Deck 4: Civil Liberties

Question 1

Which term covers the protection of citizens from quartering of troops in private homes during peacetime?

A)civic principle
B)civil liberty
C)civil dispute
D)civil duty
E)civic entitlement

Answer 1

B

Question 2

The establishment of civil rights and civil liberties reflects which of the five principles of politics?

A)the rationality principle
B)the institution principle
C)the collective action principle
D)the policy principle
E)the history principle

Answer 2

B

Question 3

The Bill of Rights is a series of restraints designed to limit government's jurisdiction.These restraints best reflect which principle of politics?

A)the rationality principle
B)the institution principle
C)the collective action principle
D)the policy principle
E)the history principle

Answer 3

B

Question 4

What is the Bill of Rights?

A)a series of statements regarding the purpose of government
B)a series of grievances directed against King George III of England
C)a series of economic claims against the new American government
D)a series of general ethical and moral principles to govern human behavior
E)a series of substantive and procedural restraints on government

Question 5

Which amendment in the Bill of Rights explicitly addresses itself exclusively to the national government?

A)the First Amendment
B)the Second Amendment
C)the Fifth Amendment
D)the Seventh Amendment
E)the Eleventh Amendment

Question 6

The Bill of Rights was added to the Constitution soon after the first meeting of Congress convened in 1789 as a response to the concerns of Antifederalists.Which principle of politics holds that political decision making requires actors to work together to accommodate the interests of critical groups and institutions?

A)rationality
B)collective action
C)institution
D)policy
E)history

Question 7

In the past, solid majorities of the American public and U.S.Congress have supported laws to punish anyone who burns an American flag, yet these laws have not been allowed.Which principle explains how preferences are constrained by institutions?

A)rationality principle
B)collective action principle
C)state principle
D)policy principle
E)history principle

Question 8

When the first Congress under the new Constitution met in late April of 1789, the most important item of business was consideration of a proposal to

A)create a department of war.
B)add a bill of rights to the Constitution.
C)appoint officials to staff the fledgling bureaucracy.
D)develop procedures for the admission of new states.
E)create a national bank.

Question 9

Which term defines the protection of citizens from improper governmental action?

A)civil rights
B)civil liberties
C)civic equities
D)civic entitlements
E)civic duties

Question 10

The Bill of Rights is basically a series of amendments on what

A)citizens must do.
B)citizens must not do.
C)the federal government must do.
D)the federal government must not do.
E)foreign governments must do for U.S.citizens.

Question 11

The constitutional prohibition against the government establishing a religion is an example of a

A)juridical limitation.
B)tortfeasor limitation.
C)procedural restraint.
D)substantive restraint.
E)prior restraint.

Question 12

Which is a general term for rules that restrict the range of outcomes from collective action?

A)the exclusionary rule
B)prior restraint
C)civil liberties
D)civil rights
E)range constraints

Question 13

The notion that each American is a citizen of the national government and separately a citizen of one of the states is known as

A)double jeopardy.
B)double identity.
C)dual federalism.
D)dual citizenship.
E)dual nationality.

Question 14

Why did Alexander Hamilton and other Federalists argue that a bill of rights was not necessary?

A)Every state constitution already had its own version of a bill of rights.
B)A list of vague rights would ultimately be too difficult for courts to interpret.
C)The national government could not abuse powers not given to it in the first place.
D)There was no need to include protections from government because the people controlled their leaders.
E)The Founders thought the proposed bill of rights imposed too many limits on the federal government.

Question 15

The fact that John Barron was treated separately as a citizen of the state of Maryland (and was thus entitled to certain protections from the Maryland state government) and as a citizen of the United States (which entitled him to a different set of protections valid only against infringements on his liberty by the U.S.government) exemplifies the principle of

A)dual nationality.
B)dual citizenship.
C)dual property rights.
D)double jeopardy.
E)double federalism.

Question 16

Although James Madison was initially opposed to the addition of a bill of rights to the Constitution, why did he subsequently support the proposal?

A)because of his pragmatic recognition of political realities
B)because of his unwavering adherence to political principles
C)because of his selfish devotion to the accumulation of his own wealth
D)because of his distrust that the system of checks and balances would actually work
E)because of his close friendship with Alexander Hamilton, who desperately wanted the Bill of Rights

Question 17

Which of the following is an example of a procedural restraint that protects our civil liberties?

A)A person is presumed innocent until proven guilty.
B)Congress shall make no law establishing a religion.
C)Troops cannot be quartered in private homes without consent.
D)Slavery is formally abolished.
E)The federal government is prohibited from banning guns.

Question 18

The role of precedent in guiding and constraining Supreme Court decision making illustrates which of the five principles of politics?

A)rationality
B)collective action
C)institution
D)policy
E)history

Question 19

Why was the proposal by Virginia delegate George Mason for a bill of rights turned down with little debate in the waning days of the Philadelphia Constitutional Convention in September 1787?

A)The delegates were simply too hot and tired and wanted to go home.
B)The delegates believed a bill of rights would discourage a strong and healthy central government.
C)The delegates thought a bill of rights unnecessary for a government with such limited powers.
D)The delegates came from the wealthy elite social class and were on the whole against individual rights.
E)The delegates thought the proposed bill of rights imposed too many limits on the federal government.

Question 20

The constitutional prohibition against the government depriving a citizen of life, liberty, or property without due process of law is an example of a

A)juridical limitation.
B)tortfeasor limitation.
C)procedural restraint.
D)substantive restraint.
E)prior restraint.

Question 21

What constitutional concept did the 1833 case Barron v.Baltimore confirm?

A)free speech
B)dual citizenship
C)the right of privacy
D)the right to an attorney
E)the expansion of the Second Amendment to the states

Question 22

Which constitutional amendment sought to nationalize citizenship and the Bill of Rights?

A)the Fourth Amendment
B)the Eleventh Amendment
C)the Fourteenth Amendment
D)the Eighteenth Amendment
E)the Twenty-Fifth Amendment

Question 23

The piecemeal application of the Bill of Rights to the states is known as

A)singular appropriation.
B)selective incorporation.
C)sequential appropriation.
D)intermittent incorporation.
E)gradual adaptation.

Question 24

Strict scrutiny refers to

A)the most stringent standard of judicial review of a government's actions.
B)the careful application of the Bill of Rights to the states.
C)the criteria used to determine whether commercial speech is protected.
D)careful attention to legal procedures.
E)the ability of courts to exclude evidence when it is obtained through an illegal search.

Question 25

The Supreme Court established that government aid to religious schools would be accepted as constitutional if it had a secular purpose; its effect was neither to advance nor inhibit religion, and it did not entangle government and religious institutions in each other's affairs.This became known as the __________ test.

A)Apple
B)Lemon
C)O'Brien
D)Miranda
E)religious

Question 26

In an important 1873 decision known as The Slaughter House Cases, the Supreme Court rejected the notion that

A)Congress could regulate food safety at local processing facilities.
B)animals had rights that limited how they were raised and killed.
C)the national government could take private property without just compensation.
D)Congress could regulate commercial food distribution under the interstate commerce clause.
E)the Fourteenth Amendment fully incorporated the Bill of Rights to apply to the states.

Question 27

The establishment clause of the First Amendment has historically established a wall of separation between

A)church and state.
B)politics and religion.
C)freedom of the press and national security.
D)freedom of assembly and national security.
E)race and voter registration eligibility.

Question 28

Which of the following standards is NOT part of the Lemon test?

A)The action must have a secular purpose.
B)The action's primary effect is not to advance religion.
C)The action's effect is not to inhibit religion.
D)The action does not entangle government and religious institutions in one another's affairs.
E)The action does not involve invoking the name of deity.

Question 29

The clause in the Bill of Rights that protects a citizen's right to believe and practice whatever religion he or she chooses is known as the __________ clause.

A)establishment
B)free exercise
C)conscience
D)free-spirited
E)elastic

Question 30

The Supreme Court's deliberation on whether or not Frank Palko could be tried twice for the same crime in the case Palko v.Connecticut exemplifies questions about constitutional protection against

A)double jeopardy.
B)self-incrimination.
C)cruel and unusual punishment.
D)unreasonable search and seizure.
E)quartering of troops in private homes.

Question 31

The 1833 case of Barron v.Baltimore revolved around the city of Baltimore's deprivation of

A)life.
B)privacy.
C)free speech.
D)religious freedom.
E)property.

Question 32

The German government's church tax that requires citizens to give a portion of their income (through taxation) to churches is an example of a practice that would be unconstitutional under the

A)establishment clause.
B)free exercise clause.
C)Third Amendment.
D)Fourteenth Amendment.
E)Fifth Amendment.

Question 33

What was the ultimate result of the Palko v.Connecticut case when it was reviewed by the U.S.Supreme Court?

A)Palko was executed.
B)Palko was freed from prison.
C)Palko was deported.
D)Palko was levied a fine he could not pay, so he remained in prison.
E)Palko was transferred to a prison in neighboring Massachusetts.

Question 34

Which provision of the Bill of Rights was the first to be selectively nationalized, or applied to the states, by the U.S.Supreme Court?

A)the First Amendment's prohibition against an "establishment of religion"
B)the Second Amendment's assurance that "the right of the people to keep and bear arms, shall not be infringed"
C)the Fourth Amendment's requirement that authorities not search a person or property without a warrant
D)the Fifth Amendment's guarantee that private property shall not be taken for public use without just compensation
E)the Eighth Amendment's ban on "cruel and unusual punishments"

Question 35

Which two clauses in the First Amendment deal with freedom of religion?

A)the establishment clause and the prohibition clause
B)the freedom of consciences clause and the establishment clause
C)the freedom of consciences clause and the prohibition clause
D)the free exercise clause and the establishment clause
E)the religious test clause and the wall of separation clause

Question 36

Thomas Jefferson's formulation of the wall of separation between church and state is most closely associated with the which First Amendment clause?

A)free exercise
B)reckless endangerment
C)equal protection
D)freedom of assembly
E)establishment

Question 37

When President George W.Bush established the Office of Faith-Based and Community Initiatives in 2001 to allow religious organizations to compete for federal grants to provide federally funded social services, he was likely relying on which interpretation of the establishment clause of the First Amendment, establishing the separation of church and state?

A)The government is prohibited from establishing an official church- or a state-sponsored religion.
B)The government may not take sides among competing religions but is not prohibited from supporting religious institutions.
C)There is a wall of separation between church and state that cannot be breached by government.
D)Each citizen has the right to believe and practice whatever religion he or she chooses.
E)The government can violate the separation of church and state when it serves a compelling state interest.

Question 38

The incorporation of the Bill of Rights into the Fourteenth Amendment took place by

A)action of state governments gradually over time.
B)a single legislative action of Congress that was signed by the president.
C)action of the U.S.Supreme Court gradually over time.
D)a single major decision of the U.S.Supreme Court.
E)executive order of the president.

Question 39

The Supreme Court case McDonald v.Chicago (2010) declared unconstitutional state laws that infringed on the individual right to bear arms.This application of the Second Amendment to state laws is an example of

A)clear and present danger.
B)prior restraint.
C)strict scrutiny.
D)due process.
E)incorporation.

Question 40

In the cases of Barron v.Baltimore (1833), The Slaughter House Cases (1873), and Palko v.Connecticut (1937), the Supreme Court basically

A)supported nationalization of the Bill of Rights.
B)rejected application of the Fifth Amendment to the states.
C)ended discrimination against minorities by private citizens.
D)confirmed application of the Fourteenth Amendment to the states.
E)incorporated the Fourth Amendment into the Bill of Rights.

Question 41

Which form of speech is the most consistently protected?

A)artistic
B)political
C)religious
D)commercial
E)individual

Question 42

A written statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious and defamatory is known as

A)obscenity.
B)libel.
C)slander.
D)fighting words.
E)offensive reprisal.

Question 43

Speech that directly incites damaging conduct is known as

A)fighting words.
B)reckless communication.
C)indefensible declamation.
D)conflict-initiating communication.
E)semantic provocation.

Question 44

What is the higher standard of judicial scrutiny afforded to cases involving democratic political processes called?

A)the preponderance of the evidence
B)critical threshold
C)intense benchmarking
D)preferred position
E)heightened scrutiny

Question 45

Speech accompanied by activities such as picketing, distributing leaflets, or other forms of peaceful demonstration are referred to as

A)speech plus.
B)assembly plus.
C)speech and slander.
D)speech and assembly.
E)speech and signage.

Question 46

The Supreme Court has provided First Amendment protection to which of the following outlets of (legal) pornography?

A)broadcast networks
B)cable networks
C)library computers
D)child pornographers
E)public radio

Question 47

The criterion formerly used to determine whether speech endangers national security is known as the __________ test.

A)"I know it when I see it"
B)clear and present danger
C)Lemon
D)actual malice
E)O'Brien

Question 48

Even though symbolic speech is entitled to a measure of constitutional protection, the Supreme Court upheld a federal statute making it a crime to burn draft cards (a form of symbolic speech) because

A)a majority of citizens found draft-card burning to be offensive.
B)individuals who burned their draft cards became less likely to be called to war, which others found to be unfair.
C)the government had a compelling interest in preserving its ability to conduct the draft.
D)the government has the power to restrict the burning of any symbol of governmental authority.
E)draft-card burners were disproportionately white and wealthy.

Question 49

The court case that first expanded political speech protected by the First Amendment to include campaign spending by candidates or on behalf of them was

A)McConnell v.Federal Election Commission.
B)Griswold v.Connecticut.
C)Texas v.Johnson.
D)Buckley v.Valeo.
E)City of Boerne v.Flores.

Question 50

When the Supreme Court ruled that the government could not block the publication of secret Defense Department documents in the New York Times, it did so because of the doctrine preventing

A)prior restraint.
B)libel.
C)slander.
D)fighting words.
E)intrusive searches.

Question 51

What is the difference between libel and slander?

A)Libel is spoken, and slander is written.
B)Libel is written, and slander is spoken.
C)Libel is illegal; slander is not.
D)Slander is illegal; libel is not.
E)There is no difference between libel and slander.

Question 52

Why are there so few convictions of those who sharply criticize politicians and other public figures for libel?

A)Public figures are rarely the subject of libel.
B)The public figure must prove that the defendant deliberately spread false and malicious information.
C)Newspaper outlets retain high-profile attorneys who are so skilled that the public figures never really have a chance.
D)Determining what transpired in the spoken word is incredibly difficult without audio recordings.
E)Verifying who a voice belongs to in an audio recording is difficult.

Question 53

In a recent gubernatorial campaign, a television ad targeting the Democratic candidate claimed the candidate was "a soft-on-crime liberal who wants to reduce funding for the police and stop enforcing drug laws." Which type of speech most closely resembles this advertisement?

A)political speech
B)commercial speech
C)hate speech
D)fighting words
E)libel

Question 54

A state legislator opposed to the development plans of a private contractor in his district decides to write an editorial in the local newspaper claiming the private contractor is a racist and guilty of sexually harassing his employees.There is no evidence in support of these claims, but the contractor begins to lose business due to the controversial nature of the allegations.Which type of speech most closely resembles this editorial?

A)political speech
B)commercial speech
C)hate speech
D)slander
E)libel

Question 55

Why is commercial speech not entitled to full First Amendment protection?

A)Regulating commercial speech protects gullible consumers from rampant overspending.
B)Commercial entities have a history of making reliable advertising claims, and the Supreme Court wanted that to continue.
C)Commercial speech is not political speech, so it can be regulated more heavily.
D)Commercial speech always targets minors, who need greater protection.
E)It is difficult to determine who actually speaks for a commercial entity.

Question 56

Which type of speech has never been determined by the Supreme Court to be protected speech under the First Amendment?

A)fighting words
B)obscenity and pornography
C)hate speech
D)student speech
E)commercial speech

Question 57

A statute restricting expressive or symbolic speech must be narrowly tailored and justified by

A)a compelling government interest.
B)the principle of majority rule.
C)the clear and present danger standard.
D)the reasonable person standard.
E)the "I know it when I see it" test.

Question 58

Why has the Supreme Court allowed restrictions on high school students' freedom of speech?

A)As with the establishment and free exercise clauses, the First Amendment does not apply to citizens under 18.
B)The citizenship clause of the Twenty-Sixth Amendment requires citizens under 18 to exhibit proper citizenship.
C)Public and private schools typically require parents to authorize violations of students' civil rights.
D)Public schools are governed by local school boards, and the Supreme Court has not incorporated the Bill of Rights to apply to these local government organizations.
E)Schools have an educational mandate to teach socially acceptable behavior.

Question 59

The Supreme Court's ruling in West Virginia State Board of Education v.Barnette about children belonging to a family of Jehovah's Witnesses

A)endorsed the free exercise of religion except when it is offensive to the beliefs of the majority.
B)endorsed the free exercise of religion even when it is offensive to the beliefs of the majority.
C)held that the free exercise of religion was limited to religions that existed at the time of the American founding.
D)held that the free exercise of religion was absolute and thus activities otherwise deemed illegal were acceptable if done in the context of religious practice.
E)held that the free exercise of religion could be limited to protect children from harmful activities.

Question 60

Which Supreme Court case ruled that corporate funding of independent election ads could not be limited under the First Amendment?

A)Citizens United v.Federal Election Commission
B)Davis v.Federal Election Commission
C)Federal Election Commission v.Wisconsin Right to Life
D)McConnell v.Federal Election Commission
E)Buckley v.Valeo

Question 61

What is the purpose of a grand jury?

A)to have a set of citizens determine whether the accused is guilty or innocent
B)to have a set of citizens determine whether sufficient evidence is available to justify a trial
C)to review the decision of the trial court judge in capital or otherwise infamous cases
D)to determine whether a potential candidate will be allowed to run for office
E)to determine the sentence a convicted criminal should receive

Question 62

The power of public agencies to seize private property is called

A)estate seizure.
B)common wealth.
C)privileged position.
D)sovereign acquisition.
E)eminent domain.

Question 63

The Fifth Amendment to the U.S.Constitution says, among other things, that no person shall be

A)deprived of the right to bear arms.
B)twice put in jeopardy of life or limb.
C)subject to cruel and unusual punishment.
D)subject to unreasonable searches and seizures.
E)subject to a religious test for office.

Question 64

When the District of Columbia seized some private property and then sold it to promote economic development, it

A)violated the due process clause of the Constitution.
B)violated the Fifth Amendment to the Constitution.
C)exercised the power of habeas corpus.
D)exercised the power of eminent domain.
E)exercised a writ of mandamus.

Question 65

As forbidden by the U.S.Constitution, trying the same citizen more than once for the same crime is referred to as

A)dual jeopardy.
B)double booking.
C)dual adjudication.
D)double adjudication.
E)double jeopardy.

Question 66

The case of Mapp v.Ohio established the

A)exclusionary rule.
B)right to counsel in a criminal trial.
C)right to privacy.
D)principle that separate is fundamentally unequal.
E)right to remain silent.

Question 67

Which convention states that persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation?

A)the Gideon Rule
B)the Miranda Rule
C)the Escobar Edict
D)the Mapp Standard
E)the Palko Standard

Question 68

Constitutional objections to the death penalty often invoke the

A)Fifteenth Amendment's protections to prevent racial bias in criminal sentencing.
B)Eighth Amendment's protections from cruel and unusual punishment.
C)constitutional guarantee that the writ of habeas corpus shall not be suspended.
D)Fifth Amendment's protections from self-incrimination.
E)Fourteenth Amendment's equal protections.

Question 69

The famous case of Gideon v.Wainwright established the right of citizens to

A)counsel in a civil trial.
B)counsel in a criminal trial.
C)privacy in their personal associations.
D)be informed of their constitutional rights.
E)remain silent after being arrested.

Question 70

Among other things, the provision that no person shall "be compelled in any criminal case to be a witness against himself" is contained in the __________ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Seventh
E)Eighth

Question 71

The 2008 Supreme Court decision in District of Columbia v.Heller was significant because it

A)reinforced the notion that the right to bear arms is only for militias, not for individuals.
B)upheld the right of children under 18 to own firearms.
C)allowed a city to prohibit the sale or barter of ammunition.
D)established an individual right to bear arms that the federal government could not interfere with.
E)allowed courts to strike down handgun laws but not laws regulating other types of firearms.

Question 72

Which civil liberty is NOT explicitly granted in the Bill of Rights?

A)protection against seizure of private property for public use without compensation
B)protection against unreasonable searches and seizures
C)protection against cruel and unusual punishment
D)the right to privacy
E)the right to counsel

Question 73

In 1995, a popular chewing gum manufacturer decided to market a new line of gum in the state of New York, claiming use of its product would whiten one's teeth.However, scientific studies found the opposite to be true, and eventually the government forced the company to remove the claim from the product's packaging.Why was the chewing gum manufacturer's speech not protected under the First Amendment?

A)An advertising claim does not have full protection under the First Amendment because it is not political speech.
B)The Supreme Court ruled that the false advertising constituted an uncompensated "taking" under the Fifth Amendment.
C)Only individuals possess First Amendment rights; businesses do not.
D)It was a state issue, and the speech was not protected under the First Amendment of the U.S.Constitution.
E)Though advertising used to be considered protected under the First Amendment, a 1994 Supreme Court case removed this protection.

Question 74

How has the Supreme Court ruled on local ordinances banning hate speech (such as cross-burning) and hate crimes-that is, violent actions motivated by racial hostility?

A)approved laws against both hate speech and hate crimes
B)struck down extra punishments for hate crimes but approved laws against hate speech
C)struck down laws against hate speech but approved extra punishments for hate crimes
D)struck down both extra punishments for hate crimes and laws against hate speech
E)allowed such ordinances only in communities with a history of racial or ethnic strife

Question 75

"The right of the people to keep and bear Arms shall not be infringed" is language drawn from the __________ Amendment.

A)First
B)Second
C)Fourth
D)Seventh
E)Tenth

Question 76

After the landmark 1973 decision Roe v.Wade, the Supreme Court subsequently decided that states could impose restrictions on abortion as long as

A)state legislative actions do not interfere with Medicaid coverage of abortion procedures.
B)all abortion procedures are performed by doctors who have admitting privileges at a nearby hospital.
C)the equal time standard applies to state efforts to educate women seeking abortions.
D)the restrictions do not impose an undue burden on women seeking abortions.
E)access to early-term abortions are still fairly restricted by states.

Question 77

According to modern interpretation of the principle of eminent domain, the U.S.Constitution

A)prohibits most public agencies from taking property from its citizens.
B)permits most public agencies to take property from private citizens without compensation.
C)requires public agencies to justly compensate for property taken from private citizens.
D)allows state and local governments-but not the national government-to seize property for public purposes (with compensation).
E)allows the national government-but not state and local governments-to seize property for public purposes (with compensation).

Question 78

The case of Miranda v.Arizona established the right of criminal suspects to

A)counsel in a civil trial.
B)an unbiased judge.
C)privacy in their personal associations.
D)be informed of their constitutional rights.
E)privacy.

Question 79

The requirement that the judicial system must proceed according to law and with adequate protection for individual rights is known as

A)due process of law.
B)the fairness clause.
C)the inclusionary rule.
D)the equal protection clause.
E)the habeas corpus rule.

Question 80

When evidence obtained from an illegal search of Dollree Mapp's house was thrown out by the U.S.Supreme Court as inadmissible evidence, it exemplified the

A)illegal searches and seizures rule.
B)equal protection clause.
C)"constable has blundered" policy.
D)criminal rights standard.
E)exclusionary rule.