Question 1

The basis of freedom of religion is found in which two principles in the Bill of Rights?

Accepted Answer

The establishment clause and the free exercise clause both address religious freedom in the Bill of Rights. The establishment clause prohibits the government from establishing a national religion or showing preference for one religion over others. The free exercise clause protects individuals' rights to practice their religion without government interference.

Question 2

What does the incorporation doctrine do?

Accepted Answer

The incorporation doctrine is the view that the provisions of the Bill of Rights are extended to individuals for protection against action by states. This means that state and local governments must also adhere to these rights and protections, not just the federal government.

Question 3

The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution?

Accepted Answer

The free exercise clause is found in the First Amendment to the Constitution, which also protects freedom of speech, press, assembly, and petition.

Question 4

The view that most liberties and rights guaranteed in the Bill of Rights are protected from state government actions through the due process clause is known as what?

Accepted Answer

Incorporation theory, also known as selective incorporation, is the view that most constitutional protections in the Bill of Rights apply to the states through the due process clause of the 14th Amendment. This theory has evolved through Supreme Court decisions over time.

Question 5

What did the ruling in the 1833 Supreme Court case of Barron v. Baltimore hold?

Accepted Answer

The ruling in Barron v. Baltimore held that the Bill of Rights did not apply to state laws. This case established the principle of dual citizenship, where individuals have both state and national citizenship, but different levels of rights and protections under each.

Question 6

As originally written, the Bill of Rights limited the activities of which level(s) of government?

Accepted Answer

The Bill of Rights was originally designed to limit the power of the national government, specifically to protect individual liberties from federal encroachment. It was later applied to the states through the 14th Amendment.

Question 7

Originally, the Bill of Rights limited only the power of which of the following?

Accepted Answer

The Bill of Rights was added to the United States Constitution to limit the power of the national government, not state or regional governments. It sets specific limitations on the actions of the federal government in order to protect individual rights and limit governmental authority.

Question 8

When adopted, the Bill of Rights imposed limits on which of the following?

Accepted Answer

The Bill of Rights, when first adopted, imposed limits specifically on the national government, not on state governments or individuals. It was designed to prevent the federal government from infringing on certain fundamental rights and freedoms.

Question 9

The ratification of which of the following amendments prompted the Supreme Court to begin applying the Bill of Rights to the states?

Accepted Answer

The Fourteenth Amendment, ratified in 1868, includes the Equal Protection Clause and Due Process Clause, which the Supreme Court has used to apply provisions of the Bill of Rights to the states, through what is known as the incorporation doctrine.

Question 10

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of which Fourteenth Amendment clause?

Accepted Answer

The Due Process Clause of the Fourteenth Amendment has been interpreted by the Supreme Court to incorporate most of the protections of the Bill of Rights, making them applicable to the states. This process is known as incorporation.

Question 11

What did the Supreme Court find in Lemon v. Kurtzman?

Accepted Answer

The Supreme Court found in Lemon v. Kurtzman that the government must avoid excessive entanglement with religion, which is now known as the Lemon test. The test consists of three parts: the government's action must have a secular purpose, must not have the primary effect of advancing or inhibiting religion, and must not result in excessive entanglement of government with religion.

Question 12

Over time, the Supreme Court has used which of the following provisions of the Constitution to apply the specifics of the Bill of Rights to the states?

Accepted Answer

The Supreme Court has used the Fourteenth Amendment's due process clause to apply the specifics of the Bill of Rights to the states through the process of selective incorporation. This means that the Court has selectively incorporated certain provisions of the Bill of Rights and applied them to the states through the due process clause of the Fourteenth Amendment.

Question 13

Which of the following amendments has been construed to extend a constitutional limit on national power to state governments?

Accepted Answer

The Fourteenth Amendment has been construed to extend a constitutional limit on national power to state governments through the Due Process Clause and the Equal Protection Clause. These clauses prohibit states from depriving any person of life, liberty, or property without due process of law and from denying any person within its jurisdiction the equal protection of the laws. This means that state governments are also required to uphold certain rights and protections outlined in the U.S. Constitution.

Question 14

Which of the following is true of the Bill of Rights when it was ratified in 1791?

Accepted Answer

The Bill of Rights was made up of ten amendments when it was ratified in 1791.

Question 15

Beginning in 1897, the Supreme Court slowly began to use the protection of "life, liberty, or property" in what clause of the Fourteenth Amendment to incorporate some of the provisions of the Bill of Rights as binding on the states?

Accepted Answer

The clause in question is the due process clause of the Fourteenth Amendment, which states that no state shall "deprive any person of life, liberty, or property, without due process of law." The Supreme Court began to use this clause to apply certain provisions of the Bill of Rights to state governments, a process known as incorporation.

Question 16

What did the Bill of Rights do as originally presented in the Constitution?

Accepted Answer

The Bill of Rights, as originally presented in the Constitution, was designed to limit the powers of the national government, not those of the states. This was intended to ensure that the federal government could not infringe on the rights and freedoms of individuals. The application of the Bill of Rights to the states came later through the process of incorporation via the Fourteenth Amendment.

Question 17

The Supreme Court applied the provisions of the Bill of Rights to the states through which of the following processes?

Accepted Answer

The process used to apply the provisions of the Bill of Rights to the states is known as incorporation. This means that the protections granted by the Bill of Rights, originally intended only for the federal government, are now also applicable to state governments through the process of selective incorporation, in which the Supreme Court has applied the provisions of the Bill of Rights to the states on a case-by-case basis.

Question 18

Which 1868 amendment's passage allowed the potential for the application of the Bill of Rights to the states which adds several restrictions on what the states can do?

Accepted Answer

The passage of the Fourteenth Amendment in 1868 allowed for the potential application of the Bill of Rights to the states through the doctrine of incorporation, which adds several restrictions on what the states can do.

Question 19

Which clause of the Constitution is the basis for the separation of church and state?

Accepted Answer

The Establishment Clause of the Constitution states that "Congress shall make no law respecting an establishment of religion." This clause has been interpreted by the Supreme Court as the basis for the separation of church and state in the United States.

Question 20

What are the first ten amendments to the Constitution collectively known as?

Accepted Answer

The first ten amendments to the Constitution are collectively known as the Bill of Rights.

Quiz 4: Civil Liberties