Deck 3: Civil Liberties

Question 1

​What fueled early Americans' desire to protect individual liberties?

A) The argument concerning the rights of states over the rights of the federal government
B) The outcome of the American Revolution
C) ​Their experiences under the repressive English monarchy
D) The passage of the Bill of Rights

Answer 1

C

Question 2

​The original understanding of the Bill of Rights was that it applied solely to

A) the legislative branch.
B) state governments.
C) the poor.
D) the federal government.

Answer 2

D

Question 3

​What was the emphasis in Justice Field's dissenting opinion in the Slaughterhouse Cases (1873)?

A) ​The role of the Fourteenth Amendment in protecting slaves
B) ​The need for a more expansive reading of the Fourteenth Amendment by the Supreme Court
C) ​Limiting the role of the federal government in interpreting the Fourteenth Amendment
D) ​The repeal of the Fourteenth Amendment

Answer 3

B

Question 4

Supreme Court rulings have supported a free press because citizens are dependent on the press for reporting that

A) ​mirrors legislative decisions.
B) keeps the government accountable.
C) ​supports the government.
D) helps maintain domestic security.

Question 5

​How many amendments were ratified and adopted as the Bill of Rights?

A) ​Eight
B) Ten
C) Twelve
D) Fourteen

Question 6

​The First Amendment does not protect speech that

A) contributes to a proactive exchange of ideas.
B) ​has legitimate potential to do harm to others without redeeming value.
C) ​does not promote the general welfare.
D) ​represents a protest.

Question 7

​In United States v. O'Brien, the protestor who burned his draft card was not covered by the First Amendment because the action

A) incited others to act in a manner that would cause a public safety issue.
B) was slanderous to the draft board.
C) destroyed an official record, which represented a compelling governmental interest.
D) destroyed an official record, which created a national security risk.

Question 8

​First Amendment freedoms confront the Supreme Court with balancing individual liberty with

A) ​national security and public order.
B) ​protected speech and technological advancements.
C) ​public order and technological advancements.
D) individual rights.

Question 9

​The Bill of Rights was drafted by

A) ​Thomas Jefferson.
B) ​John Adams.
C) ​James Madison.
D) ​Warren Berger.

Question 10

​Which of the following is not a right that is included in "freedom of expression"?

A) ​Freedom of speech
B) ​​Freedom from regulation
C) ​​Freedom of association
D) ​​Freedom of assembly and petition

Question 11

​Miller v. California led the Supreme Court to develop a three-pronged test to classify obscene material. Which of the following is not ​part of the test?

A) The material must be seen as appealing to the prurient interest in the view of the average person applying community standards.
B) The material must depict or describe in a patently offensive manner sexual conduct as defined by applicable federal law.
C) The material, taken as a whole, must show serious literary, artistic, political, or scientific value.
D) ​The material must intentionally harm someone.

Question 12

​Libel is one exception to freedom of the press because

A) it is exceptionally difficult to prove.
B) libelous statements are without redeeming social value.
C) ​the publishing of defamatory statements is damaging and lowers a person's reputation.
D) it is common practice.

Question 13

​Which amendment requires states to provide all persons due process of the law before depriving them of the inalienable rights of life, liberty, and property?

A) ​First Amendment
B) ​Eighth Amendment
C) ​Twelfth Amendment
D) ​Fourteenth Amendment

Question 14

​What has led to the Bill of Rights' current prominence?

A) ​The due process and equal protection clauses of the Fourteenth Amendment
B) The Supreme Court's decisions to strike down certain state laws
C) ​Advances in technology challenging the Ninth Amendment
D) ​Both ​the due process and equal protection clauses of the Fourteenth Amendment and the Supreme Court's decisions to strike down certain state laws

Question 15

​What is the difference between civil liberties and civil rights?

A) Civil rights address the basic rights and freedoms found in the Bill of Rights, while civil liberties address unequal and unfair treatment based on a protected class.
B) Civil rights address those rights determined by Supreme Court case decisions, while civil liberties include issues not taken to the Supreme Court yet.
C) Civil rights address unequal and unfair treatment based on a protected class, while civil liberties address the basic rights and freedoms guaranteed in the Bill of Rights and Constitution.
D) Civil rights and civil liberties are interchangeable terms.

Question 16

​What is generally considered most outside the scope of government regulation?

A) ​Thoughts
B) ​Words
C) ​Actions
D) Behaviors

Question 17

​The Anti-Federalists believed individual rights would most likely be

A) ​taken away if not expressly stated in the U.S. Constitution.
B) taken away if not directly expressed in state constitutions.
C) protected by limiting federal power through the creation of checks and balances.
D) ​protected by the federal structure created by the Constitution.

Question 18

How many amendments were in the original draft of the Bill of Rights?

A) ​Six
B) Eight
C) ​Ten
D) ​Twelve

Question 19

​The best definition of a "marketplace of ideas" is ​all ideas are able to be

A) shared through public discourse with greater understanding of opposing ideas being the end result.
B) freely shared through public discourse with truth and quality public policy being the end result.
C) shared through legislative meetings with truth and quality legislation being the end result.
D) shared with truth the end result, even if it does legitimate harm to others without redeeming value.

Question 20

​The Federalists believed individual rights were protected by

A) ​the balance of power outlined in the Constitution.
B) ​limiting federal power through the creation of checks and balances.
C) ​the federal structure created by the Constitution.
D) ​God.

Question 21

​The free exercise clause addresses ​public policies that

A) appear to burden the government.
B) allow for some religious activities.
C) ​allow religious freedom.
D) appear to burden religion.

Question 22

​When a person pleads the Fifth, that person

A) ​accepts a plea without testifying.
B) ​refuses to give testimony because statements made might be used later to prosecute.
C) ​refuses to appear in court out of concern for personal safety.
D) ​accepts a lesser plea for evidence provided.

Question 23

​The Lemon Test includes which of the following?

A) ​The government's action must have a nonsecular legislative purpose.
B) ​The government's action must not have the primary effect of either advancing or inhibiting religion.
C) ​​The government's action must be approved by the courts prior to being implemented.
D) ​The recipient of the government action must not be affiliated with a religious institution.

Question 24

​What limits the government's support of religiously based activities and blocks it from becoming a tool to benefit one religion over another?

A) The Lemon clause
B) The free exercise clause
C) The establishment clause
D) ​The due process clause

Question 25

​Barker v. Wingo established standards for

A) ​legal representation in interrogation and trial.
B) ​a speedy trial.
C) ​a public trial.
D) ​pleading the Fifth.

Question 26

​In Miranda v. Arizona, the Supreme Court defined the

A) ​role of police officers during a search.
B) ​meaning of freely-given confessions.
C) responsibilities of a person charged with a crime.
D) concept of double jeopardy.

Question 27

​Furman v. Georgia's moratorium on executions based on the discretion of trial judges and juries impacted which amendment?

A) ​Fifth Amendment
B) ​Sixth Amendment
C) ​Seventh Amendment
D) ​Eighth Amendment

Question 28

​Mapp v. Ohio is significant because it marked the beginning of the Supreme Court's

A) ​reliance on the Fourteenth Amendment.
B) ​authority to create standards for the judicial system.
C) authority to create standards for day-to-day police activity.
D) ​reliance on police procedures.

Question 29

​What must a legitimate search include?

A) A suspicion of guilt by a law enforcement official
B) ​Probable cause
C) ​Advance warning that property will be searched
D) Permission of the person being searched

Question 30

How did Gideon v. Wainwright change the application of the Miranda warning?

A) It added the right to legal representation for suspects.
B) It established the right to legal council in death penalty cases.
C) It required states to enforce the right to council in criminal cases.
D) ​It required states to enforce the right to council in civil cases.

Question 31

​Katz v. United States established the principle of

A) unreasonable searches.
B) the ​reasonable expectation of privacy.
C) speedy criminal proceedings.
D) reasonable cause.

Question 32

​In which of the following cases did the Supreme Court find that the government cannot prohibit the advocacy of violence unless it can prove that the speech has the intent of causing immediate lawless action?

A) ​Schenck v. United States
B) ​United States v. O'Brien
C) ​Brandenburg v. Ohio
D) ​Tinker v. Des Moines Community School District

Question 33

​Which of the following violates the establishment clause?

A) ​A short prayer held at the beginning of the school day in a public school
B) ​A private prayer a student makes prior to taking an exam
C) ​A prayer group that meets before the school day begins at a private school
D) A required student prayer in a religiously affiliated private school

Question 34

​In 1976, what Supreme Court decision held that the death penalty was not inherently cruel and unusual punishment?

A) ​Gregg v. Georgia
B) ​Furman v. Georgia
C) ​Barker v. Wingo
D) ​Gideon v. Wainwright

Question 35

​What does the Fourth Amendment prohibit?

A) Unreasonable searches and seizures
B) ​Restriction of religious expression
C) ​Censoring of the press
D) Closing a trial to the public

Question 36

​United States v. Jones (2012) requires search warrants to be issued before police

A) ​use GPS to track suspects.
B) ​question a suspect without sufficient cause.
C) ​collect DNA samples from convicted criminals.
D) ​collect DNA samples from those facing criminal charges.

Question 37

​A trial may be closed to the public if

A) ​there is a compelling government interest.
B) ​the need does not exist to preserve the right to a fair trial.
C) ​the cost of opening the trial to the public is prohibitive.
D) ​there is no public request for an open trial.

Question 38

​What case emphasized the expectation of privacy that occurs as technology advances?

A) ​United States v. Mitchell
B) ​United States v. Kincade
C) ​United States v. Pool
D) ​United States v. Katz

Question 39

​The scope of the First Amendment has

A) ​remained consistent since the ratification of the Bill of Rights.
B) ​changed over time due to outside forces.
C) ​remained consistent since the Schenck v. United States decision.
D) ​changed only recently due to advancements in technology.

Question 40

​What are two recent district court cases that have challenged Fourth Amendment protection of collecting DNA from those facing charges?

A) ​United States v. Katz and Mapp v. Ohio
B) United States v. Jones and United States v. Pool
C) ​United States v. Pool and United States v. Mitchell
D) Riley v. California and United States v. Mitchell

Question 41

​In Roe v. Wade, the right to privacy was interpreted to include the concept of

A) the right of adults to engage in private consensual sex.
B) ​privacy between a married couple.
C) reproductive privacy.
D) gay marriage.

Question 42

​The National Firearms Act

A) ​established taxation and regulation of certain firearms.
B) ​mandated federal background checks prior to a handgun purchase from a federally licensed dealer.
C) ​settled the debate about whether individuals not belonging to a militia could own handguns.
D) ​clearly defined the Second Amendment phrase "bear arms."​

Question 43

​Which of the following events has not been a catalyst for state legislative and congressional action regarding the Second Amendment?

A) ​The assassination attempt on President Reagan
B) ​The St. Valentine's Day Massacre
C) ​The Sandy Hook Elementary School shooting
D) The constitutionality of flag burning

Question 44

​The Ninth Amendment represents the answer to concerns that

A) ​a bill of rights may be too broadly interpreted and provide individuals and states more power than the federal government.
B) ​interpretations of a bill of rights would rest solely with the legislative branch.
C) interpretations of a bill of rights might restrict individual liberties to only specified protections.
D) a bill of rights would supersede current and future laws.

Question 45

​District of Columbia v. Heller was the first case to clearly state that the right to bear arms applies to

A) the individual, and not simply a member of a militia.
B) individuals who are members of a militia.
C) individuals who are members of militia and police forces.
D) ​individuals over the age of 21.

Question 46

​United States v. Miller addressed the constitutionality of

A) ​the right to keep and bear arms.
B) ​the registration and taxation of certain classes of firearms.
C) ​a ban on the concealed carry of handguns.
D) ​the initiation of background checks for firearm purchases.

Question 47

​Why did the decision in District of Columbia v. Heller not apply to other states?

A) ​The case was heard by a district court and not the Supreme Court.
B) ​No decisions found by the Supreme Court apply to other states.
C) ​The District of Columbia is governed by the laws of the federal government.
D) The case was brought to the Court by an individual, not a state.

Question 48

​In which case did the Supreme Court reverse its Bowers v. Hardwick decision regarding private consensual sexual activity?

A) ​Griswold v. Connecticut
B) ​Roe v. Wade
C) ​Planned Parenthood v. Casey
D) ​Lawrence v. Texas

Question 49

​In his dissent to the Supreme Court decision of Bowers v. Hardwick, Justice Harry Blackmun argued for a broad interpretation of the right to privacy through the

A) ​Ninth Amendment.
B) ​exclusionary clause of the Fourteenth Amendment.
C) ​due process clause of the Fourteenth Amendment.
D) free speech clause of the First Amendment.

Question 50

​The Second Amendment poses what debate for the modern age?

A) ​Is all speech protected speech?
B) ​Is there any government capacity to regulate types of firearms?
C) ​Can the government regulate religious activities?
D) ​What constitutes unreasonable search and seizure?