Deck 4: Civil Liberties

Question 1

The Bill of Rights was adopted because the

A) Antifederalists demanded it as the price of ratification of the Constitution.
B) Federalists realized that no Constitution would last for long without a bill of rights.
C) federal government in the early days of the Republic was violating too many individual rights.
D) Supreme Court ruled that a bill of rights was needed.

Answer 1

A

Question 2

Which of the following best describes the Supreme Court's first ruling on the nationalization of the Bill of Rights in 1833?

A) The takings clause restricts national and state governments but not local governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.

Answer 2

D

Question 3

The ________ Amendment is the only amendment in the Bill of Rights that explicitly addresses itself to the national government.

A) First
B) Second
C) Fourth
D) Fifth

Answer 3

A

Question 4

In what year was freedom of speech extended to protect against the acts of state governments?

A) 1833
B) 1865
C) 1868
D) 1925

Question 5

The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the

A) First Amendment's protection for freedom of the press.
B) First Amendment's protection for freedom of speech.
C) First Amendment's protection for freedom of assembly.
D) Fifth Amendment's prohibition on states from taking private property for a public use without just compensation.

Question 6

The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment.

A) First
B) Fourth
C) Tenth
D) Fourteenth

Question 7

________ was largely responsible for getting a series of constitutional amendment proposals passed in the U.S. House of Representatives that ultimately became known as the Bill of Rights.

A) Alexander Hamilton
B) James Madison
C) Patrick Henry
D) Henry Clay

Question 8

The Fourteenth Amendment

A) forced state governments to abide by all of the provisions in the Bill of Rights.
B) had no effect on state governments because it was designed to apply only to the federal government.
C) forced state governments to abide by almost every provision in the Bill of Rights, but the process took more than 100 years.
D) required states to abide by the First Amendment to the Constitution, but not any of the other amendments to the Constitution.

Question 9

The Bill of Rights was ratified by the states in ________.

A) 1776
B) 1787
C) 1791
D) 1812

Question 10

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called ________.

A) habeas corpus
B) selective incorporation
C) the incorporation clause
D) cooperative federalism

Question 11

Habeas corpus refers to

A) any law that declares an action to be illegal after it has been committed.
B) the right of government to take private property for public use.
C) a law that declares a person guilty of a crime without a trial.
D) a court order demanding that an individual in custody be brought into court and shown the cause for detention.

Question 12

Alexander Hamilton opposed a bill of rights mainly because he believed that

A) too many individual liberties diminished the trust between citizen and government.
B) it was unnecessary for a national government to possess only explicitly delegated powers.
C) a bill of rights would make the Constitution too specific and cumbersome.
D) a bill of rights would lead to many frivolous lawsuits.

Question 13

During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution.

A) Federalists
B) Antifederalists
C) merchants and landowners
D) slaves

Question 14

The text of the Fourteenth Amendment says

A) "the right of the people to keep and bear Arms, shall not be infringed."
B) "no person shall . . . be twice put in jeopardy of life or limb."
C) "no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
D) "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Question 15

DeJonge v. Oregon (1937) and Everson v. Board of Education (1947) were significant Supreme Court cases because they

A) asserted that the First Amendment applied only to the national government and not to state governments.
B) incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
C) upheld the constitutionality of bills of attainder.
D) protected the right of habeas corpus.

Question 16

________ are areas of personal freedom with which governments are constrained from interfering.

A) Civil rights
B) Political rights
C) Electoral rights
D) Civil liberties

Question 17

Which of the following statements about selective incorporation is most accurate?

A) By 1865, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
B) By 1961, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
C) Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
D) Until 1994, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.

Question 18

The Bill of Rights

A) includes the first ten amendments to the U.S. Constitution.
B) includes all of the civil liberties and civil rights found in the U.S. Constitution.
C) is the first national Constitution of the United States.
D) is the First Amendment to the U.S. Constitution.

Question 19

Why is Palko v. Connecticut (1937) a significant case?

A) It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B) The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government.
C) This case was the first time the Supreme Court upheld the free exercise protections for a nonmainstream religion.
D) The Supreme Court ruled that persons under arrest must be informed of their right to remain silent.

Question 20

Near v. Minnesota (1931) is significant because it

A) struck down ex post facto laws.
B) protected the right of habeas corpus.
C) forced state governments to obey the Second Amendment of the Constitution.
D) ruled that the First Amendment prohibits government agencies from seeking to prevent newspapers or magazines from publishing whatever they wish.

Question 21

What was the result of the 2004 case that argued that the phrase under God in the Pledge of Allegiance violated the First Amendment?

A) The Supreme Court ruled that the phrase violated the establishment clause.
B) The Supreme Court ruled that the phrase was protected by the free exercise clause.
C) The Supreme Court ruled that the phrase was not protected by the free exercise clause.
D) The Supreme Court did not rule on the issue; it dismissed the case on a technicality.

Question 22

In E.E.O.C. v. Abercrombie and Fitch Stores (2015), the Supreme Court ruled that

A) the Ten Commandments cannot be displayed at a privately owned retail store.
B) Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
C) Title VII of the U.S. Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
D) Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies.

Question 23

The Lemon test involves what part of the Constitution?

A) free speech
B) the establishment clause
C) due process
D) the free exercise clause

Question 24

The ________ clause of the First Amendment protects an individual's right to believe and practice whatever religion he or she chooses.

A) establishment
B) free association
C) free exercise
D) religious freedom restoration

Question 25

________ argued that there was a "wall of separation" between church and state.

A) George Washington
B) James Madison
C) Benjamin Franklin
D) Thomas Jefferson

Question 26

What was Justice Potter Stewart talking about when he declared "I know it when I see it."

A) free speech
B) slander
C) pornography
D) sedition

Question 27

The Alien and Sedition Acts were laws

A) passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States.
B) that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations.
C) passed during the Civil War denying Confederate sympathizers the right to free speech.
D) passed by Congress in 1921 that restricted immigration to the United States.

Question 28

The Supreme Court ruled that the Communications Decency Act was unconstitutional because the act

A) attempted to impose prior restraint on newspapers.
B) violated the First Amendment's right to freedom of assembly.
C) granted too much authority to the executive branch and therefore violated the separation of powers.
D) attempted to protect children by suppressing speech that adults have a constitutional right to receive.

Question 29

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called ________.

A) libel
B) prior restraint
C) strict scrutiny
D) speech plus

Question 30

The so-called wall of separation between church and state is best found in which clause of the Constitution?

A) free exercise
B) establishment
C) equal protection
D) wall of separation

Question 31

The 1940 case of Cantwell v. Connecticut was significant because it established that

A) Americans are free to adhere to any religious beliefs, but the time, place, and manner of their exercise are subject to regulation in the public interest.
B) a display of the Ten Commandments outside the Connecticut state capitol did violate the Constitution.
C) a display of the Ten Commandments outside the Connecticut state capitol did not violate the Constitution.
D) Americans are free to adhere to any religious beliefs and the government cannot regulate the time, place, and manner of their exercise.

Question 32

Freedom of speech and of the press have a special place in the American system because

A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
C) they have never been restricted in the history of the United States.
D) they were the only liberties explicitly mentioned in Article I of the Constitution.

Question 33

In Lemon v. Kurtzman (1971), the Supreme Court ruled that government support of religion is

A) permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
B) permissible only if it promotes religious organizations that have a large number of members.
C) permissible only if it promotes religious organizations that have a small number of members.
D) never permissible.

Question 34

Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that

A) the issue of government-sponsored religion has not yet been definitively settled.
B) there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D) the Lemon test does not apply to cases involving school prayer.

Question 35

Conflicts over whether public schools should be allowed to assign readings from the Bible and lead nondenominational prayers are examples of disagreements over the

A) meaning of selective incorporation.
B) meaning of the establishment clause.
C) applicability of prior restraint.
D) meaning of eminent domain.

Question 36

An Arkansas prison policy prohibiting beards was struck down as a violation of a Muslim man's ability to freely exercise his religion in the case of

A) Cantwell v. Connecticut.
B) Holt v. Hobbs.
C) Van Orden v. Perry.
D) McCreary County v. American Civil Liberties Union of Kentucky.

Question 37

West Virginia State Board of Education v. Barnette (1943) was significant because it

A) endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) banned prayers in public schools.

Question 38

The words under God were added to the Pledge of Allegiance

A) in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B) during the Civil War, to tie the Union's war effort to religion.
C) in 1823, during a religious revival called the Second Great Awakening.
D) as a result of campaign promises made by the Republican Party during the election of 1980.

Question 39

The first test for determining when the government may intervene to suppress political speech was called the ________ test.

A) speech plus
B) clear and present danger
C) strict scrutiny
D) Lemon

Question 40

In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that

A) Amish children are not required to attend school past the age of 12.
B) children cannot be required to salute the flag if it violates their religious faith.
C) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
D) prayer in school violates the establishment clause.

Question 41

New York Times v. Sullivan (1964) was significant because the justices ruled that

A) a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B) newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C) the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D) "shield laws" were unconstitutional.

Question 42

The Supreme Court's decision in R.A.V. v. City of St. Paul (1992) suggests that

A) political speech receives more protection under the Constitution than commercial speech.
B) commercial speech receives more protection under the Constitution than political speech.
C) hate speech is not protected by the Constitution.
D) virtually all hate speech is constitutionally protected.

Question 43

Near v. Minnesota (1931) established the principle that

A) the government could block publication of newspapers during a time of crisis such as the Cold War.
B) only under the most extraordinary circumstances could the government prevent the publication of newspapers and magazines.
C) news articles that were not truthful received no First Amendment protection.
D) the news media could not publish obscene material.

Question 44

The Supreme Court case of New York Times v. United States (1971), was related to which First Amendment concept?

A) speech plus
B) prior restraint
C) fighting words
D) hate speech

Question 45

Among other things, the Bipartisan Campaign Reform Act

A) outlawed candidates and political parties from broadcasting any election-related advertisements within 60 days of a primary election.
B) eliminated all public financing previously available to candidates running for federal office.
C) provided public financing to all candidates running for federal office.
D) placed a ban on corporate funding of independent political broadcasts aimed at electing or defeating particular candidates.

Question 46

In McConnell v. Federal Election Commission (2003), the Supreme Court ruled that Congress could

A) place limits on campaign spending and on "issue advertising."
B) place limits on campaign spending but not on "issue advertising."
C) place limits on "issue advertising" but not on campaign spending.
D) not place limits on either campaign spending or "issue advertising."

Question 47

Which statement about "fighting words" is most accurate?

A) "Fighting words" have been considered protected speech throughout American history and the Supreme Court has always reversed convictions based on arguments that the speaker used "fighting words."
B) Since the 1950s, the Supreme Court has been inconsistent in its rulings on "fighting words" cases and chosen to overturn convictions only when they involve "hate speech."
C) Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words."
D) Since the 1950s, the Supreme Court has never reversed a conviction based on arguments that the speaker used "fighting words."

Question 48

In Snyder v. Phelps (2011), the Supreme Court ruled that

A) religious organizations cannot lose their tax-exempt status under federal law simply because they organized a protest event at the funeral service of a soldier.
B) religious organizations must lose their tax-exempt status under federal law if they organize protest events at funeral services.
C) protests during funeral services for military personnel can be prohibited by state governments even if held in a public place.
D) the First Amendment protects free speech in a public place against emotional distress lawsuits.

Question 49

Which of the following forms of speech receives the greatest level of First Amendment protection?

A) slander
B) obscenity
C) libel
D) political speech that stops short of inciting violence

Question 50

According to the Supreme Court, which of the following is true about high school students in public schools?

A) High school students have the same free speech rights as adults.
B) The justices have always provided a broad protection of free speech rights for high school students.
C) High school students have conditionally protected speech.
D) High school students have no free speech rights whatsoever.

Question 51

Which of the following statements about flag burning is most accurate?

A) Flag burning is illegal in every state and is a crime under federal law.
B) Flag burning is a federal crime but is legal in 35 states.
C) Flag burning is illegal in 35 states but is not a federal crime.
D) Since 1995 the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along.

Question 52

The Supreme Court ruled that the First Amendment did not require schools to permit students to advocate illegal drug use in the case of

A) Dennis v. United States.
B) R.A.V. v. City of St. Paul.
C) Morse v. Frederick.
D) Buckley v. Valeo.

Question 53

The Supreme Court has not given full protection to fighting words because

A) such words are not part of the essential exposition of ideas.
B) they are a form of sedition.
C) they are a form of obscenity.
D) they are necessarily slanderous.

Question 54

In the 1969 case of Brandenburg v. Ohio, the Supreme Court ruled that

A) the First Amendment provides no protection for "fighting words" because such words "are no essential part of any exposition of ideas."
B) the Alien and Sedition Acts, which made it a crime to say or publish anything that might defame the government, were an unconstitutional violation of the First Amendment.
C) as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies.
D) the First Amendment does not require schools to permit students to advocate illegal drug use.

Question 55

When New York Times reporter Judith Miller was jailed in 2005, it illustrated that

A) the press has no constitutional right to withhold information in court.
B) prior restraint is permitted in cases that involve national security.
C) journalists are held to a higher standard of libel than ordinary citizens.
D) journalists can be punished for reporting inaccurate information on political stories.

Question 56

Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because

A) state laws that make flag burning a crime are too lenient.
B) state laws that make flag burning a crime are too harsh.
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D) the Supreme Court has already ruled that flag burning is a crime.

Question 57

Citizens United v. Federal Election Commission (2010) was significant because the Supreme Court concluded that the Constitution

A) prohibits the government from limiting campaign spending in any way.
B) allows the government to prevent certain candidates from running campaign advertisements.
C) allows the government to ban political speech that is funded by corporations.
D) prohibits the government from regulating political speech that is funded by corporations.

Question 58

In Buckley v. Valeo (1976), the Supreme Court ruled that

A) spending by or on behalf of a candidate for office is protected speech.
B) libel is protected by the First Amendment, as long as the person libeled is a public figure.
C) burning draft cards is a form of protected symbolic speech, but only if it is done in public.
D) the Espionage Act of 1917 was unconstitutional.

Question 59

The rights to assembly and petition are guaranteed by the same amendment that guarantees ________.

A) free speech
B) due process
C) privacy
D) the right to bear arms

Question 60

If the government stopped the New York Times from releasing the transcripts of cell phone conversations between world leaders, it would be called

A) sedition
B) speech plus
C) prior restraint
D) clear and present danger

Question 61

McDonald v. Chicago (2010) was significant because it

A) applied the Second Amendment to state governments.
B) rejected the idea that the Second Amendment applies to state governments.
C) concluded that the Second Amendment applies only to state governments and not to the federal government.
D) upheld the state of Illinois's restrictions on gun ownership by former felons.

Question 62

The Second Amendment to the U.S. Constitution deals with ________.

A) the right to bear arms
B) the quartering of troops
C) due process
D) self-incrimination

Question 63

The requirement that a person under arrest be informed of his or her right to remain silent is known as the ________ rule.

A) Mapp
B) Gideon
C) Miranda
D) Escobedo

Question 64

The Fourth Amendment protects citizens against ________.

A) cruel and unusual punishment
B) unreasonable searches and seizures
C) self-incrimination
D) quartering military troops in private homes

Question 65

The term eminent domain describes the

A) power of the government to seize private property for public use.
B) right of individuals not to have their private property seized by the government.
C) power of the Supreme Court to declare the meaning and scope of all civil liberties.
D) power of state governments to ignore a law enacted by the federal government.

Question 66

What is the standard for determining guilt in criminal cases?

A) Guilt must be proven "beyond a reasonable doubt."
B) Guilt must be proven "beyond any possible doubt whatsoever."
C) Guilt is determined by "the preponderance of the evidence."
D) Guilt is determined according to different standards based on the severity of the crime.

Question 67

Which of the following statements best summarizes the federal courts' rulings on Internet content?

A) The courts have declared that service providers are not immune from suits regarding the content of material posted by others.
B) The courts have declared that service providers are immune from suits regarding the content of material posted by others.
C) The courts have ruled that the federal government can make posting pornography online a crime.
D) The courts have ruled that selling child pornography online cannot be outlawed because it is protected expression under the First Amendment.

Question 68

The exclusionary rule was applied to all levels of government by the Supreme Court in which case?

A) Miranda v. Arizona (1966)
B) Near v. Minnesota (1931)
C) Mapp v. Ohio (1961)
D) Griswold v. Connecticut (1965)

Question 69

In Maryland v. King (2012), the Supreme Court

A) ruled that police are constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest.
B) ruled that police are allowed to seize and search the digital contents of a cell phone during an arrest.
C) upheld a policy of DNA testing of arrestees without providing evidence of individualized suspicion.
D) ruled that law enforcement cannot attach a GPS device to a person's car and monitor their movements without a warrant.

Question 70

________ prevents people from being tried twice for the same crime.

A) Self-incrimination
B) Double jeopardy
C) Unreasonable seizures
D) Cruel and unusual punishment

Question 71

In Riley v. California (2014), the Supreme Court

A) ruled that police are constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest.
B) ruled that police are allowed to seize and search the digital contents of a cell phone during an arrest.
C) upheld a policy of DNA testing of arrestees without providing evidence of individualized suspicion.
D) ruled that law enforcement cannot attach a GPS device to a person's car and monitor their movements without a warrant.

Question 72

The ________ rule forbids the introduction in trial of any piece of evidence that has been obtained illegally.

A) warrant
B) exclusionary
C) Miranda
D) ex post facto

Question 73

The right to remain silent is guaranteed by the ________ Amendment.

A) First
B) Fifth
C) Sixth
D) Ninth

Question 74

________ is considered "the oldest institution known to the Constitution."

A) The right to a grand jury
B) Protection from cruel and unusual punishment
C) The right to legal counsel
D) The right to remain silent

Question 75

The takings clause states that the government may not seize private property

A) without prior notification.
B) without just compensation.
C) without returning it in due time.
D) for any reason.

Question 76

A grand jury

A) is used in federal courts.
B) determines whether there is enough evidence to justify a trial.
C) determines the sentence after guilt has been proven.
D) determines whether the rights of the accused have been violated.

Question 77

Which of the following best reflects the Supreme Court's position on commercial speech?

A) Commercial speech receives no First Amendment protection.
B) Advertisements do not have full First Amendment protection.
C) Advertisements receive as much First Amendment protection as anything else that is published in a newspaper.
D) Commercial speech regulations depend on the commerce clause, not the Bill of Rights.

Question 78

Warrants issued when the police know that incriminating material is not yet present but have reason to believe that it will eventually arrive at a particular premises are called ________ warrants.

A) anticipatory
B) retrospective
C) prospective
D) incriminatory

Question 79

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

A) protections for those accused of committing crimes.
B) the right to privacy and travel.
C) the demands that citizens be treated equally.
D) the limits of Congress regarding economic regulation.

Question 80

Which nation has the highest rate of incarceration?

A) Russia
B) China
C) Iran
D) United States