Question 1

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

Accepted Answer

The Fourth Amendment specifically protects against unreasonable search and seizure, ensuring that individuals have a right to privacy and protection from unwarranted intrusions by the government. The other options listed are protected under other amendments in the Constitution (B - Eighth Amendment, C - Fifth Amendment, D - Fifth Amendment).

Question 2

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

Accepted Answer

The Bill of Rights was initially added to the Constitution to protect individual liberties from infringement by the federal government. Therefore, it only applied to the national government initially. Later, through a process known as incorporation, many of the provisions of the Bill of Rights were applied to the states as well, but this did not happen immediately upon ratification.

Question 3

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

Accepted Answer

The graph shows that support for civil liberties dropped significantly after the September 11 attacks, but then gradually increased as the crisis receded into the past. This supports choice C, which states that "as a crisis recedes into the past, support for civil liberties rebounds."

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

Accepted Answer

A fundamental right is a constitutional right that is so important that government cannot restrict unless it can demonstrate a compelling or overriding public interest. This type of right is considered essential to the concept of ordered liberty and the pursuit of happiness. Examples of fundamental rights in the US include freedom of speech, religion, and the press, as well as the right to due process of law and equal protection under the law.

Question 5

Which of the following is

Accepted Answer

Hate crimes legislation increases penalties for crimes that are motivated by prejudice based on certain identities, such as race, religion, nationality, gender, or sexual orientation. This serves as a deterrent and expresses society's condemnation of these types of crimes. It does not make it illegal to express hatred or intolerance. The Supreme Court has not ruled hate crimes laws unconstitutional, and they can be enacted at both the state and federal level. Hate crimes can occur in any location, not just large cities.

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?

Accepted Answer

The Supreme Court has not recognized the right to drive as a fundamental right, and therefore, the government may impose certain restrictions on it as long as they fulfill a legitimate public purpose. However, these restrictions must not be arbitrary or discriminatory, and they must not violate any constitutional or legal protections.

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?

Accepted Answer

The California state court's ruling is constitutional because states have the power to grant their residents broader rights than those guaranteed by the national Constitution. The U.S. Supreme Court has not ruled on whether the government must provide free abortion services to Medicaid recipients, therefore, this ruling does not conflict with any precedent set by the U.S. Supreme Court. The Bill of Rights is also not relevant to this ruling as it pertains to limitations on government power, not the grant of affirmative rights.

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?

Accepted Answer

This phrase is one of the most well-known parts of the First Amendment to the US Constitution, which guarantees certain rights including freedom of religion. The other options (Declaration of Independence, Fourteenth Amendment, Eighteenth Amendment, and Preamble) do not contain this specific language related to religion.

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

Accepted Answer

The Exclusionary Rule states that any evidence obtained in violation of the Fourth Amendment's prohibition against unreasonable searches and seizures is inadmissible in court. Therefore, if the defense can prove that the police search was illegal (i.e. without a warrant or probable cause), the evidence of the illegal drugs found in the trunk would be excluded from the trial.

Question 10

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

Accepted Answer

The ruling in Roe v. Wade established that a woman has a right to privacy under the 14th Amendment of the US Constitution, which includes the right to make her own reproductive choices, including the decision to have an abortion. Therefore, the correct choice is 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

Accepted Answer

The Due Process Clause of the Fifth and Fourteenth Amendments holds that government must follow certain legal procedures before depriving someone of life, liberty, or property. This clause is a fundamental protection of individual rights and limits the power of the government to act arbitrarily or unfairly.

Question 12

Which of the following statements is

Accepted Answer

Selective incorporation is based on the Due Process Clause of the Fourteenth Amendment, which has been used to apply some of the provisions of the Bill of Rights against the states. However, not all provisions of the Bill of Rights have been incorporated.

Question 13

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

Accepted Answer

Roe v. Wade established a woman's legal right to obtain an abortion in the United States.

Question 14

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

Accepted Answer

Both cases dealt with the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or unduly favoring one religion over another.

Question 15

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

Accepted Answer

The Miranda warning is sometimes called the "poor person's Fifth Amendment" because it is assumed that wealthier and better-educated citizens are more aware of their rights and are less likely to unwittingly incriminate themselves, making the warning less critical for them. The Fifth Amendment's protections against self-incrimination apply to all citizens, regardless of socioeconomic status.

Question 16

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

Accepted Answer

Burning the flag of the United States is considered a form of symbolic speech and is protected by the First Amendment. The other options, including libel, slander, obscenity, and pornography, may be subject to certain restrictions or limitations under the law.

Question 17

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

Accepted Answer

The Supreme Court has ruled that symbolic expression, such as burning the flag, is protected under the First Amendment as a form of free speech.

Question 18

Which of the following statements is NOT

Accepted Answer

This statement is false. Since the ratification of the 14th Amendment in 1868, most provisions of the Bill of Rights have been applied to the states through the doctrine of incorporation.

Question 19

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

Accepted Answer

The ordinance would be constitutional because states and localities can provide their residents with greater protections than what is provided by the national constitution. The ordinance does not conflict with any federal law and does not violate any constitutional provision.

Question 20

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

Accepted Answer

The government may restrict freedom of expression if it can demonstrate a compelling public interest, such as national security or public safety, and the restriction is narrowly tailored to achieve that interest.

Quiz 4: Civil Liberties