Deck 4: Civil Liberties

Question 1

Federalist arguments in response to Antifederalist concerns over the Bill of Rights were included in ______ by Alexander Hamilton.

A)Federalist 10
B)Federalist 11
C)Federalist 51
D)Federalist 84

Answer 1

D

Question 2

If captured by American officials, Eric Snowden would likely face prosecution under which of the following laws?

A)the Alien Sedition act of 1797
B)the Espionage Act of 1917
C)the USA Patriot Act of 2001
D)the Homeland Security Act of 2002

Answer 2

B

Question 3

In response to the debate over the Bill of Rights, Alexander Hamilton argued it would ______.

A)be dangerous to individual liberty
B)add unnecessary restrictions on government
C)violate the rights of individual states
D)be a threat to national security

Answer 3

A

Question 4

The Ninth Amendment arose from which of the following concerns?

A)Any enumerated list of rights in the Bill of Rights might not be complete.
B)Individual rights were already guaranteed by state constitutions.
C)States must be ensured a specific list of enumerated powers.
D)The federal government might exert power it had not been given.

Question 5

What crime was Benjamin Gitlow accused of in 1919?

A)murder
B)arson
C)anarchy
D)treason

Question 6

Which of the following groups was most concerned with the lack of a Bill of Rights in the Constitution?

A)Federalists
B)Antifederalists
C)socialists
D)communists

Question 7

An issue before the Supreme Court dealing with a death penalty case would most probably involve which of the following amendments in the Bill of Rights?

A)First
B)Fourth
C)Sixth
D)Eighth

Question 8

The right to just compensation when a person's private property is taken for public use can be found in which part of the Bill of Rights?

A)First Amendment
B)Second Amendment
C)Fifth Amendment
D)Eighth Amendment

Question 9

Which of the following best defines civil liberties?

A)rights citizens possess that protect them from unfair governmental interference
B)rights guaranteed in the Constitution that define what people are allowed to do
C)items included in the Bill of Rights that define what the government is allowed to do
D)the ability to criticize the government

Question 10

The Bill of Rights can be found in ______ of the Constitution.

A)the Preamble (introduction)
B)Article One Sections 1-8
C)Article Three Sections 1-6
D)the first 10 amendments

Question 11

In his appeal before the United States Supreme Court, Benjamin Gitlow argued that his rights had been violated under the due process clause of the ______ Amendment.

A)First
B)Fourth
C)Sixth
D)14th

Question 12

How many amendments were originally proposed for the Bill of Rights?

A)Nine
B)10
C)11
D)12

Question 13

As they assembled for the Constitutional Convention in spring 1787, a main concern among delegates was to secure the protection of ______.

A)individual rights
B)Southern slaves
C)Northern businesses
D)territorial sea routes

Question 14

Which of the following best describes Benjamin Gitlow's political affiliation ?

A)Democrat
B)communist
C)Republican
D)socialist

Question 15

Which Amendment in the Bill of Rights deals with the right to own a firearm?

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

Question 16

The Sixth Amendment is important because of which of the following protections?

A)political speech
B)no unreasonable search and seizure
C)protection from self-incrimination
D)a fair and speedy public trial

Question 17

As a compromise, the Constitution included a(n)______ to compensate for a Bill of Rights.

A)strict definition of treason
B)clause ending the slave trade
C)ensurance of religious freedom
D)protection of press and speech

Question 18

On what date did the Bill of Rights formally become part of the Constitution?

A)September 16, 1787
B)June 8, 1789
C)December 15, 1791
D)May 2, 1803

Question 19

Which of the following best describes the condition of civil liberties at the time the American republic was founded?

A)entirely fair and equitable
B)unfair yet entirely equitable
C)far from fair and equitable
D)entirely fair yet inequitable

Question 20

Eric Snowden justified his decision to release American secrets using the argument that ______.

A)a free and open press is necessary and vital to our personal liberty
B)accused citizens have a right to a fair and speedy trial by jury
C)the NSA abused its power to monitor and collect electronic data
D)the CIA was illegally spying on American citizens in foreign countries

Question 21

According to your author, the parts of the First Amendment that deal with freedom of ______ are often considered the most fundamental affirmations of American rights and liberties.

A)religion
B)assembly
C)speech
D)press

Question 22

The most important case dealing with prayer in schools was

A)Everson v. Board of Education (1947).
B)Board of Education v. Allen (1968).
C)Lemon v. Kurtzman (1971).
D)Engel v. Vitale (1962).

Question 23

The fundamental right to speak, publish, and act in the political space affirmed in the First Amendment is defined as

A)freedom of expression.
B)freedom of religion.
C)freedom of speech.
D)freedom of the press.

Question 24

Those who argued early for the importance of freedom of expression were influenced by which of the following laws?

A)the Anarchy Act
B)the Alien and Sedition Acts
C)the American Patriot Act
D)the Espionage Act

Question 25

The case of Board of Education v.Allen (1968)dealt with which of the following issues?

A)paying for transportation to private schools with public money
B)establishing mandatory prayer in public schools
C)providing private religious schools with textbooks at public expense
D)prohibiting any religious celebrations, assemblies, or performances

Question 26

The most recent Amendment in the Bill of Rights to be incorporated to the states was the ______.

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

Question 27

In the case of Employment Division v.Smith (1990), the court adopted which of the following tests?

A)Acid Test
B)Lemon Test
C)Neutrality Test
D)Litmus Test

Question 28

Which of the following cases allowed the Supreme Court to create a tool by which actions under the Establishment Clause of the Bill of Rights could be measured?

A)Everson v. Board of Education (1947)
B)Board of Education v. Allen (1968)
C)Lemon v. Kurtzman (1971)
D)Engel v. Vitale (1962)

Question 29

How does the Bill of Rights, by itself, apply to state and federal government?

A)It restrains only the powers of the federal government.
B)It restrains only the powers of the states.
C)It restrains both the powers of the states and federal government.
D)It restrains neither the federal government nor the states.

Question 30

The three-pronged test developed by the Supreme Court in order to determine whether a law or action violates the Establishment Clause is known as the

A)Acid Test.
B)Lemon Test.
C)Neutrality Test.
D)Litmus Test.

Question 31

The piecemeal process through which the Supreme Court has applied the protections included in the Bill of Rights to the states can best be described as

A)collective aggregation.
B)selective incorporation.
C)executive delegation.
D)progressive selection.

Question 32

A teacher wishes to sponsor an after-school prayer group during noninstructional time while off duty.What stance does the Supreme Court currently take on this issue?

A)Teachers may participate in religious activities while not in their official capacity and during noninstructional off-duty time.
B)Teachers may not promote any religious organization or practice at any time, including bible study or prayer groups.
C)Teachers may not participate in any religious celebration but may organize and lead bible studies during lunch hours (for which they are paid).
D)Teachers may not, at any time, participate in religious organization or practice while on or off duty, as they are public employees.

Question 33

In the Neutrality Test, which of the following conditions must be met as a condition of restricting religious expression in the course of legitimate state action?

A)must apply only to one faith
B)must not single out a specific faith over nonfaith
C)must require a wall of separation between faith and nonfaith
D)must apply only to nonfaith, disregarding any faith-based action

Question 34

Which 1940 law made it a federal crime to advocate for the overthrow of the national government?

A)the Sedition Act
B)the Patriot Act
C)the Smith Act
D)the Espionage Act

Question 35

A major problem with the Clear and Present Danger Test is its

A)subjectivity.
B)objectivity.
C)accountability.
D)reliability.

Question 36

Following the Gitlow case in 1925, the Supreme Court began issuing a series of decisions incorporating most of which amendment to the Constitution to the states?

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

Question 37

The foundation for extending protections in the Bill of Rights to state laws and actions are found in

A)the First Amendment's Free Exercise Clause.
B)Article IV of the Constitution's Full Faith and Credit Clause.
C)the 14th Amendment's Due Process Clause.
D)Article VI of the Constitution's Supremacy Clause.

Question 38

The "Clear and Present Danger" Test is associated with which of the following cases?

A)Lemon v. Kurtzman
B)Abrams v. United States
C)Schenck v. United States
D)Gitlow v. United States

Question 39

In comparison to the case of Eric Snowden, how did the case of Benjamin Gitlow differ in its impact?

A)Both equally impacted the protection of civil liberties in the face of national security concerns.
B)The case of Eric Snowden has greater impact because of today's technology.
C)The case of Benjamin Gitlow has greater impact because it helped change constitutional law.
D)Neither case had an impact, as both Mr. Snowden and Mr. Gitlow were considered traitors.

Question 40

The case of Everson v.Board of Education (1947)dealt with which of the following issues?

A)the right to prayer in the classroom
B)freedom from religious monuments
C)taxpayer support for religious education
D)the right to conduct private prayer groups

Question 41

Protected expression in the form of images, signs, etc.would best be described as

A)protected speech.
B)symbolic speech.
C)dramatic speech.
D)objective speech.

Question 42

Expression that defames a person's character in spoken form is called

A)libel.
B)slander.
C)denigration.
D)defamation.

Question 43

Which of the following is a document that allows the punishment of an individual, including the death sentence, without a trial?

A)writ of habeas corpus
B)ex post facto law
C)petition of certiorari
D)bill of attainder

Question 44

In the case of ______, the Supreme Court placed significant restrictions on the ability of public officials to successfully sue for libel.

A)New York Times v. United States
B)Washington Post v. New York Times
C)New York Times v. Sullivan
D)Washington Post v. United States

Question 45

In which court case was the Second Amendment incorporated to the states?

A)Columbia v. Heller
B)McDonald v. Chicago
C)United States v. Miller
D)Miller v. Texas

Question 46

In which of the following cases did the Supreme Court uphold restrictions on obscenity and pornography and establish a working definition?

A)Chaplinsky v. State of New York
B)United States v. Flynt
C)Roth v. United States
D)Pope v. Illinois

Question 47

Which of the following tests is used to determine the three criteria that must be met for something to be classified as pornography or obscenity?

A)the Lemon Test
B)the Miller Test
C)the Tinker Test
D)the Morse Test

Question 48

In which of the following court cases was ownership of certain types of weapons, such as sawed-off shotguns and machine guns, restricted by the Supreme Court?

A)Columbia v. Heller
B)McDonald v. Chicago
C)United States v. Miller
D)Miller v. Texas

Question 49

The case of New York Times v.United States dealt with the prior restraint of what famous document?

A)the Pentagon Papers
B)WikiLeaks
C)the Snowden files
D)the Watergate transcripts

Question 50

The modern standard for restrictions on political speech was set in the 1969 case of

A)Brandenburg v. Ohio.
B)Mapp v. Ohio.
C)Abrams v. United States.
D)New York Times v. United States.

Question 51

Expression that defames a person's character in writing or similar published media is called

A)libel.
B)slander.
C)denigration.
D)defamation.

Question 52

The current test for the restriction of political speech or action is

A)posing a clear and present danger.
B)promoting or inciting immanent lawless action.
C)threatening the dignity of the political process.
D)calling for the overthrow government institutions.

Question 53

The case of ______ established a three-pronged test of acceptable restrictions of symbolic speech.

A)United States v. O'Brien
B)Tinker v. Des Moines Independent School District
C)Mapp v. Ohio
D)Morse v. Frederick

Question 54

The right to peacefully assemble was incorporated in which of the following cases?

A)De Jonge v. Oregon
B)Tinker v. Des Moines ISD
C)Johnson v. Texas
D)Morse v. Frederick

Question 55

Which of the following cases has been given the nickname "Bong Hits 4 Jesus"?

A)Mapp v. Ohio
B)Morse v. Frederick
C)United States v. O'Brien
D)Tinker v. Des Moines ISD

Question 56

In which famous Supreme Court case did it uphold the right of public school students to wear black armbands as protest against the Vietnam War?

A)Mapp v. Ohio
B)Morse v. Frederick
C)United States v. O'Brien
D)Tinker v. Des Moines ISD

Question 57

Which of the following is a prohibition on making something illegal and punishable when it was legal prior to the passage of a new law?

A)ex post facto law
B)bill of attainder
C)writ of habeas corpus
D)petition of certiorari

Question 58

Suppressing an article prior to its publication would best be described as

A)selective incorporation.
B)judicial review.
C)prior restraint.
D)executive privilege.

Question 59

Expression of spoken, written, or symbolic speech that is likely to incite violence or disrupt the peace is defined as

A)fighting words.
B)hate speech.
C)libel.
D)slander.

Question 60

Which of the following is one of the most common types of hate speech?

A)public protest
B)cross burning
C)flag burning
D)displaying a swastika

Question 61

A writ issued by a judge authorizing some law enforcement activity is called a

A)petition.
B)warrant.
C)writ.
D)declaration.

Question 62

In 2001, a closely divided court prohibited the use of a ______ without the subject's knowledge or consent in order to obtain evidence on the cultivation of marijuana.

A)CT scan
B)CAT scan
C)thermal scan
D)MRI scan

Question 63

The case through which Fourth Amendment protections were incorporated to the states was

A)Mapp v. Ohio.
B)Georgia v. Randolph.
C)Illinois v. Gates.
D)Katz v. United States.

Question 64

The most contentious part of the Eighth Amendment today is arguments over

A)excessive bail.
B)cruel and unusual punishment.
C)unreasonable search and seizure.
D)forced self-incrimination.

Question 65

The most important way the Fifth Amendment provides protections for those accused of crimes is by

A)assuring a speedy trial by a jury of their peers.
B)guaranteeing processes and procedures for their defense.
C)ensuring fair and reasonable search and seizure of evidence.
D)prohibiting excessive bail and cruel/unusual punishment.

Question 66

The purpose of a grand jury is to

A)hear testimony and determine guilt or innocence.
B)hear arguments and fix appropriate punishment.
C)determine whether an indictment will be presented.
D)review court transcripts and decide on appeals.

Question 67

An amount of money posted as a security to allow a charged individual to be freed while awaiting trial is called

A)security.
B)surety.
C)bail.
D)insurance.

Question 68

In which of the following cases did the Supreme Court require a specific warning be read to anyone who is suspected of criminal activity?

A)Gideon v. Wainwright
B)Miranda v. Arizona
C)Mapp v. Ohio
D)Furman v. Georgia

Question 69

In which part of the Constitution is the right to demand a writ of habeas corpus enumerated?

A)Article I
B)Article II
C)Article III
D)Article IV

Question 70

A judicial standard requiring that fairness be applied to all participants equally is described as

A)inferential justice.
B)procedural justice.
C)incremental justice.
D)criminal justice.

Question 71

The right to a speedy trial was incorporated to the states in what year?

A)1892
B)1932
C)1938
D)1963

Question 72

In which case did the Supreme Court establish a standard for procedures involved in obtaining evidence of a crime?

A)Mapp v. Ohio
B)Georgia v. Randolph
C)Illinois v. Gates
D)Katz v. United States

Question 73

An officer stops a driver and orders him to open his trunk without probable cause, leading to his arrest.Later, the judge refuses the admission of any evidence obtained from the search.This would most likely be because of the ______ rule.

A)chain of custody
B)provisional
C)exclusionary
D)Miranda

Question 74

In which case was the right to counsel for those unable to afford it incorporated to the states?

A)Gideon v. Wainwright
B)Miranda v. Arizona
C)Mapp v. Ohio
D)Furman v. Georgia

Question 75

Recently, the Supreme Court has extended its Gideon v.Wainwright decision by

A)requiring free counsel in both criminal and civil cases.
B)allowing those who cannot afford counsel to select their own attorney.
C)requiring criminal defendants receive "effective" legal representation not just representation.
D)requiring courts to pay legal defense expenses for any defendant regardless of ability to pay.

Question 76

Under the decision in Katz v.United States, law enforcement must not only obtain a warrant to conduct a search;they must also prove

A)probable cause.
B)chain of custody.
C)mens rea.
D)corpus delecti.

Question 77

The situation in which an individual is tried more than once for the exact same crime is called

A)double jeopardy.
B)indictment.
C)habeas corpus.
D)ex post facto.

Question 78

Besides protection from double jeopardy and the right to a grand jury in federal cases, perhaps the most sweeping protection of the Fifth Amendment is the protection against

A)self-affiliation.
B)self-conciliation.
C)self-determination.
D)self-incrimination.

Question 79

In 2014, the Supreme Court declared that obtaining evidence from a subject's ______ without a warrant was prohibited under most circumstances.

A)home
B)car
C)baggage
D)cell phone

Question 80

Which of the following is a statement demanding that authorities in charge of a person's detention establish reasons for it?

A)bill of attainder
B)petition of certiorari
C)writ of habeas corpus
D)ex post facto law