Deck 4: Civil Liberties

Question 1

The Fourteenth Amendment is a broadly worded and widely utilized law. Its original intent, however, was to

A) protect freed slaves from discriminatory state laws.
B) ensure that the needs of the state governments were protected.
C) protect President Lincoln from impeachment during a time of war.
D) give citizens powerful rights against the government.
E) protect the government from overly aggressive citizens.

Answer 1

A

Question 2

In the twentieth century the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?

A) The Civil Rights Act of 1871
B) The Alien and Sedition Acts
C) The First Amendment, which guaranteed freedom of speech
D) The Fourteenth Amendment, which guaranteed due process of law by the states
E) The free exercise clause

Answer 2

D

Question 3

In writing the Declaration of Independence, Thomas Jefferson stated that human beings are endowed with certain "inalienable rights." What did he mean by this statement?

A) The rights cannot be extended to noncitizens.
B) Any person who is in the country illegally is ineligible for legal protection.
C) The government "endows" certain rights so it can also deny them.
D) These are rights that cannot be denied by the government.
E) Only the state governments can guarantee rights to citizens.

Answer 3

D

Question 4

The term "liberties" normally refers to

A) rights and privileges extended to veterans.
B) rights received from a higher authority, such as a government.
C) natural rights.
D) due process.
E) rights extended only during times of peace.

Question 5

A major factor in President John Adams's failure to be reelected in 1800 was

A) his failure to secure a balanced budget.
B) his support for abolition of slavery.
C) his use of the Alien and Sedition Acts against his political opponents in the United States.
D) his use of the Sedition Act to subversively aid the French.
E) his ruling that the Bill of Rights was unconstitutional.

Question 6

Which rights are based on human society and exist even in the absence of formal government?

A) Natural rights
B) Citizenship rights
C) Civil liberties
D) Civil rights
E) Legal jurisdiction

Question 7

Federalist No.14 states that

A) the federal government has "jurisdiction limited to certain enumerated objects."
B) individual rights are only "the fruits, rather than the roots, of the Constitutional tree."
C) when a government created by the "consent of the governed" fails to protect basic rights, the people have the right to "alter or abolish such government."
D) all people possess "inalienable rights."
E) that the bill or rights of state governments already protected citizens against government encroachment.

Question 8

The USA Patriot Act was enacted in October 2001. What powers did the law create and to whom were the powers granted?

A) The Patriot Act was created to control and prosecute anyone who would stir discontent and disloyalty concerning our military forces.
B) The Patriot Act gave the president broad power to arrest and detain any citizen or resident whose speech was considered disloyal to the current administration.
C) The Patriot Act gave the federal government broad new powers such as the power to detain suspects without hearings, to target aliens, and to allow authorities to hold noncitizens suspected of terrorism for seven days without charging them.
D) The Patriot Act gave the FBI authority to search any citizen, at any time, without a warrant or probable cause.
E) The Patriot Act was the formal declaration of war against Al Qaeda.

Question 9

The Ninth and Tenth Amendments

A) guarantee specific rights.
B) protect individuals from limitations on the right to bear arms.
C) describe prohibit excessive bail.
D) convey divisions of power between state and federal governments.
E) prohibit quartering of troops among the civilian population.

Question 10

What are "civil liberties"?

A) They are freedoms that can be taken during wars, if deemed necessary by Congress.
B) They are rights that are extended by state governments at the expense of the federal government.
C) They are religious-based freedoms.
D) They are specific individual rights that cannot be taken away by government and are guaranteed by the Constitution.
E) They are laws that enforce civility between citizens and are designed to also enforce the peace.

Question 11

The Declaration of Independence states that when a government created by "the consent of the governed" fails to protect their rights, the people have the right to

A) hold the president and Congress criminally liable.
B) file a lawsuit in the federal courts.
C) turn to the state governments for relief.
D) alter or abolish such government.
E) file actions in state courts against the federal government.

Question 12

As one of four national defense acts passed by Congress in 1798, what was the effect of the Alien Enemies Act?

A) It allowed the president to declare a disloyal citizen as an alien enemy, to strip the citizen of his rights, and to deport the individual.
B) It declared as enemies any undocumented aliens in the United States at the time of passage.
C) Enacted during a time of increasing tensions between the United States and France, it allowed the president during wartime to arrest and imprison aliens subject to an enemy power.
D) It declared that any illegal alien was an outlaw and subject to martial law.
E) It created and extended constitutional protections for aliens in the United States.

Question 13

How does the term "civil liberties" differ from the term "civil rights"?

A) Lawsuits may be filed when violations of civil liberties occur, but they may not be filed for violations of civil rights.
B) Civil liberties are voluntary whereas civil rights are mandatory.
C) In most cases, the terms mean the same thing.
D) Civil liberties are guaranteed by the Constitution and cannot be taken away, whereas civil rights refer to the rights to equal treatment for specific groups based on race, gender, sex, etc.
E) The term "civil liberties" was used prior to the twentieth century, whereas the term "civil rights" was used afterward.

Question 14

What did the Sedition Act of 1798 prohibit?

A) The publication of materials that brought the U.S. government into disrepute
B) The power of the federal government to control interstate commerce
C) The raising of militia by the state governments
D) The implementation of the draft
E) Overseas travel by American citizens

Question 15

The section of the U.S. Constitution commonly referred to as the Bill of Rights consists of

A) the powers of the president to curtail individual rights.
B) the amendments to the Constitution, added in 1791 following ratification, that guarantee individual rights.
C) Article III, which sets up the judicial branch.
D) voluntary measures to ensure domestic tranquility.
E) police powers that are designed to control citizen uprisings.

Question 16

"Positive rights"

A) cannot be denied by a government.
B) exist even in the absence of government.
C) are "inalienable."
D) are granted by and subject to government authority.
E) are based on the natural laws of human society.

Question 17

What was the impact of the Alien Act in 1798 and how did it affect civil liberties?

A) The Alien Act protected noncitizens from loss of civil liberties by the government.
B) The Alien Act enacted a military draft for aliens currently living in the United States.
C) Due to fear of a pending war with France, the Alien Act authorized the president to order out of the United States all aliens suspected of "treasonable or secret" inclinations.
D) The Alien Act greatly strengthened civil rights for all residents and protected them from the government's imposition of power.
E) The Alien Act prohibited the federal government from taking any action against aliens, leaving that power to the state governments.

Question 18

"Natural rights"

A) cannot be denied by a government.
B) exist even in the absence of government.
C) are "inalienable."
D) Options A, B, and C are true.
E) None of the above is true.

Question 19

In the case of Barron v. Baltimore (1833) a private citizen attempted to apply the U.S. Constitution's Fifth Amendment as the basis for a state level civil suit. The practical effect of this ruling against the private citizen

A) made the Bill of Rights virtually meaningless to the state governments.
B) turned public opinion sharply against the national government.
C) was a catalyst for commencement of the Civil War.
D) clearly established the subordination of state governments to the Bill of Rights.
E) established the right of states to control interstate commerce.

Question 20

Why did the Framers of the Constitution, such as James Madison, believe that a Bill of Rights to guarantee individual rights was unnecessary at the federal level?

A) Madison believed that citizens should have faith and trust in their federal government without requiring a legal document.
B) Madison believed that if the federal government wanted to violate rights it could certainly do so with or without a Bill of Rights.
C) Madison believed that the federal government had only the powers it was explicitly given so it had no power to infringe on rights in the first place, but should leave the protection of individual rights to the states.
D) Madison believed that the federal government had no power to enforce such a Bill of Rights.
E) Madison believed that the new Supreme Court would invalidate the Bill of Rights.

Question 21

Reynolds v. United States held

A) statutes compelling high school attendance violated the free exercise clause.
B) religious practices that impair the public interest do not receive constitutional protection.
C) drug use that violated the criminal code could be a valid basis to deny unemployment benefits.
D) that the Supreme Court and not Congress determines whether a religious exemption is valid.
E) that neutral state laws can be applied over religious objections based on a legitimate state interest.

Question 22

The actual rights guaranteeing religious freedom

A) were intended to provide a limited barrier against the influence of Protestantism.
B) were described by Thomas Jefferson as creating a "wall of separation" between church and state.
C) did not become widespread until the latter half of the twentieth century.
D) Options A, B, and C are true.
E) None of the above is true.

Question 23

In 1990, the U.S. Supreme Court ruling in Employment Division v. Smith established what important precedent concerning freedom of religion?

A) The ruling strongly encouraged active religious practice in the United States but was later overturned by legislation.
B) The Supreme Court intended to force religious inclusion into the workforce.
C) The Supreme Court attempted to create a constitutional amendment that would further strengthen the First Amendment.
D) The ruling gave social conservatives an inroad with which to file more lawsuits against the  government.
E) The ruling required state governments only to establish a "legitimate state interest" in restricting religious freedoms.

Question 24

The First Amendment right to free speech or free expression is a revered and fundamental right in the American political system. Which of the following is NOT one of the often-cited justifications for protecting free speech?

A) Most other societies allow free speech, so to disallow it in the United States would create undue tensions among citizens.
B) Free speech creates a "marketplace of ideas."
C) Self-governance is dependent upon free speech.
D) Free speech can lead to self-fulfillment.
E) Free speech is a "safety valve" that balances the need for order with reform.

Question 25

The idea that free speech and expression is a means of achieving individual rights is an example of which theory justifying the high level of protection given to free expression?

A) The "marketplace of ideas"
B) Self-governance
C) A "safety valve"
D) Self-fulfillment
E) "Clear and present danger"

Question 26

Which of the following is NOT an example of an opinion in which the Supreme Court ruled in favor of religious groups using the First Amendment's free exercise clause?

A) It ruled that the state of Wisconsin cannot require Amish children to attend school beyond the eighth grade.
B) It required the state of South Carolina to pay unemployment benefits to a Seventh Day Adventist who refused to work on Saturdays.
C) It refused to recognize a claim by a Mormon in 1878 of his right to practice polygamy.
D) It ruled that the state of North Carolina could require students to participate in public school prayer.
E) It refused to recognize the right of two Oregon Native Americans to ingest the drug peyote as part of a religious ritual after the two had been fired from their jobs as drug rehabilitators.

Question 27

What is the purpose of the establishment clause of the First Amendment?

A) It requires Congress to establish a national religion to be used as a foundation for other religious efforts.
B) It prohibits the display of any religious symbols, gestures, or thoughts at any level of government.
C) It prohibits the government from enacting any law "respecting the establishment of religion."
D) It establishes Christianity as the national religion, in keeping with the beliefs of the founding fathers.
E) It ensures that any and all religious beliefs have equal and full support of the federal government.

Question 28

Most of the first eighth amendments are applicable to state, local, and federal governments equally. Which of the following provisions of the Bill of Rights theoretically provide protection solely against the federal government?

A) The Third Amendment safeguards against the involuntary quartering of troops.
B) The Fifth Amendment guarantees the requirement that defendants be indicted by a grand jury.
C) The Seventh Amendment guarantees the right to a trial by jury in civil cases.
D) The Eighth Amendment safeguards against excessive bail, fines, cruel and unusual punishment.
E) All of the above are true.

Question 29

How has the Supreme Court consistently used the Fourteenth Amendment in applying the Bill of Rights to state governments?

A) President Lincoln interpreted that the amendment required states to observe the "due process" clause and by executive order required states to abide by it, which the Supreme Court has since upheld.
B) Congress passed an "enforcement statute" that forced the Supreme Court to begin recognizing the due process clause.
C) The Bill of Rights does not apply to state governments and their actions, so the Supreme Court has not referred to it in this regard.
D) The Supreme Court has applied the "due process" clause, ruling that the failure to recognize any right in the Bill of Rights is a violation of this clause.
E) The Fourteenth Amendment explicitly requires that states recognize and enforce the Bill of Rights in the U.S. Constitution, which the Supreme Court has upheld.

Question 30

For well over 100 years, many Americans advocated that the Bill of Rights in the U.S. Constitution applied only to federal government actions and that states were not bound by the amendments. How has this trend changed?

A) In the early twentieth century, Congress passed a law that allowed the Bill of Rights to be applied at the state level.
B) In the twentieth century, the Supreme Court began using a process called incorporation, which utilized the Fourteenth Amendment to hold states accountable to the Bill of Rights and the dictates of the First Amendment.
C) The Constitution was amended to require that its amendments be applied to state actions.
D) The Civil War decided this issue.
E) The civil rights movement of the mid-twentieth century brought attention to the lack of uniform enforcement and opened the door for Congress to pass laws that required states to recognize and apply the Bill of Rights.

Question 31

The issue of prayers at school graduations and ball games has also been addressed by the Supreme Court as recently as 2000 in Santa Fe v. Doe. What is the stance of the Court in regard to prayers at such events where attendance is voluntary?

A) As attendance is voluntary and the participation in the prayer is not required, then the prayers do not violate the Constitution's protections.
B) The prayers are allowed because these events are attended by more adults than minors.
C) The Court failed to rule on the specific issue of prayer but discouraged it because of the public nature of the event.
D) Even though attendance is voluntary, the prayer is unconstitutional because the attendees are forced to participate and because it appears to be a state endorsement of religion.
E) The prayers are unconstitutional because not all religions have equal time allotted to offer their prayers.

Question 32

Americans often hear the metaphor of a "wall of separation between church and state" when referring to the First Amendment's right to freedom of religion. When was this metaphor first used?

A) In the 1960s, by the Supreme Court when it became increasingly liberal and turned on "the church"
B) In the second half of the twentieth century, when atheists began to influence Congress
C) During the Civil War, when religious groups demanded protection from government abuses
D) In 1802 by President Thomas Jefferson, based in part on his fear of a national and official church
E) Several thousand years ago, as a biblically based standard

Question 33

As a compromise to the prayer in schools ban, many districts instituted "moments of silence." The 1985 Supreme Court case of Wallace v. Jaffree addressed this issue. What was the Court's ruling?

A) Moments of silence are fine so long as students are not coerced into participating.
B) Moments of silence are an acceptable alternative to prayer in school as there is no coercion toward a certain religion.
C) Moments of silence are unconstitutional because they are mandatory and are usually authorized in order to encourage religious prayers.
D) The Court skirted the issue and left the matter to the discretion of each state's courts.
E) Moments of silence are acceptable if led by a student rather than a school official.

Question 34

The First Amendment's free exercise clause bans government laws that prohibit the free exercise of religion. An excellent example of applying this standard is the one faced by Jehovah's Witnesses in 1943. What was that challenge?

A) The Supreme Court ruled that Jehovah's Witnesses could not go door-to-door to advocate for their beliefs.
B) The Supreme Court ruled that Jehovah's Witnesses were out of the mainstream of religious belief and were therefore not protected by the First Amendment.
C) The Supreme Court ruled that Jehovah's Witnesses are not observing a "legitimate" religion.
D) In West Virginia v. Barnette the Supreme Court ruled that the public school system could not suspend students who as Jehovah's Witnesses refused to salute the flag in their classrooms.
E) In Brown v. Board of Education the Supreme Court upheld a law which banned prayer in school by students who were Jehovah's Witnesses.

Question 35

In a series of well-publicized Supreme Court rulings in 2005, Kentucky was required to remove the Ten Commandments posted in some of its county courtrooms. However, Texas was allowed to keep a monument on the state capital grounds that had the Ten Commandments listed. How did the Supreme Court rationalize the Kentucky circumstance as unconstitutional, but not the Texas case?

A) Texas was a sovereign nation prior to becoming a state and was allowed to retain some of its religious sovereignty.
B) Kentucky did not have the level of adequate legal representation during the proceedings as did Texas.
C) The Texas case used a newer, more modern interpretation of the Ten Commandments that was considered less controversial by the Supreme Court.
D) The Kentucky case involved religious displays inside of public courtrooms that are involuntarily visible to anyone, whereas the Texas case involved a monument with a historical context that is located on the grounds of the capitol building.
E) The Supreme Court showed its bias toward western states.

Question 36

A "compelling state interest"

A) is not based only on administrative convenience.
B) is demonstrated when a government program would be significantly undermined by religious exemptions.
C) is a legitimate basis for denying unemployment benefits.
D) Options A, B, and C are true.
E) None of the above is true.

Question 37

In several landmark cases in 1962, 1963, and 1985, the Supreme Court addressed the issue of prayer in public school classrooms. What is and has been the opinion of the Supreme Court in this matter?

A) Each school district must look to its community standards concerning religion and follow the majority of public opinion.
B) Community religious leaders have a limited right to advise school officials on religious activities and teachings in the public schools.
C) Public schools may not allow any activities or speech that would advocate or advance a particular religious belief, but instead the schools must act with a secular purpose.
D) Elementary schools may not advocate or require participation in prayer or bible study, but high schools are exempt because of the maturity level of the students.
E) Though such prayer was once disallowed, the conservative sweep of the Supreme Court after the 2004 presidential elections has led to its overturning the ban on school prayer.

Question 38

Who makes the determination that a particular action or law is in violation of the free exercise clause of the First Amendment?

A) The president
B) Congress
C) State legislatures
D) The U.S. Supreme Court
E) The voters

Question 39

The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon test in determining the appropriate level of separation of church and state. Which of the following is NOT a standard or condition of the Lemon test?

A) The statute must have a secular purpose.
B) The statute's principal effect must be one that neither advances nor inhibits religion.
C) The statute must not foster excessive entanglement with religion.
D) The role of state governments does not apply under the Lemon test; therefore, states may authorize religious cooperation.
E) The role of the government is to ensure that it takes a neutral stance regarding religion, so it does not prohibit it but also does not advocate for it.

Question 40

Sherbert v. Verner held that

A) those who disagreed with the federal government were free to withhold displays of public support.
B) children of Jehovah's Witnesses could claim religious objections to the Pledge of Allegiance.
C) that only a compelling state interest could justify denial of unemployment benefits in the face of a religious objection to a program requirement.
D) Options A, B, and C are true.
E) None of the above is true.

Question 41

With its ruling in Reno v. ACLU in 1997, the Supreme Court invalidated a federal law passed to protect minors from "indecent" and "patently offensive" communications via the Internet. What was the Court's rationale in its invalidation of the federal law?

A) The Internet is impossible to police.
B) To restrict Internet speech in the United States would also restrict it in other countries.
C) In denying minors access to potentially harmful speech, the law suppressed a large amount of speech that adults have a constitutional right to receive.
D) The Internet is no standard group or vehicle by which to define "decency," much less to enforce the standard.
E) Control of Internet speech is a role for the state governments, not the federal government.

Question 42

In the 1940s and 1950s, members of the Communist party were convicted for their advocacy of _______, or the overthrow of an existing system of government.

A) revolution
B) anarchy
C) internment
D) terrorism
E) sedition

Question 43

Criminal laws that are retroactively applied to those who engaged in activities when they were not yet illegal are called

A) backdoor laws.
B) fascist laws.
C) civil subpoenas.
D) bill of attainder.
E) ex post facto laws.

Question 44

In 1919, the Supreme Court issued its ruling in the case of Schenck v. United States. Charles Schenck, a leader of the American Socialist Party, was jailed for distributing anti-draft leaflets during time of massive military build-up in the early months of American involvement in World War I. The Supreme Court rejected Schenck's request for release and in doing so established what precedent as a test of free speech?

A) During war, a citizen is forbidden to criticize the government's actions.
B) Speech may be restricted when a "clear and present danger" exists that the words will have a broad negative effect on the citizenry.
C) During times of war, the president's administration approves all exceptions to free speech.
D) The issue of restricting free speech is a state issue and is therefore out of the jurisdiction of the Supreme Court.
E) When state court rulings and the Supreme Court rulings are in conflict, the state ruling will become law as states are closer to the people.

Question 45

Historically, what has been the effect on civil liberties in the United States during times of war?

A) The U.S. Constitution calls for martial law and suspends the Bill of Rights.
B) All civil protections are eliminated for any aliens or noncitizens.
C) Balancing civil liberties and national security has proven difficult, but normally citizens lose or surrender at least some of their rights in exchange for security.
D) There is no difference between times of war and peace regarding the granting of civil liberties.
E) The U.S. Constitution strictly regulates civil liberties, and there is never room for discretion by government officials-in times of peace or times of war.

Question 46

The First Amendment also guarantees freedom of the press. The press is considered speech but it does have some limitations. One such exception of speech or press that is restricted is in the case of libel, which is defined as

A) the crime of printing or disseminating false statements that harm someone.
B) the unethical action of making light of someone in the presence of others.
C) the crime of lying in a public document.
D) any behavior that offends or creates an uncomfortable relationship.
E) the crime of inundating readers with false information.

Question 47

The Fourth Amendment has had a very strong impact on the American legal system and has been a source of many Supreme Court rulings. The Fourth Amendment deals with

A) the right to bear arms.
B) the right to peaceably assemble and to petition the government for a redress of grievances.
C) the right of the people to be secure against unreasonable searches and seizures.
D) the powers of the state governments in relation to the federal government.
E) the right to an attorney.

Question 48

The Second Amendment concerns American citizens' "right to bear arms" yet this amendment has long been a source of heated debate, confusion, and litigation. What has been the stance of the Supreme Court on Second Amendment issues in the past few decades?

A) The Supreme Court has refused to rule on Second Amendment matters on the grounds that it is perceived as a state issue instead of a federal issue.
B) Generally the Supreme Court has refused to restrict the right to bear arms, with only few exceptions, such as in the use of assault rifle bans.
C) The Supreme Court has consistently chipped away at private ownership and use of guns.
D) The Supreme Court has historically avoided the subject of private gun ownership, but recently appointed justices have signaled a dramatic shift toward strict gun control.
E) The Supreme Court believes that retreat on the Second Amendment will set a dangerous precedent that will create a "slippery slope" on which retreat on First Amendment issues will be imminent.

Question 49

The idea that the suppression of free speech forces citizens to adopt more extreme means of enacting change and that promotion of free speech provides an essential mechanism for balancing the need for order with advocacy of reform is an example of

A) the "marketplace of ideas."
B) self-governance.
C) a "safety valve."
D) self-fulfillment.
E) "clear and present danger."

Question 50

The legal rule requiring that all evidence illegally obtained by police in violation of the Bill of Rights must be excluded from admission in a court of law, where it might have assisted in convicting those accused of committing crimes is called the

A) good faith exception.
B) Katz test.
C) exclusionary rule.
D) ex post facto law.
E) free exercise clause.

Question 51

There are still a handful of rights and issues in the Bill of Rights that the Supreme Court has not, by court ruling and opinion, required that the state governments recognize. One of the most well-known rights that serves as such an example is

A) the First Amendment's freedom of speech.
B) the First Amendment's freedom of religion.
C) the Second Amendment's right to bear arms.
D) the Sixth Amendment and the speedy trial requirement.
E) the Sixth Amendment and the right to an attorney.

Question 52

The idea that speech provides the mechanism whereby citizens deliberate on important issues of public policy is an example of

A) the "marketplace of ideas."
B) self-governance.
C) a "safety valve."
D) self-fulfillment.
E) "clear and present danger."

Question 53

In various opinions over several decades the Supreme Court has protected what it refers to as "symbolic speech." Which of the following is NOT an example of symbolic speech?

A) Publicly desecrating or burning the American flag
B) Burning a draft card during a time of war
C) Wearing black armbands in school or work as a sign of political protest
D) Invoking symbols or actions that target a particular person or group with the intent of causing harm
E) Flying the American flag upside down

Question 54

The idea that the best test for truth is to present all arguments, valid and invalid, is an example of

A) the "marketplace of ideas."
B) self-governance.
C) a "safety valve."
D) self-fulfillment.
E) "clear and present danger."

Question 55

The legal standard that requires the government to attain a warrant demonstrating "probable cause" for any "search" that violates a person's actual and reasonable expectation of privacy is called the

A) good faith exception.
B) Katz test.
C) exclusionary rule.
D) ex post facto law.
E) free exercise clause.

Question 56

Katz v. United States established the protection of

A) a reasonable expectation of privacy.
B) the use of thermal imaging devices to detect the presence of indoor halide lights.
C) searches undertaken under the "good faith exception."
D) finding evidence in "plain view" of police where they have a legal right to be.
E) a "pat down" of suspicious individuals to search for weapons.

Question 57

A standard that courts established to determine if material is obscene is based in part on whether the material has serious literary, artistic, political, or scientific value. If it does, then the material is not obscene as it has passed the ______ test.

A) SLAPS
B) Katz
C) Lemon
D) First Amendment
E) None of the above is true.

Question 58

In California v. Ciraolo the United States Supreme Court held that aerial photographs used to discover cultivated marijuana

A) violated a reasonable expectation of privacy.
B) was permitted as the use of thermal imaging devices is protected to detect the presence of indoor halide lights.
C) constituted searches undertaken under the "good faith exception."
D) did not warrant the use of a search warrant as long as the plants were visible to the naked eye from above.
E) constituted a "pat down" of suspicious individuals to search for weapons.

Question 59

Which of the following is (are) the criterion (criteria) for determining whether the regulation of symbolic speech is justified?

A) The government interest must be valid and important.
B) The interest must be unrelated to the suppression of free speech.
C) The restriction should be no greater than is essential to the furtherance of that interest.
D) Options A, B, and C are true.
E) None of the above is true.

Question 60

In very limited cases, the courts may impose a limit on publication before certain material has actually been published, based on the argument that the material will be libelous if published. This order not to publish is called

A) judicial censorship.
B) cease and desist.
C) prior restraint.
D) judicial discretion.
E) libel diversion.

Question 61

Griswold v. Connecticut held

A) that women have a constitutional right to an abortion under certain circumstances.
B) any jury that imposes capital punishment must have the chance to consider mitigating circumstances that might generate sympathy for the defendant.
C) that several provisions of the Bill of Rights in conjunction with the Fourteenth Amendment create a "zone of privacy."
D) that the defendant's lawyers must be given a chance to argue against imposition of the death penalty without having to prove the defendant not guilty.
E) a jury cannot impose the death penalty at the same time it finds the defendant guilty.

Question 62

Until the twentieth century, many Americans believed that the Bill of Rights in the U.S. Constitution was applicable only to the federal government and not to the states. Describe how the Supreme Court used the Fourteenth Amendment to advance and apply the Bill of Rights more broadly and uniformly. What has been the impact of the Court's actions over the past 30 to 40 years with regard to civil liberties?

Question 63

The debate over civil liberties in the United States often becomes very passionate and heated. The issue of prayer in public school classrooms has raised many such emotions. Discuss the constitutionality issues regarding prayer in school, a "moment of silence" in school, and prayer at school events or athletic competitions. How has the Supreme Court ruled on these issues in the past and what is the most recent stance of the Court in this debate?

Question 64

Explain the concept of Holmes's "marketplace of ideas." Compare and contrast this view with the civil action of libel.

Question 65

Which of the following is NOT a right guaranteed by the Eighth Amendment?

A) The right to bail that is not excessive
B) Freedom from excessive fines
C) Freedom from cruel and unusual punishment
D) The right to a jury trial
E) The ability to reasonably obtain release from secure confinement, pending disposition of the criminal charges

Question 66

The First Amendment contains both the establishment clause and the free exercise clause. Discuss how the Supreme Court has interpreted these clauses and how these decisions have affected the "wall of separation" between church and state.

Question 67

What rights are guaranteed in the Ninth Amendment? What well-known social and political issue has been argued for decades, based on the rights provided by this Amendment? Discuss the pros and cons of this issue. Then describe several additional issues that have recently been debated based on the Ninth Amendment.

Question 68

How has the Supreme Court interpreted the Second Amendment? Do you agree with their interpretation? Why or why not?

Question 69

The U.S. Supreme Court's requirement that an individual who is arrested must be read a statement that explains the person's right to remain silent and the right to an attorney is called the

A) Miranda warning.
B) double jeopardy clause.
C) exclusionary rule.
D) ex post facto law.
E) free exercise clause.

Question 70

The Sixth Amendment guarantees

A) "A well regulated militia, being necessary to the security of a free State; the right of the people to keep and bear Arms shall not be infringed."
B) "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause."
C) "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself."
D) "In all criminal prosecutions, the accused shall … have the assistance of Counsel for his defense."
E) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Question 71

The Supreme Court has clearly refused to halt the use of the death penalty in the United States. However, through various opinions the Court has made a number of exceptions to its finding that the death penalty is not unconstitutional. List and discuss some of these exceptions.

Question 72

The right of any woman to have an abortion was first established in the 1973 Supreme Court ruling in Roe v. Wade. The Constitution says nothing about abortion, so it is not an enumerated right. Where in the Constitution did the Supreme Court base its rationale for legalized abortion? What have been some of the most recent challenges to Roe v. Wade?

Question 73

The Fifth Amendment also protects the accused from being tried twice for the same crime. To do so would constitute what the Constitution refers to as

A) illegal subpoena.
B) judicial unrestraint.
C) judicial exclusion.
D) double jeopardy.
E) indictment.

Question 74

The United States Supreme Court has decided a number of cases concerning the actual conduct of criminal trials, establishing the defendant's rights to an impartial jury, to confront witnesses, to compulsory service to obtain witnesses, to a speedy trial, and to a public trial. Explain the importance of each of these rights to a fair trial for a criminal defendant.

Question 75

In Griswold v. Connecticut the United States Supreme Court advanced the idea that the Fourteenth Amendment and portions of the Bill of Rights created a "zone of privacy." Compare and contrast Griswold's holding with the concept of "reasonable expectation of privacy" forming the basis of the decisions in Katz v. United States and California v. Ciraolo.