Deck 4: Civil Liberties

Question 1

The Fourth Amendment to the U.S.Constitution protects against which of the following?

A)Unreasonable search and seizure
B)Cruel and unusual punishment
C)Double jeopardy
D)Self-incrimination
E)None of the above

Answer 1

A

Question 2

When the Bill of Rights was initially added to the Constitution,it applied to which of the following levels of government?

A)National government only
B)State governments only
C)State and local governments only
D)All levels of government
E)Local government only

Answer 2

A

Question 3

Which of the following is best supported by the graph on page 81 on public opinion regarding civil liberties and terrorism?

A)Terrorism destroys civil liberties.
B)Most Americans do not support civil liberties.
C)As a crisis recedes into the past,support for civil liberties rebounds.
D)Immediately after a crisis,attacks on civil liberties decrease.
E)A crisis has little short-term influence on civil liberties.

Answer 3

C

Question 4

A constitutional right that is so important that government cannot restrict unless it can demonstrate a compelling or overriding public interest is called

A)a constitutional right.
B)an international right.
C)a fundamental right.
D)a states' right.
E)case law.

Question 5

Which of the following is

A)Hates crimes legislation makes it illegal for an individual to express hatred or intolerance toward someone on account of race,religion,national origin,gender,or sexual orientation.
B)Hate crimes laws increase penalties for persons convicted of criminal offenses motivated by prejudice based on race,religion,national origin,gender,or sexual orientation.
C)The Supreme Court has ruled that hate crimes laws are unconstitutional because they abridge freedom of expression.
D)Hate crimes occur only in large cities.
E)Constitutionally,hate crimes legislation can be enacted only at the state level.

Question 6

The Supreme Court has never held that the right to drive an automobile is a fundamental right.May government restrict an individual's right to drive a car?

A)No.The Constitution protects the right to own and use property.
B)Yes,if government can show that a restriction fulfills a legitimate public purpose.
C)Yes,but only if government can demonstrate a compelling public interest to restrict an individual's right to drive a car.
D)State governments can restrict the right to drive an automobile,but the national government cannot.
E)No.The Twenty-sixth Amendment specifically addresses the right to drive a car.

Question 7

The California Supreme Court has ruled that the state constitution requires the state to provide free abortion services for women receiving Medicaid benefits.What is the legal status of the California state court's ruling?

A)It is unconstitutional because the U.S.Supreme Court has never held that government must provide free abortion services to Medicaid recipients.
B)It is unconstitutional because states may not provide their residents broader rights than those provided by the U.S.Constitution.
C)It is unconstitutional because the Bill of Rights does not mention abortion.
D)It is constitutional because states may grant their residents broader rights than guaranteed by the national Constitution.
E)It is unconstitutional because the Bill of Rights was never approved by the states.

Question 8

"Congress shall make no law respecting an establishment of religion,or prohibiting the free exercise thereof." This famous phrase comes from which of the following?

A)Declaration of Independence
B)First Amendment
C)Fourteenth Amendment
D)Eighteenth Amendment
E)Preamble

Question 9

After stopping someone for a routine traffic violation,police officers search the trunk of the car and discover illegal drugs.The defendant's lawyer claims that the police search was illegal and the evidence cannot be used based on

A)the Privileges and Immunities Clause.
B)the Bad Tendency Doctrine.
C)the Exclusionary Rule.
D)prior restraint.
E)original intent.

Question 10

The ruling in Roe v.Wade was based on the right to

A)free speech.
B)expression.
C)vote.
D)choose.
E)privacy.

Question 11

The constitutional provision holding that government must follow certain legal procedures before depriving someone of life,liberty,or property is known as

A)the Due Process Clause.
B)the Equal Protection Clause.
C)the Privileges and Immunities Clause.
D)the Exclusionary Rule.
E)the Legal Exactness Rule.

Question 12

Which of the following statements is

A)The Supreme Court has applied all the provisions of the Bill of Rights against the states.
B)Selective incorporation is based on the Due Process Clause of the Fourteenth Amendment.
C)The Supreme Court has interpreted the Equal Protection Clause of the Fourteenth Amendment to include some rights beyond those specifically mentioned in the Bill of Rights.
D)Amendments are selectively enforced by the Supreme Court.
E)The Bill of Rights is at odds with selective incorporation.

Question 13

Roe v.Wade dealt with which of the following issues?

A)Prior restraint
B)Exclusionary rule
C)Abortion
D)Right to a fair trial
E)Reserved powers

Question 14

The cases of Everson v.Board of Ewing Township and Engel v.Vitale dealt with which of the following issues?

A)Establishment of religion
B)Free speech and national security
C)Rights of the criminally accused
D)Freedom of the press and obscenity
E)Free exercise of religion

Question 15

Why is the Miranda warning sometimes called the "poor person's Fifth Amendment"?

A)The Fifth Amendment does not apply to poor citizens.
B)Without the Miranda warning,poor citizens would not be protected by the Fifth Amendment.
C)It is assumed that the warning is less critical for those who are wealthier and better educated.
D)Without the warning,the Double Jeopardy Clause would not apply.
E)Prior to the Miranda warning,there was no legal protection now provided by the warning.

Question 16

According to the Supreme Court,which of the following forms of expression is protected by the Constitution?

A)Libel
B)Slander
C)Obscenity
D)Burning the flag of the United States
E)Pornography

Question 17

The Supreme Court has held that which of the following is entitled to First Amendment protection as freedom of expression?

A)Speech by registered protestors
B)Symbolic expression,such as burning the flag
C)Written threats against public officials
D)Internet pornography
E)Printed pornography

Question 18

Which of the following statements is NOT

A)The original Constitution did not include a bill of rights.
B)The Bill of Rights initially applied only to the national government and not the states.
C)The Bill of Rights guarantees individual rights and liberties.
D)The Bill of Rights is the first ten amendments to the Constitution.
E)Most provisions of the Bill of Rights are still not binding upon the states.

Question 19

A city council passes an ordinance local law)prohibiting employment discrimination against gay men and lesbians.Would this ordinance be constitutional?

A)Yes,because states and localities may grant their residents greater rights protection than provided in the national constitution.
B)No,because the Constitution says nothing about gay and lesbian rights.
C)No,because the Supreme Court has not interpreted the Constitution to grant protection against employment discrimination to gay men and lesbians.
D)No,because the Supreme Court would interpret this ordinance to be discriminatory against employers.
E)No,because the Supreme Court is not permitted to rule on this area of law.

Question 20

The Supreme Court has ruled that freedom of expression is a fundamental right.May the government restrict freedom of expression?

A)No.The Constitution prohibits all government infringements of freedom of speech.
B)Yes,if the government can show that a restriction fulfills a legitimate public purpose.
C)Yes,but only if the government can demonstrate a compelling public interest in restricting freedom of expression.
D)State government can restrict freedom of speech,but the national government cannot.
E)Yes,but only if the government applies the restrictions evenly throughout society.

Question 21

Parental choice allows some parents to avoid paying local school taxes.

Question 22

The Supreme Court recently ruled that hate crimes legislation is unconstitutional because it punishes people for their political views.

Question 23

Probable cause is the reasonable suspicion,based on evidence,that a search will uncover contraband.

Question 24

Which of the following,arguably,has the most influence in times of war?

A)Civil libertarians
B)The executive
C)Individual citizens
D)Defenders of the Bill of Rights
E)First-generation Americans

Question 25

The case of Gregg v.Georgia dealt with which of the following issues?

A)Freedom of expression
B)The exclusionary rule
C)Double jeopardy
D)Capital punishment
E)Flag burning

Question 26

If a state legislature passed a law that restricted freedom of religion,it could be held in violation of both the Fourteenth and First Amendments because the Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment applies the provisions of the First Amendment to the states.

Question 27

The Supreme Court has long held that any government assistance to church-related schools is unconstitutional.

Question 28

Give an example of a right that the Supreme Court considers a fundamental right.Under what circumstances may the government restrict fundamental rights?

Question 29

Other than the first ten amendments,which amendment to the U.S.Constitution has played the greatest role in the development of civil liberties policy in America? Explain the basis of your answer.

Question 30

What is the exclusionary rule? How has the Supreme Court interpreted and applied the rule in recent years?

Question 31

All of the rights guaranteed under U.S.law are considered fundamental.

Question 32

In Gideon v.Wainwright,the Supreme Court ruled that states must provide attorneys for individuals charged with crimes who are financially unable to afford a lawyer.The Court based its ruling on the Sixth and Fourteenth Amendments.Suppose a state decided to provide attorneys to indigent defendants only for cases when the punishment could exceed a year in prison.Otherwise,poor defendants must defend themselves.Would the state's policy be constitutionally permissible?

A)Yes,because states may grant their citizens fewer rights than those incorporated through the Fourteenth Amendment against the states.
B)Yes,because the Constitution permits states considerable leeway to interpret the rulings of the Supreme Court.
C)No,because the state's policy would violate the Sixth and Fourteenth Amendments as interpreted by the Supreme Court in the case of Gideon v.Wainwright.
D)No,because the state's policy would contradict the Supreme Court's decision in Marbury v.Madison.
E)No,because the state's policy would contradict the Supreme Court's decision in Barron v.Baltimore.

Question 33

The Supreme Court upheld a state restriction on the free exercise of religion in its ruling Employment Division v.Smith.

Question 34

Which of the following interest groups is the most active participant in the civil liberties policymaking process?

A)AFL-CIO
B)Sierra Club
C)American Association of Retired Persons
D)ACLU
E)AARP

Question 35

The Ku Klux Klan is planning to hold a political demonstration in a city park.Fearing a violent reaction against the Klan,the city council passes an ordinance preventing the Klan from using the park for demonstrations.Would you anticipate that the ordinance would be upheld by a federal court? Why or why not?

Question 36

Explain what is meant by the "selective incorporation of the Bill of Rights."

Question 37

According to the Supreme Court,some rights are more important than others.

Question 38

The Supreme Court has upheld laws against flag burning because flag burning presents a clear and present danger to national security.

Question 39

Selective incorporation refers to the gradual application of the entire Bill of Rights to some of the states.

Question 40

According to the map on page 77,which of the following has the fewest inmates on death row?

A)Vermont
B)Utah
C)Colorado
D)Kentucky
E)California

Question 41

What patterns become evident after studying the map on page 81? Can you explain those changing public opinion patterns?

Question 42

What has been the role of the Supreme Court in defining rights and liberties in the U.S.?

Question 43

The exclusionary rule is an issue of considerable controversy.Write an essay on the exclusionary rule in which you consider the following questions: What is the exclusionary rule? What is its rationale? What arguments are there against it? How have recent Supreme Courts dealt with the rule?

Question 44

What is the Miranda warning? How has the Supreme Court interpreted and applied Miranda in recent years?

Question 45

Give examples of two interest groups that are frequently involved in civil liberties controversies,and give specific examples of issues on which they might participate.

Question 46

Is the death penalty unconstitutional? What Supreme Court decision would you cite to support your answer?

Question 47

Compare the graph showing the response to 9/11 on page 81 and the history of Japanese internment during World War II.Do both show the same pattern? Explain.

Question 48

The Supreme Court has,in recent years,weakened the Miranda warnings requirement.How has it been weakened? Why? Is this good or bad?

Question 49

If you read the entire Constitution and its amendments you will not find the word "privacy." Yet the Supreme Court has ruled that Americans have a constitutional right to privacy.From where does this right come? What case law can you cite where the Court has discussed this right to privacy? Do you agree with the Court on this issue?

Question 50

Consider the rights of the accused contained in amendments four,five,six,and eight)and discuss the rights revolution that took place in the 1960s.Those accused of crimes now are afforded many more rights than before,and the states are now also required to abide by these rights.Is this expansion good,bad,or are the accused neither better or worse off as a result?

Question 51

The Bill of Rights is the foundation of civil liberties policymaking in America.Write an essay tracing the history of the Bill of Rights.Your essay should deal with the following questions: a)What is the Bill of Rights? b)To which level of government did the Bill of Rights initially apply? c)What is selective incorporation? d)On what constitutional provision is selective incorporation based? e)What is the constitutional status of the Bill of Rights today?