Deck 4: Civil Liberties and Civil Rights

Question 1

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

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

Answer 1

B

Question 2

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

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

Answer 2

B

Question 3

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

Answer 3

C

Question 4

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 5

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

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

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

Which of the following civil liberties is NOT included in Article I,Section 9 of the Constitution?

A)prohibition of ex post facto laws
B)prohibition of bills of attainder
C)prohibition of government "taking" private property "without just compensation"
D)guarantee of habeas corpus

Question 8

In EEOC v.Abercrombie & Fitch Stores,Inc.(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 9

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 10

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 11

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.

Question 12

Which of the following is true about the Bill of Rights?

A)It is the first 10 amendments to the U.S.Constitution.
B)It includes all the civil liberties and civil rights found in the U.S.Constitution.
C)It is the first national Constitution of the United States.
D)It is the First Amendment to the U.S.Constitution.

Question 13

Which of the following statements best describes the impact of the Fourteenth Amendment?

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

Question 14

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 15

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 16

Which of the following civil liberties is included in Article III of the Constitution?

A)guarantee of trial by jury in state where crime was committed
B)protection against "double jeopardy"
C)protection against self-incrimination
D)guarantee of habeas corpus

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

What was the main reason why Alexander Hamilton opposed a bill of rights?

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

Question 19

Which of the following best describes the Supreme Court's first ruling on the nationalization of
The Bill of Rights in the 1833 case Barron v.Baltimore?

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.

Question 20

________ 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 21

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 22

What were the Alien and Sedition Acts?

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

Question 23

Which of the following is the best example of the concept "speech plus"?

A)writing a letter to the editor of a newspaper
B)distributing leaflets while chanting slogans at a protest demonstration
C)reading a poem out loud in the middle of a public park
D)posting a comment to a social media website

Question 24

The Supreme Court case Burwell v.Hobby Lobby Stores addressed

A)the Affordable Care Act's requirement that employers provide their female employees with free contraceptive coverage; the plaintiff claimed it violated their religious expression as protected by the Religious Freedom Restoration Act.
B)the Affordable Care Act's requirement that individuals show proof of health insurance coverage or face a tax penalty from the federal government.
C)the issue of whether a religious group at the University of Virginia could be denied student activities funds merely because it espouses a particular viewpoint about a deity.
D)the question of whether a company can refuse to hire a Muslim woman who might wear a head scarf in violation of the company's dress code.

Question 25

Why did the Supreme Court rule that the Communications Decency Act was unconstitutional?

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

Question 26

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 27

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 28

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

A)Dennis v.United States (1951).
B)R.A.V.v.City of St.Paul (1992).
C)Morse v.Frederick (2007).
D)Buckley v.Valeo (1976).

Question 29

Which Supreme Court case was related to the publication of the so-called Pentagon Papers?

A)New York Times v.United States
B)New York Times v.Sullivan
C)Near v.Minnesota
D)Branzburg v.Hayes

Question 30

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 31

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 32

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 33

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 34

Which of the following statements about high school students in public schools is most accurate?

A)The Supreme Court has ruled that high school students have more freedom of speech rights than adults and their speech can never be regulated in any way.
B)The Supreme Court has ruled that high school students have exactly the same free speech rights as adults.
C)The Supreme Court has ruled that high school students have conditionally protected speech that can be constitutionally regulated under certain circumstances.
D)The Supreme Court has ruled that high school students have no free speech rights at all and their speech can be regulated in any way government sees fit.

Question 35

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 36

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 37

Why was the Supreme Court case New York Times v.Sullivan (1964)significant?

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

Question 38

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 39

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 40

The Supreme Court case 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 41

The Supreme Court held that there is no substantial public interest in permitting lewd,obscene,profane,libelous,or insulting utterances in

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

Question 42

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 his or her movements without a warrant.

Question 43

What is a grand jury?

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

Question 44

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 45

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 46

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 47

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 48

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 49

Which government agency is placed in charge of prohibiting false and misleading advertising?

A)the Federal Bureau of Investigation
B)the Federal Trade Commission
C)the Federal Communications Commission
D)the Department of Justice

Question 50

The Supreme Court ruled that the Second Amendment provides a constitutional right to keep a
Loaded handgun at home for self-defense in

A)Miller v.California
B)District of Columbia v.Heller
C)United States v.Williams
D)Reno v.American Civil Liberties Union

Question 51

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 52

Which of the following statements about whether journalists can be compelled to reveal their
Sources of information is NOT accurate?

A)Journalists frequently assert that if they cannot ensure their sources' confidentiality,the flow of information will be reduced and press freedom effectively curtailed.
B)The federal government enacted at "shield law" in 1992 that allows reporters to withhold information about their sources on matters of national security.
C)Nearly all states have "shield laws," which,to varying degrees,protect journalistic sources.
D)The Supreme Court has held that the press has no constitutional right to withhold information in court.

Question 53

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 54

In which 1939 case did the Supreme Court declare that the government may not prohibit speech-related activities such as demonstrations or leafleting in public areas traditionally used
For that purpose?

A)Hague v.Committee for Industrial Organization
B)Bigelow v.Virginia
C)City Council v.Taxpayers for Vincent
D)Hazelwood School District v.Kuhlmeier

Question 55

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 56

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 57

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 his or her movements without a warrant.

Question 58

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 59

The main difference between libel and slander is that

A)libel refers to statements that are true,while slander refers to statements made with a "reckless disregard of the truth."
B)libel refers to statements made with a "reckless disregard of the truth," while slander refers to statements that are true.
C)libel refers to written statements,while slander refers to oral statements.
D)libel refers to statements that attack the reputation of public figures,while slander refers to statements that attack the reputation of private individuals.

Question 60

________ prevent(s)people from being tried twice for the same crime.

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

Question 61

The Civil Rights Act of 1875 attempted to

A)protect former slaves from discrimination in public accommodations such as
Hotels and theaters.
B)protect African Americans against disenfranchisement in the voting booth.
C)expand the protections of the Fourteenth Amendment to recent Asian immigrants.
D)protect women against disenfranchisement in the voting booth.

Question 62

Which of the following statements about Supreme Court decisions related to executions under
The Eighth Amendment is NOT accurate?

A)The Supreme Court has ruled that death is too harsh a penalty for the crime of rape
Of a child.
B)The Supreme Court has prohibited the execution of a defendant with an IQ under 70.
C)The Supreme Court has outlawed the use lethal injection as a mode of execution.
D)The Supreme Court has invalidated a death sentence for a black defendant after the prosecutor improperly excluded African Americans from the jury.

Question 63

Which of the following statements about the death penalty is most accurate?

A)Almost every Western nation still executes criminals.
B)America,Canada,France,and Norway are the only Western nations that still execute criminals.
C)America is the only Western nation that still executes criminals.
D)America and Canada are the only Western nations that still execute criminals.

Question 64

The majority decision in Griswold v.Connecticut argued that a constitutional right to privacy
Can be found in the "zone of privacy" created by

A)the civil liberties listed in Article I,Section 9 of the Constitution.
B)the Thirteenth,Fourteenth and Fifteenth amendments.
C)the Second,Eighth and Twelfth amendments.
D)the Third,Fourth,and Fifth amendments.

Question 65

Gideon v.Wainwright (1963)established the right

A)to legal counsel in felony cases.
B)against self-incrimination.
C)against suspicionless searches and seizures.
D)to an open trial before a judge.

Question 66

Which of the following statements about grand juries is MOST accurate?

A)The Fifth Amendment provision for a grand jury has never been incorporated into the Fourteenth Amendment to apply to state criminal prosecutions.
B)The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1802.
C)The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1902.
D)The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1962.

Question 67

The Supreme Court articulated a right to privacy in a case involving

A)a law criminalizing abortion.
B)access to birth control.
C)the right to die.
D)sodomy laws.

Question 68

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 69

Between 1976 and 2017,state governments executed ________ people.

A)0
B)14
C)144
D)1,448

Question 70

During the late nineteenth century,the equal protection clause was

A)severely limited in scope by the Supreme Court.
B)ruled unconstitutional.
C)more strongly defended by individual states than by the federal government.
D)not implemented because of a lack of tax revenue.

Question 71

"Due process of law" is generally defined by the ________ amendments.

A)First,Second,Third,and Fourth
B)First,Second,Ninth,and Tenth
C)Second,Third,Fourth,and Fifth
D)Fourth,Fifth,Sixth,and Eighth

Question 72

Griswold v.Connecticut (1965)and Roe v.Wade (1973)have been extremely important in
The development of

A)a constitutional right to privacy.
B)American due process.
C)a test that can be used to determine what is protected speech.
D)the rights of individuals accused of crimes.

Question 73

In the years following Roe v.Wade,the Supreme Court has ruled that states

A)cannot impose any restrictions on abortion.
B)can prohibit abortions entirely but the federal government cannot.
C)can impose any restriction on abortion they see fit as long as they provide public
Funding for birth control.
D)can impose restrictions on abortion as long as they do not pose an "undue burden"
On women.

Question 74

________ states have statutes providing for capital punishment,while ________ states have
Statutes banning the death penalty.

A)Zero; 50
B)Nineteen; 31
C)Twenty-five; 25
D)Thirty-one; 19

Question 75

In Lawrence v.Texas (2003),the Supreme Court ruled that

A)there is no constitutional right to physician-assisted suicide.
B)laws criminalizing sexual behavior are a violation of the right to privacy.
C)states may compel a 48-hour waiting period before permitting a woman to have an abortion.
D)mandatory locker searches in public schools do not violate the Fourth Amendment.

Question 76

The due process clause of the Fifth Amendment is best described as a

A)substantive civil liberty.
B)procedural civil liberty.
C)civil right.
D)delegated power.

Question 77

A constitutional right to privacy was established in

A)Mapp v.Ohio (1961).
B)Gideon v.Wainwright (1963).
C)Griswold v.Connecticut (1965).
D)Roe v.Wade (1973).

Question 78

In Roe v.Wade,the Supreme Court

A)prohibited states from making abortion a criminal act at any point in a woman's pregnancy.
B)prohibited states from making abortion a criminal act prior to the point at which the fetus becomes viable.
C)prohibited states from covering the costs of an abortion through government-subsidized health insurance programs.
D)prohibited states from instituting the death penalty for doctors who provide abortions.

Question 79

Miranda v.Arizona (1966)was important because it produced rules that must be used

A)to judge whether printed materials are pornographic.
B)to determine if some element of the Bill of Rights should be applied to the states.
C)to determine whether a warrant should be issued for a police search.
D)by the police before questioning an arrested criminal suspect.

Question 80

What was the Supreme Court's response to the Civil Rights Act of 1875?

A)The Court upheld the act constitutional.
B)The Court declared the act unconstitutional because it protected against acts of private discrimination rather than state discrimination.
C)The Court declared the act unconstitutional because Congress had violated the principles of federalism.
D)The Court declared the act unconstitutional because Congress had violated the separation of powers.