Deck 13: Civil Liberties

Question 1

The fundamental rights of American citizens are found in the

A) Mayflower Compact.
B) Bill of Rights.
C) Declaration of Independence.
D) Articles of Confederation.
E) Ten Commandments.

Answer 1

B

Question 2

Which of the following is NOT a civil liberty?

A) speech
B) religion
C) publishing
D) driving an automobile
E) due process

Answer 2

D

Question 3

Civil rights are protections against

A) home foreclosures.
B) dishonorable discharges from military services.
C) consumer fraud.
D) arbitrary discrimination.
E) voting fraud.

Answer 3

D

Question 4

The case of United States v. Carolene's footnote 4 expressing judicial interest in
Deciding Civil Rights and liberties cases actually dealt with Congress's regulation of

A) "filled milk."
B) gasoline.
C) alcohol.
D) movies.
E) money.

Question 5

Civil liberties have been expanded through

A) a series of Supreme Court decisions.
B) a collection of congressional statutes.
C) a number of executive orders.
D) riots in urban areas.
E) referendums.

Question 6

When was the Burger Court in existence?

A) 1932-1940
B) 1953-1960
C) 1969-1986
D) 1990-1996
E) 1996-2000

Question 7

Civil liberties were most notably expanded under the

A) Roberts Court
B) Rehnquist Court
C) Burger Court
D) Holmes Court.
E) Warren Court.

Question 8

In which of the following cases was the Fifth Amendment guarantee of eminent domain imposed upon the states?

A) NAACP v. Alabama (1958)
B) Palko v. Connecticut (1937)
C) Chicago, Burlington, and Quincy Railway Company v. Chicago (1987)
D) Powell v. Alabama (1932)
E) Near v. Minnesota (1931)

Question 9

The case of Barron v. Baltimore (1833)

A) failed to apply the Bill of Rights to the states.
B) had a tremendous impact upon the contemporary interpretation of the national constitution.
C) was not decided by the Supreme Court of the United States.
D) was overturned by the Civil Rights Cases.
E) was returned to the lower federal courts for decision.

Question 10

The Fourteenth Amendment was passed in

A) 1828
B) 1838
C) 1848
D) 1858
E) 1868

Question 11

The process whereby the Supreme Court found the protections of the Bill of Rights applies to states through the Fourteenth Amendment's Due Process clause is known as

A) incorporation.
B) incapsulation.
C) integration.
D) interpretation.
E) intergovernmentalism.

Question 12

Prior to the incorporation process, the Bill of Rights

A) applied only to the national government.
B) applied only to the state governments.
C) applied only to the local governments.
D) was never invoked.
E) applied to international governments.

Question 13

When did the ratification of the Bill of Rights to the Constitution take place?

A) 1777
B) 1791
C) 1800
D) 1805
E) 1821

Question 14

Chief Justice John Marshall

A) favored states' rights.
B) was nationalist-oriented.
C) was successfully impeached.
D) only participated in relatively minor cases.
E) was racist.

Question 15

During the period beginning in the late 1880s and ending in the early 1900s, the Supreme Court was dominated by

A) conservatives.
B) liberals.
C) Civil War veterans.
D) socialists.
E) communists.

Question 16

The process of extending the national Bill of Rights to the states is called

A) no incorporation.
B) incorporation.
C) selective incorporation.
D) total incorporation.
E) nationalization.

Question 17

The first important case involving freedom of speech was

A) Barron v. Baltimore.
B) Garcia v. City of Chicago.
C) Marbury v. Madison.
D) Schenck v. United States.
E) Mapp v. Ohio

Question 18

The clear and present danger test was first argued by

A) John Marshall.
B) Bushrod Washington.
C) Oliver Wendell Holmes.
D) William Rehnquist.
E) John Roberts

Question 19

_______________ is a free speech test allowing states to regulate only speech that has an immediate connection to an action states are permitted to regulate.

A) The clear and present danger test
B) The imminent harm test
C) The double jeopardy standard
D) Selective incorporation
E) Total incorporation

Question 20

The Supreme Court ruled for the first time that the First Amendment guarantee of freedom of speech could be applied to the states in the case of

A) Gitlow v. New York.
B) Michael M. v. Sonoma County.
C) Powell v. Alabama.
D) Near v. Minnesota.
E) Mapp v. Ohio

Question 21

___________ refers to the trying of a defendant twice for the same crime.

A) Incorporation
B) Selective incoporation
C) Clear and present danger
D) Judicial redefinition
E) Double jeopardy

Question 22

In Powell v. Alabama (the Scottsboro case), the Supreme Court ruled the right to counsel, as guaranteed by the Sixth Amendment, applied only to

A) civil cases.
B) capital cases with fact patterns just like this case.
C) divorce cases.
D) cases involving minors.
E) local cases.

Question 23

In the case of Palko v. Connecticut, the Supreme Court ruled that the Fifth Amendment prohibition against double jeopardy

A) was not a fundamental freedom and did not apply to the states.
B) was a fundamental freedom.
C) could only be invoked in civil cases.
D) was unconstitutional.
E) could only be invoked in capital cases.

Question 24

Which of the following is an example of symbolic speech?

A) shouting "fire" in a crowded theater
B) flag burning
C) political commentary on the evening news
D) libel
E) child pornography

Question 25

Which of the following amendments have NOT been incorporated?

A) the Sixth Amendment
B) the Fourth Amendment
C) the Third Amendment
D) the First Amendment
E) the Fifth Amendment

Question 26

The government accommodation position on religion was first articulated in the case of

A) Roe v. Wade.
B) Everson v. Board of Education of Ewing Township.
C) Plessy v. Ferguson.
D) City of Boerne v. Flores.
E) Mapp v. Ohio

Question 27

The _____________________ was best described in 1962 when the Court ruled that a brief nondenominational prayer led by a teacher in a public school was unconstitutional in Engel v. Vitale.

A) government accommodation position
B) high wall of separation doctrine
C) clear and present danger rule
D) double standard rule
E) double jeopardy rule

Question 28

In recent years, the Court has become

A) more accommodating toward religion.
B) less accommodating toward religion.
C) willing to hear more cases involving religious issues.
D) unwilling to hear cases involving religious issues.
E) refers all religious cases back to the federal courts.

Question 29

In which case did the Supreme Court rule that a nondenominational prayer led by a teacher in public school was unconstitutional?

A) Roe v. Wade.
B) Everson v. Board of Education of Ewing Township.
C) Plessy v. Ferguson.
D) City of Boerne v. Flores.
E) Engel v. Vitale

Question 30

The Lemon is used to determine the permissible level of separation between church and state for

A) religious schools.
B) homeless shelters.
C) colleges.
D) hospitals.
E) charities.

Question 31

The secular regulation rule holds that

A) a religious organization cannot accept donations from nonmembers.
B) a church cannot hold services after midnight.
C) there is no constitutional right to exemption on free exercise grounds from general laws dealing with nonreligious matters.
D) religious symbols cannot be displayed on public property.
E) a religious organization cannot accept donations from state government.

Question 32

The least restrictive means test is

A) a pro-religious revision of the secular regulation rule.
B) a nullification of the secular regulation rule.
C) the same as the secular regulation rule.
D) not at all related to the secular regulation rule.
E) None of the Above

Question 33

The Religious Freedom Restoration Act was partially overturned in the case of

A) Near v. Minnesota.
B) City of Boerne v. Flores.
C) Rotgut v. Taylor.
D) UCLA v. Griffith.
E) Mapp. V. Ohio

Question 34

The idea that public political speech must be absolutely protected was argued by

A) John Marshall.
B) Alexander Meiklejohn.
C) Thurgood Marshall.
D) Samuel Chase.
E) Oliver Wendall Holmes.

Question 35

The sliding scale test in Dennis v. U.S. (1951) made it

A) easier for a state to restrict speech.
B) more difficult for a state to restrict speech.
C) easier for an individual to prove discrimination.
D) more difficult for an individual to prove discrimination.
E) easier for the local government to restrict speech.

Question 36

In 2010, the Supreme Court ruled in Citizens' United v. Federal Election Commission that:

A) money and politics do not mix.
B) corporations were like people whose Free Speech interests were protected in political campaigns.
C) only businesses could contribute to political campaigns.
D) individual contributions could only be spent on issue ads.
E) individuals would not be allowed to make private contributions.

Question 37

Not until _______ did the Court become willing to protect the speech of Communists as long as they were not actively plotting to overthrow the government.

A) 1865
B) 1902
C) 1957
D) 1998
E) 2001

Question 38

______________ involve[s] certain expressions that are so volatile that they are deemed to incite injury and are therefore not protected under the First Amendment.

A) Racist speech
B) Fighting words
C) Symbolic speech
D) Provocative speech
E) Pornographic speech

Question 39

_________ consists of speech or symbolic gestures intended to inflict emotional distress, to defame, or to intimidate people.

A) Pornographic speech
B) Fighting words
C) Symbolic speech
D) Provocative speech
E) Hate speech

Question 40

Laws prohibiting libel and obscenity are examples of

A) prior restraint.
B) subsequent punishment.
C) selective incorporation.
D) clear and present danger.
E) Hate speech

Question 41

Speech which damages a person's reputation is called

A) libel.
B) slander.
C) hate speech.
D) symbolic speech.
E) provocative speech.

Question 42

The Supreme Court established the "average person" applying "contemporary community standards" in the case of

A) Roth v. United States.
B) Buckley v. Valeo.
C) Sullivan v. New York Times.
D) Katzenbach v. McClung.
E) Near v. Minnesota

Question 43

The major obstacle to developing a definitive standard for obscenity cases is that obscenity is

A) very popular.
B) very difficult to define.
C) very rare.
D) clearly protected under the First Amendment.
E) none of the above.

Question 44

Congress passed the Communications Decency Act to

A) prohibit obscene materials from being sent through the mail.
B) prohibit obscene materials from being transmitted via fax machines.
C) prohibit obscene materials from being transmitted over the Internet.
D) prohibit obscene phone calls.
E) prohibit the sale of all obscene materials.

Question 45

The most significant case involving prior restraint was

A) the Pentagon Papers case.
B) the Watergate case.
C) the Des Moines School District case.
D) the Tinker case.
E) the Iran Contra Case

Question 46

The exclusionary rule was created in

A) 1846.
B) 1903.
C) 1914.
D) 1963.
E) 1954

Question 47

The exclusionary rule was not extended to the states until

A) 1935.
B) 1942.
C) 1955.
D) 1961.
E) 1979.

Question 48

The Fourth Amendment was extended to the states in the case of

A) Palko v. Connecticut.
B) Mapp v. Ohio.
C) Weeks v. United States.
D) United States v. Leon.
E) Weeks v. United States

Question 49

The good faith exception

A) has effectively gutted the exclusionary rule.
B) was developed in 1994.
C) has strengthened the guarantees of the Fourth Amendment.
D) violates the separation of church and state.
E) strengthens the first amendment.

Question 50

_________ is a reasonable belief that a crime has been, is being, or is about to be committed.

A) Probable cause
B) Double jeopardy
C) Prior restraint
D) Selective incorporation
E) Reasonably objective

Question 51

What amendment provides the right to a grand jury?

A) Third Amendment.
B) Fourth Amendment.
C) Fifth Amendment.
D) Sixth Amendment.
E) First Amendment

Question 52

The Miranda warning was established in

A) 1843.
B) 1936.
C) 1966.
D) 1973.
E) 1988.

Question 53

A significant case involving the right against self-incrimination was

A) the 1925 Gitlow v. New York case.
B) the 1940 Cantwell v. Connecticut case.
C) the 1949 Wolf v. Colorado case.
D) the 1964 Escobedo v. Illinois case.
E) the 2009 Herring v. United States case.

Question 54

Which group of the following groups of amendments form the zone of privacy within which the right to privacy may exist?

A) the First, Third, Fourth, Fifth, Ninth, and Fourteenth
B) the Tenth, Eleventh, and Nineteenth
C) the Thirteenth, Fifteenth, and Seventeenth
D) the Twentieth, Twenty-third, and Thirtieth
E) the Third, Fifth, Sixth and Tenth.

Question 55

In which of the following cases did the Supreme Court establish that a state cannot prohibit a married couple from using birth control devices?

A) Romer v. Evans
B) Hardwick v. Bowers
C) Griswold v. Connecticut
D) Roe v. Wade
E) Herring v. United States

Question 56

Since the Roe decision, abortion rights have been

A) expanded.
B) more limited.
C) terminated.
D) unchanged.
E) None of the above.

Question 57

The case of Webster v. Reproductive Health Services was decided in

A) 1973.
B) 1980.
C) 1984.
D) 1989.
E) 1999.

Question 58

In what year did the Supreme Court rule that executing a minor was "cruel and unusual" punishment?

A) 2001
B) 2002
C) 2003
D) 2004
E) 2005

Question 59

According to the text, one of the most powerful, swing-vote Supreme Court Justices been 2006 and 2018 was:

A) Sandra Day O'Connor
B) Anthony Kennedy
C) Barrack Obama
D) Clarence Thomas
E) Neil Gorsuch

Question 60

By 2020, Supreme Court Chief Justice John Roberts was voting with the 5-4 majority in nearly ______ of cases

A) 12%
B) 29%
C) 66%
D) 88%
E) 100%

Question 61

George Floyd was initially arrested for:

A) Larceny
B) Rape
C) Using a counterfeit $20 bill
D) Smoking in public
E) None of the above

Question 62

Civil liberties and civil rights are synonymous.

Question 63

Civil liberties are best understood as freedom from government interference with individual freedoms.

Question 64

Civil rights may best be understood as negative freedoms.

Question 65

The constitutional basis for civil liberties is the Tenth Amendment.

Question 66

The history of civil liberties is one of gradual expansion of rights.

Question 67

The varying level of intensity by which the Supreme Court considers cases by which it protect civil liberties claims while also deferring to the legislature in cases with economic claims is known as double standard.

Question 68

In the early years of the nation's history, the Bill of Rights provided far less protection for individual rights than is the case today.

Question 69

Even the normally nationalist-oriented Chief Justice John Marshall refused to extend the Bill of Rights to protections to the states as occurred in the case of Barron v. Baltimore.

Question 70

The Fourteenth Amendment is considered a WWII amendment.

Question 71

The Fourteenth Amendment was designed to free slaves and protect their rights as citizens.

Question 72

Incorporation is the process whereby the protections of the Thirteenth Amendment are applied to the states.

Question 73

Justice John Harlan was a proponent of total incorporation.

Question 74

Total incorporation is the idea that the entire Bill of Rights should be applied to the states by absorbing them into the due process clause of the Fourteenth Amendment.

Question 75

The Supreme Court has ruled that wartime crisis was an insufficient cause for restriction on the freedom of speech.

Question 76

In Gitlow v. New York, the Supreme Court upheld New York's Criminal Anarchy Act.

Question 77

Double jeopardy is prohibited by the First Amendment.

Question 78

Since the early 1980s, changes in the makeup of the Court have produced a shift toward a more accommodating position regarding state aid to religion.

Question 79

Free exercise cases usually involve a law that applies to everyone but is perceived as imposing a hardship on a particular religious group.

Question 80

The secular regulation rule was nullified in 1997.