Deck 4: Civil Liberties and Public Policy

Question 1

“Governments, both state and federal, quite properly spend vast sums of money to establish machinery to try defendants accused of crime…. That government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”
--Justice Hugo Black, Gideon v. Wainwright, 1963

-Which of the following did the Supreme Court asserted in Gideon v.Wainwright?

A)felons are entitled to appeal their convictions
B)police must have a warrant to search someone's home -Consider This: The Supreme Court has ruled on the need for a search warrant in several Fourth Amendment cases,but Gideon focuses on Sixth Amendment rights.
C)all wealthy defendants are entitled to a state-sponsored attorney
D)proper defense is essential to a fair trial

Answer 1

proper defense is essential to a fair trial

Question 2

Questions 9 and 10 refer to the following image.
Prisoners held at the U.S.naval base at Guantánamo Bay,Cuba. Credit: Deborah Gembara/Reuters
Many Americans opposed imprisoning terror suspects at Guantanamo Bay because it violated rights held in which of the following amendments?

A)Fourth
B)Fifth -Consider This: The Fifth Amendment includes defendant's rights,but not necessarily tied to the controversy over Guantanamo Bay.
C)Sixth
D)Ninth

Answer 2

C

Question 3

“The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom…. As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred…. Their deviation consisted only in wearing on their sleeve a band of black cloth…. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.”
--Justice Abe Fortas, Tinker v. Des Moines Independent Community School Dist., 1969

-Which of the following actions would be protected under the same reasoning applied in Tinker v.Des Moines?

A)burning a draft card -Consider This: Burning a draft card,which is government property,is illegal.
B)burning an American flag in protest
C)obscenity
D)politically minded artwork

Answer 3

burning an American flag in protest

Question 4

Which U.S.Supreme Court case found that a woman's right to have an abortion is protected by the implied constitutional right to privacy?

A)US v.Morrison
B)Lawrence v.Texas -Consider This: Lawrence v.Texas protected the rights of individuals in same sex relationships but did not touch on the right to an abortion.
C)New York Times v.Sullivan
D)Roe v.Wade

Question 5

“There can be no doubt that New York's state prayer program officially establishes the religious beliefs embodied in the Regents' prayer. The respondents' argument to the contrary, which is largely based upon the contention that the Regents' prayer is "nondenominational" and the fact that the program, as modified and approved by state courts, does not require all pupils to recite the prayer, but permits those who wish to do so to remain silent or be excused from the room, ignores the essential nature of the program's constitutional defects. Neither the fact that the prayer may be denominationally neutral nor the fact that its observance on the part of the students is voluntary can serve to free it from the limitations of the Establishment Clause…”
--Justice Hugo Black, Engel v. Vitale, 1962

-On which of the following constitutional principles did the Supreme Court base its decision in Engel v.Vitale?

A)the free exercise clause -Consider This: Free exercise allows people to practice their chosen religion,but this case focused on a state institution sanctioning religion.
B)freedom of assembly
C)symbolic speech
D)the establishment clause

Question 6

Questions 14 and 15 refer to the following chart.
The abortion debate
In few areas of public opinion research do scholars find more divided opinion than abortion. Source: Gallup Poll,May 4-8,2016
Based on the graph,how do the majority of people polled feel about abortion?

A)They believe it should be legal under any circumstances.
B)They believe it is not an important issue to consider.
C)They believe it should be illegal regardless of the circumstances.-Consider This: Although the pro-life movement is vocal,only 19% of those surveyed believe abortion should be illegal no matter what.
D)They believe it should be legal under certain circumstances.

Question 7

Questions 7 and 8 refer to the following graph.
The decline of executions Sources: Death Penalty Information Center; Texas Execution Information Center.
Based on the graph,which of the following is true about the death penalty?

A)The number of executions in Texas is often nearly equal to the rest of the country.
B)More people in Texas oppose the death penalty than in other places.
C)Texas is slower to execute prisoners than other states.-Consider This: Texas doesn't sentence more people to the death penalty,but the timeline from sentencing to execution is often faster.
D)More capital crimes are committed in Texas than other places.

Question 8

“The Constitution says that Congress (and the States) may not abridge the right to free speech. This provision means what it says. We properly read it to permit reasonable regulation of speech-connected activities in carefully restricted circumstances. But we do not confine the permissible exercise of First Amendment rights to a telephone booth or the four corners of a pamphlet, or to supervised and ordained discussion in a school classroom…. As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred…. Their deviation consisted only in wearing on their sleeve a band of black cloth…. They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.”
--Justice Abe Fortas, Tinker v. Des Moines Independent Community School Dist., 1969

-Which type of expression did the Supreme Court protect in Tinker v.Des Moines?

A)commercial speech
B)intellectual speech
C)protest speech -Consider This: This act of symbolic speech was a protest,as many others are,but protest speech is not officially a form of expression.
D)symbolic speech

Question 9

“Governments, both state and federal, quite properly spend vast sums of money to establish machinery to try defendants accused of crime…. That government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”
--Justice Hugo Black, Gideon v. Wainwright, 1963

-The ruling in which of the following landmark cases reinforces the Court's decision in Gideon v.Wainwright?

A)Hamdi v.Rumsfeld
B)Griswold v.Connecticut
C)Miranda v.Arizona
D)Texas v.Johnson -Consider This: This case is about protected political speech rather than the rights of the accused.

Question 10

The incorporation doctrine makes the protections of the Bill of Rights applicable to the states through which of the following amendments?

A)Fourth
B)Fifth
C)Tenth -Consider This: The Tenth Amendment grants power to the states and to the people but contains no provision that the states must accept or incorporate the Bill of Rights.
D)Fourteenth

Question 11

Questions 7 and 8 refer to the following graph.
The decline of executions Sources: Death Penalty Information Center; Texas Execution Information Center.
Opponents of the death penalty have argued that it violates which amendment to the Constitution?

A)Third
B)Eighth
C)Tenth -Consider This: Specifically,opponents argue that it violates the cruel and unusual prohibitions of this Amendment not that the states lack the authority to carry out death sentences.
D)Fifteenth

Question 12

Questions 14 and 15 refer to the following chart.
The abortion debate
In few areas of public opinion research do scholars find more divided opinion than abortion. Source: Gallup Poll,May 4-8,2016
According to Roe v.Wade,what could a state do if it wanted to limit a woman's right to an abortion during her first trimester?

A)The state could do very little to limit a woman's right to an abortion.
B)The state could regulate it if the mother's life were in danger.
C)The state could ban the abortion unless the mother's life was in danger.
D)The state could ban it.-Consider This: The Court gave no definitive answer as to when the states could ban abortion,rather it set expectations of access based on the trimester of the pregnancy with the first having the least leeway for regulation and the third having the most.

Question 13

Which rule bars the use of illegally seized evidence at trial?

A)double jeopardy -Consider This: Double jeopardy protects an individual from being tried twice for the same crime rather than excluding wrongfully obtained evidence.
B)right to pay
C)prior restraint
D)exclusionary

Question 14

“We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy."…
"Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity."… The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint."… The District Court…in the New York Times case, and… the District Court…in the Washington Post case held that the Government had not met that burden. We agree.”
--Per Curiam Opinion, New York Times v. United States, 1971

-Which of the cases was decided on the same grounds as New York Times v.United States?

A)Schenk v.United States.
B)New York Times v.Sullivan -Consider This: Although both of these cases involved the New York Times,this case is about libel rather than prior restraint.
C)Near v.Minnesota
D)Miller v.California

Question 15

When a defendant in a criminal case agrees to plead guilty in exchange for concessions from the prosecutor,how has the case has been resolved?

A)a civil trial -Consider This: While individuals a come to a pre-trial agreement in a civil trial,this example refers to a specific bargain made prior to resolution in a criminal case.
B)peremptory challenges
C)plea bargaining
D)the exclusionary rule

Question 16

“There can be no doubt that New York's state prayer program officially establishes the religious beliefs embodied in the Regents' prayer. The respondents' argument to the contrary, which is largely based upon the contention that the Regents' prayer is "nondenominational" and the fact that the program, as modified and approved by state courts, does not require all pupils to recite the prayer, but permits those who wish to do so to remain silent or be excused from the room, ignores the essential nature of the program's constitutional defects. Neither the fact that the prayer may be denominationally neutral nor the fact that its observance on the part of the students is voluntary can serve to free it from the limitations of the Establishment Clause…”
--Justice Hugo Black, Engel v. Vitale, 1962

-Which test examines the constitutionality of laws like the one challenged in Engel v.Vitale?

A)Orange
B)Lemon
C)Free Exercise -Consider This: The free exercise clause protects individual rights to practice a religion or non-religion of their choosing,it fails to provide a test to determine when individual rights are infringed upon.
D)Prior Restraint

Question 17

“We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy."…
"Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity."… The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint."… The District Court…in the New York Times case, and… the District Court…in the Washington Post case held that the Government had not met that burden. We agree.”
--Per Curiam Opinion, New York Times v. United States, 1971

-What principle did the Supreme Court affirm in New York Times Co.v.U.S.(1971)?

A)prior restraint
B)the equal time rule -Consider This: The equal time rule requires that broadcast stations must sell equal air time to candidates if they sell to any candidates at all.
C)the right to privacy
D)shield laws

Question 18

Which clause prevents the national government from sanctioning an official religion?

A)establishment
B)due process
C)full faith and credit
D)equal protection -Consider This: While equal protection might protect individuals in regards to their religion,it does not prevent the government from establishing an official religion

Question 19

In Roth v.United States,the U.S.Supreme Court held that material must be utterly without social importance in order to be considered __________.

A)illegal
B)obscene
C)hate speech -Consider This: While hate speech might be considered obscene in some cases,the court has upheld that unless it incites violence it is difficult to ban or infringe upon.
D)fighting words

Question 20

Questions 9 and 10 refer to the following image.
Prisoners held at the U.S.naval base at Guantánamo Bay,Cuba. Credit: Deborah Gembara/Reuters
The Military Commissions Act of 2006 was ruled unconstitutional because it violated detainees' rights to __________.

A)an appeal
B)habeas corpus
C)bills of attainder -Consider This: It was ruled unconstitutional because individuals were not being told why they were being detained,this is also known as this.
D)motions for summary judgment

Question 21

The Supreme Court addressed the constitutionality of a Connecticut law that prohibited the use of contraception by relying on the implied right to __________.

A)sexual freedom -Consider This: While the Court has moved away from regulating sexual activity,it relies on this right,rather creating a right to sexual freedom.
B)family
C)commerce
D)privacy

Question 22

The Fourth Amendment protects citizens from which of the following?

A)double jeopardy -Consider This: The Fourth Amendment regulates the collection of evidence not elements of the jury trial or criminal law process.
B)unreasonable search and seizure
C)self-incrimination
D)trials without a jury

Question 23

The free exercise clause states that the national government will not interfere with which of the following?

A)education -Consider This: While historically,the national government had avoided interference with education,such a provision was not included in the Constitution.
B)business
C)speech
D)religion

Question 24

Which amendment protects the right to bear arms in a well-regulated militia?

A)Second
B)Third -Consider This: The Third Amendment disallows the quartering of soldiers in an individual's home but does not involve the right to bear arms.
C)Fourth
D)Fifth

Question 25

Which of the following is a false and malicious written statement?

A)slander
B)hate speech
C)defamation -Consider This: Defamation is part of the concept of a malicious and false statement but is not defined as being exclusively spoken aloud.
D)libel; slander

Question 26

In 2008,in Boumediene v.Bush,the Supreme Court ruled that detainees have a right to which of the following?

A)a bill of attainder
B)the assistance of counsel -Consider This: While the Bush administration had taken extraordinary measures related to detainees,it has always allowed for a general access to a lawyer in some capacity.
C)equal protection
D)habeas corpus

Question 27

The USA Patriot Act enhances the government's ability to do which of the following?

A)examine private records
B)take personal property -Consider This: While the Patriot Act increased the government's ability to obtain and investigate private materials,it contained no provisions increasing the government's ability to seize personal property.
C)imprison citizens without trial
D)issue pardons for those accused of war crimes

Question 28

Which Supreme Court case developed the exclusionary rule?

A)Parker v.Gideon
B)New York Times v.Sullivan -Consider This: New York Times v.Sullivan involved a speech issue rather than an issue relating to the collection of evidence.
C)Mapp v.Ohio
D)Wolf v.Colorado

Question 29

Since the Supreme Court upheld the constitutionality of the death penalty in Gregg v.Georgia,how many people have been executed in the United States?

A)40
B)1,400
C)4,000 -Consider This: As of November 2016,the United States has executed approximately 47 individuals a year since Gregg v.Georgia was upheld.
D)400,000

Question 30

The doctrine of prior restraint says that the government cannot prevent speech or publication __________.

A)that is critical of the government
B)that is illegal
C)after the fact -Consider This: Prior restraint by definition cannot occur after the fact.
D)before the fact

Question 31

The Supreme Court has ruled that states can limit abortions if the regulations do not pose which of the following?

A)an inconvenient truth
B)any additional constraints -Consider This: Justice O'Connor established this standard for evaluating restraints on access to abortions in Casey v.Planned Parenthood of Pennsylvania.
C)a prior restraint
D)an undue burden

Question 32

What did the Supreme Court find to be unconstitutional under the Abington School District v.Schempp ruling?

A)state-mandated Bible recitations
B)forced sterilization
C)segregated education -Consider This: in the Schempp case,students were forced to read Bible verses collectively; the case did not involve the issue of segregation.
D)imprisonment without a trial

Question 33

Miranda rights require that the police inform suspects of which of the following rights?

A)a phone call -Consider This: While individuals almost always have the ability to make at least a single phone call,Miranda rights extend arrest protections.
B)quick and speedy trial
C)a jury trial
D)speak to an attorney

Question 34

In Zelman v.Simmons-Harris,the Supreme Court ruled that a state program providing families with vouchers could be used to __________.

A)pay tuition at religious schools
B)get birth control -Consider This: Zelman established the right for the government to subsidize religion in public service,not in private act or purpose.
C)attend the doctor
D)receive free or reduced price meals

Question 35

Which of the following did the Supreme Court hold that the Bill of Rights limits in Barron v.Baltimore?

A)federal activity
B)state activity -Consider This: Barron held that the City of Baltimore was not liable for the destruction of private property.
C)commercial activity
D)noncommercial activity

Question 36

New York Times v.Sullivan held that there must be proof of which of the following in order to find libel against a public figure?

A)property loss
B)actual malice
C)witnesses
D)a written record -Consider This: By definition,a written record is necessary,however,what is specifically needed is the intent to cause harm.

Question 37

Which Supreme Court case upheld an individual's right to have a gun in his or her home for self-defense?
D)C.v.Heller

A)Griswold v.Connecticut -Consider This: While Griswold established the right of privacy,the Court did not utilize privacy to uphold the right to secure a firearm in your own home.
B)Gideon v.Wainwright
C)Miranda v.Arizona
D)

Question 38

How has the Supreme Court's use of incorporation affected state authority?

A)Incorporation protects state authority.
B)Incorporation limits state authority.
C)Incorporation expands state authority.
D)Incorporation enforces state authority.-Consider This: When the Court elects to incorporate,it restricts powers conflicting with the Constitution rather than enforcing or creating any new powers.

Question 39

Which of the following best describes the concept of entrapment,which is interpreted as being constitutionally prohibited under the Fifth Amendment?

A)When an individual is not read their due process rights.
B)When an individual is coerced into making statements during interrogations.-Consider This: A person coerced into making statements during interrogation that is considered to be a false confession,not entrapment.
C)When an individual is coerced to commit crimes.
D)When an individual is not notified of their right to remain silent.

Question 40

If a police officer has a reasonable belief that someone is engaged in criminal activity,that officer can stop and frisk the suspect __________.

A)only if that person gives consent -Consider This: The controversy over stop and frisk is largely not whether it is permissible under some circumstances,the controversy stems over the lack of judicial oversight.
B)only if the officer plans to arrest that person
C)without getting a warrant
D)only if there are three witnesses

Question 41

Which of the following rights has the Supreme Court found to be one of the penumbras of unstated liberties linked to explicitly stated rights?

A)right to marry
B)right to travel
C)right to vote -Consider This: The Court has interpreted the right to vote as being primarily guaranteed by the Fourteenth Amendment,since it is explicit in that sense,there's no need to utilize penumbras.
D)right to privacy

Question 42

The controversial 2008 amendments to the Foreign Intelligence Surveillance Act allow government officials to use broad warrants for surveillance of which of the following?

A)text messages on employer-paid devices -Consider This: The impact of these amendments were publicly disclosed by Edward Snowden's revelations of American surveillance outside the United States.
B)locations of automobiles
C)the communications of foreign suspects
D)the hard drives of personal computers and laptops

Question 43

Which of the following best represents the reasoning used by the Supreme Court in Church of the Lukumi Babalu Aye,Inc.v.City of Hialeah,in which the Court overturned a city ordinance prohibiting the ritual killing of animals as part of religious ceremonies?

A)Any law banning a religious practice must be passed at the state level,not at the local level.-Consider This: The issue was not whether the city could prevent the killing of animals but rather the targeting of this particular religion.
B)People must be free to practice their religion,no matter what it involves.
C)A government that permits other forms of killing animals may not ban sacrifices.
D)The establishment clause prevents the city from having such an ordinance.

Question 44

Which of the following statements best expresses the outcome of conflicts between civil liberties in the United States?

A)When individuals or groups attempt to express themselves and the government tries to constrain them,the individuals or groups will usually win.
B)Individuals and groups must be prepared to make sacrifices so that government can protect civil liberties.-Consider This: While this might be true during wartime or times of duress,generally,individuals stand a fair chance of defeating prohibitions on individual liberties.
C)Because civil liberties are essential to democracy,the majority's wishes must take the front seat in any debate involving civil liberties.
D)Individuals or groups are free to express themselves in any way they wish; the government cannot constrain or otherwise restrict them.

Question 45

Which of the following would most likely be considered obscene under the Roth test?

A)explicit pornography
B)black and white nude scene photographs
C)lifelike nude statutes -Consider This: A lifelike nude statute would typically be considered art,and therefore,would fall far outside of the content evaluated by the Roth Test.
D)profane language

Question 46

During World War I,the Supreme Court upheld the conviction of Charles T.Schenck,ruling that government can limit speech that __________.

A)is critical of the government -Consider This: Schenck established that during times of War,the government can regulate speech that it considers dangerous because of the extenuating circumstances.
B)is a prior restraint
C)creates a clear and present danger
D)qualifies as hate speech