court:

A) ruled that the First Amendment protects even hurtful and offense political speech.
B) struck down the fighting words doctrine, which banned deliberatively provocative language in certain settings.
C) asserted that the church's actions were protected under the First Amendment's free exercise clause.
D) suggested that the church's picket was protected speech, religious expression, and peaceable assembly.

Question 44

The basis for the Supreme Court's decision in Roe v.Wade was an evolving understanding of ____________ in a case involving state restrictions on abortion services.

A) the right to privacy
B) the equal protection clause
C) women's health care
D) medical research on neonatal care

Question 45

In 2014, the Supreme Court struck down aggregate, or combined, limits on individual contributions to candidates for federal office on the grounds that:

A) the federal government could not clearly demonstrate that a lack of aggregate contributions would increase the possibility of public corruption.
B) spending money on behalf of candidates is a form of speech protected by the First Amendment, as held in Buckley v.Valeo.
C) the reasoning for the limits was deemed to be overly broad, and thus a violation of First Amendment speech rights.
D) the reasoning for the limits was deemed to lack neutrality, given that they targeted the wealthy.

Question 46

The contemporary conception of a constitutional right to privacy was established in:

A) Roe v.Wade, which legalized women's access to abortion services.
B) Griswold v.Connecticut, which declared unconstitutional a state statute that prohibited the use of contraceptives.
C) Palko v.Connecticut, which declared unconstitutional a state statute that prohibited the use of birth control.
D) Planned Parenthood v.Casey, which allowed women's continued access to abortion service, while allowing for a waiting period and parental consent.

Question 47

In Brown v.Board of Education, the Supreme Court surprised many observers by rejecting scholarly arguments about whether racial segregation of public schools violated the Fourteenth Amendment's equal protection clause.Instead, when striking down the decades-old court doctrine of "separate, but equal," the Court considered only the consequences of segregation, and used them to ultimately suggest that:

A) separate was inherently unequal in public education, under racial segregation.
B) separate but equal was morally wrong by American and global standards.
C) de facto and de jure segregation were equally worth ending in public education.
D) segregation in public education had to end, as did discrimination in employment, public accommodations, juries, voting, and other areas of social and economic activity.

Question 48

The president of a New Jersey public school district is a newfound believer in student uniforms, having read extensive research on how they lead to decreases in bullying and gang involvement, and increases in discipline and self-esteem.After getting his board to approve a uniform plan, however, he hears complaints from families of a small religious sect-an offshoot of Sunni Islam-with students in the district.They wear head coverings that do not comply with uniform policies, and often feature policy-banned local gang colors besides. The district president agrees to work with the families to develop a standardized head covering, ones that will not feature gang colors, but will satisfy religious requirements.His efforts do not placate all of the families, however, and a group of them threatens to sue the district for violation of religious freedom protections under the First Amendment.What would be the district president's best defense, of those offered below?

A) The district policy has a clearly secular purpose, as the Lemon test requires, and the president's working with the families showed that he did not want to inhibit religion here either.
B) The remaining parents are seeking government recognition for their religion, in violation of the First Amendment's establishment clause.
C) The policy does not promote the entanglement of government and religion, as proscribed under the Lemon test.
D) The district policy is allowable as a time, place, or manner restriction, under Supreme Court rulings.

Question 49

While it is easy to say that obscene materials and imagery should not receive protection under the First Amendment, it has proven difficult over time to regulate it, given that ___________.

A) pornographers often engage in protected political speech, despite appearances to the contrary
B) courts have repeatedly asserted that adults have a right to receive adult content
C) the courts say that governments can only regulate pornography when citing a legitimate public interest for doing so
D) defining or identifying obscenity is notoriously difficult, and impractical

Question 50

In the 2003 case Lawrence v.Texas, the Supreme Court ruled that states cannot decide to criminalize the private sexual behavior of any American, including those who may be gay or lesbian.In so doing, justices overturned ______________________, a case decided seventeen years before.

A) Bowers v.Hardwick, which declared that gays and lesbians had no privacy rights
B) Bowers v.Hardwick, in which the Court ruled that the Constitution did not confer upon gays and lesbians any fundamental right to engage in sexual activity
C) Furman v.Georgia, in which the Court held that gays and lesbians had no privacy rights
D) Texas v.Johnson, in which the Court held that lesbians did not have any fundamental right to privately obtain contraception

Question 51

Clifford Frymoyer, an evangelist associated with a so-called "megachurch," a congregation of thousands that meets in a former professional basketball arena, knew his idea for giving a large Ten Commandments display to his local county government would likely be controversial.Even so, he thought federal judges would likely be accommodating to the display, since it would sit within the sprawling courthouse grounds, and not a courtroom.A national civil liberties group soon sues in federal court, however, arguing that the display is still so prominent that it constitutes a government endorsement of religion.How is this case likely to come out for Rev.Frymoyer?

A) Federal courts, including the Supreme Court, are increasingly accommodating to religion in public life, so any ruling will likely be favorable.
B) The display is almost but guaranteed to be ruled unconstitutional by a federal judge or judges.
C) The case is likely to be thrown out, since the courts have repeatedly ruled in favor of religious expression at public hearings.
D) It would be hard to say, given that the Supreme Court has issued confusing and inconsistent rulings regarding Ten Commandments displays.

Question 52

Heritage Not Hate, a group that wants to protect statues that honor southern Civil War leaders and soldiers, has stirred controversy by scheduling a series of summer rallies in cities nationwide.Civil rights organizations, anti-racism groups, and socialist party members have announced plans to protest at the rallies.Meanwhile, police departments in the targeted cities have coordinated with one another in developing plans to reduce the potential for unrest.Among their ideas: limitation of protest areas to specified "free speech zones," and the separation of opposing groups. The pro-Confederate and opposing groups both decry the free speech zone idea, saying that it will stifle the dissemination of ideas and squelch political speech.Law enforcement responds by pointing to violence at recent white supremacist rallies, and say they must balance the need for First Amendment protection with the need for public order.
How would federal courts most likely respond to a suit against these measures, among the following options?

A) Rejection of the complaint, given justices' emphasis on the importance of public order
B) With skepticism and close scrutiny of government plans, although with concern for balancing speech and assembly rights with public order
C) Complete rejection of the idea that public order would be of any concern, and removal of law enforcement impediments to disseminating ideas
D) With skepticism and strict scrutiny of the demonstrating groups, and a higher priority given to the need for public order

Question 53

Upon ratification of the Twentieth Amendment in 1920, women gained:

A) the right to privacy for the obtainment and use of contraception.
B) the right to vote in federal elections.
C) the right to vote in all American elections, whether federal, state, or local.
D) the right to vote in federal elections, as long as they held property.

Question 54

Despite the commonly held belief that the First Amendment's establishment clause provides a clear separation or a wall between church and state, the Supreme Court has:

A) only kept the federal government from naming an official church.
B) kept the federal, as well as all state and local governments, from recognizing an official state religion.
C) been strict in some areas of church and state and interaction (as with prayer in public schools), and more accommodating in others (such as prayers at public meetings).
D) been increasingly accommodating of church and state interaction.

Question 55

A few years before the handing down Brown v.Board of Education, the Supreme Court had already questioned whether separate could ever be equal when it rejected segregation in:

A) a university law school.
B) hospitals and other health care facilities.
C) a university undergraduate program.
D) local election plans nationwide.

Question 56

The family-owned Hobby Lobby chain of craft stores won its legal challenge of an Affordable Care Act provision that would have required it to offer ______________ to female employees, something the owners saw as a violation of their religious liberty.

A) health-care insurance
B) first-trimester abortions upon request
C) free family planning consultation
D) free contraception

Question 57

Over the past year, members of a group unofficially known as Paragon Crypto-which grew out of devotion to a decentralized, digital currency-have been posting strongly antigovernment commentary and messages through poplar social media services.As their activity has grown, however, so has attention from the media and law enforcement.Federal employees have complained of feeling threatened by members' use of racist language and profanity, as well as talk of starting a political revolution to destroy the federal government. Eventually, federal agents and state police in New York arrest some especially active members on charges of inciting violence.A legal foundation that comes to the aid of Paragon Crypto members suggests, however, that these members had only expressed general dissatisfaction with the government, and never directly threatened violence against any specific person or group.Does this sound like a valid defense, given what you have learned about free speech protections?

A) Yes, since the members engaged in political speech, and did not explicitly advocate physical harm
B) No, since members of the group used racist and profane "fighting words" in remarks to federal government employees
C) No, since the members used racist and profane language in threatening to overthrow the federal government
D) Yes, since the increase in group activity and its harsh language show that it is likely to soon engage in imminent lawless action

Question 58

According to modern interpretation of the principle and practice of eminent domain, state and local governments cannot constitutionally:

A) take property from people in their jurisdictions, unless they engage in illegal activity.
B) take property from private citizens without just compensation, and for a public purpose.
C) take property from elected public officials without just compensation.
D) take property away from anyone, for any purpose, unless authorized to do so by a federal agency or Congress.

Question 59

The family owners of a small media company, all members of a controversial religious group known for being virulently opposed to psychiatry, are upset by a new federal mental health law.The law forces companies to pay for the psychiatric care of individuals who want to recover from drug and alcohol abuse.The company is now considering a lawsuit to challenge the law.On what grounds would you say that the owners would be best advised to file suit?

A) As a violation of free exercise rights protected under the First Amendment
B) As a violation of the establishment clause of the First Amendment, when classifying psychiatry as a religion, as opposed to a scientific and clinical discipline
C) As a violation of religious liberties protected under the Religious Freedom Restoration Act of 1993
D) As not passing the Lemon test, given its inhibition of religious practice in this case

Question 60

The Supreme Court has been _______________in enforcing a separation between church and state in the case of prayer or religious observance at public schools or official school events, such as graduations and football games:

A) strict, or consistent
B) wildly inconsistent
C) strict when it comes to prayer or religious observance in schools, but accommodating when it comes to official public school events,
D) increasingly lenient, or accommodating to religious people,

Question 61

The Fourteenth Amendment created an immediate understanding that the protections in the Bill of Rights applied to both state governments and the federal government.

Question 62

Brown v.Board of Education required school districts to bus some black children into white neighborhoods (and some white children into black neighborhoods) to attend school so as to achieve desegregation.

Question 63

The most severe restraint imposed by the Constitution and the courts on police behavior in investigations, and one that can end up letting persons who are almost certainly guilty go free, is:

A) the Fourth Amendment, which requires police to issue a warrant before making a search.
B) the Miranda rule, under which arrested persons must be made aware of their rights before questioning.
C) the probable cause rule, which requires law enforcement to have a reason to believe that a crime may have been committed before detaining someone, or making a search.
D) the exclusionary rule, which prohibits evidence obtained during an illegal search from being introduced in a trial.

Question 64

This Miranda rule, a law enforcement convention that derived from a landmark Supreme Court ruling, is a staple of popular culture, especially on television police and crime shows.While not always read the way it is on these shows-arrested persons may also read the statements on paper-it typically begins, "You have the right to remain silent," and goes on to inform arrested persons of their right to counsel.The convention's purpose is to make sure that arrested persons:

A) are informed of relevant Fifth and Sixth Amendment guarantees, including the right to counsel and protection against self-incrimination, before undergoing police interrogation.
B) know that the law is coming down hard on them, and realize the seriousness of their situations.
C) are not later released on constitutional technicalities before or at trial.
D) know, without question, that they are under arrest, and not just being temporarily detained.

Question 65

With its landmark 2015 ruling in Obergefell v.Hodges, the Supreme Court ruled that the right to marry and to be issued marriage licenses by states while having the licenses recognized as valid in other jurisdictions is guaranteed to same-sex persons under the _____________.

A) due process clause of the Fifth Amendment
B) due process and equal protection clauses of the Fourteenth Amendment
C) equal protection clauses of the Fifth Amendment
D) equal protection clause of the Fourteenth Amendment and the Defense of Marriage Act (DOMA)

Question 66

In Gideon v.Wainwright, the Supreme Court ruled that persons under arrest must be informed of their legal rights, including the right to counsel.

Question 67

The doctrine of "separate but equal" was overturned in Brown v.Board of Education.

Question 68

Within five years of ratification of the Fourteenth Amendment, the U.S.Supreme Court was making decisions as though it had never been adopted.

Question 69

In 2013, the Supreme Court declared unconstitutional a provision of the _________ that required federal preclearance of any election plan changes in many southern states, as well as cities and counties in other states, with large minority populations and histories of voter discrimination.

A) Civil Rights Act
B) Voting Rights Act
C) Fifteenth Amendment
D) Civil and Voting Right Act

Question 70

The Fourteenth Amendment effectively provided for a single national citizenship.

Question 71

The exclusionary rule holds that evidence gathered from unreasonable searches and seizures cannot be admitted in court.

Question 72

The Bill of Rights guaranteed that all persons of voting age in the United States had the right to vote in elections.

Question 73

The Supreme Court decided in the Barron v.Baltimore case that states are prohibited from treating people as property.

Question 74

The Bill of Rights failed to become a vital instrument for the extension of civil liberties until after the Civil War and passage of the Fourteenth Amendment.

Question 75

A law is held to be constitutional under the Lemon test if it meets any one of the three criteria in the test.

Question 76

In the Bakke case, the Supreme Court effectively outlawed _____________ in college admissions.

A) strict racial quotas
B) affirmative action
C) the seeking of racial diversity
D) preferential treatment of minorities

Question 77

While the Supreme Court declared unconstitutional a 1996 law aimed at broadly regulating obscenity and pornography on the Internet, it upheld a later law that requires public libraries to use filtering software on computers with online access.

Question 78

The Dred Scott decision established the doctrine of "separate but equal."

Question 79

The Fourteenth Amendment made civil rights a part of the U.S.Constitution.

Question 80

When a witness in a trial asserts that he or she is pleading the Fifth Amendment, it means that the person:

A) probably has something to hide from judges and law enforcement.
B) is invoking the guarantee that no citizen shall be compelled in any criminal case to be a witness against oneself.
C) is referencing the Miranda rule.
D) is asking for a grand jury to decide if prosecutor has enough evidence to find a defendant guilty on criminal charges.