Deck 15: Order and Civil Liberties

Question 1

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

A) Thirteenth
B) Fourteenth
C) Fifteenth
D) Nineteenth
E) Twenty-first

Answer 1

B

Question 2

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

A) Limited only the power of the national government, not that of the states
B) Protected citizens from all forms of government
C) Protected citizens from the national and state governments, but not from local governments
D) Limited only the power of state governments
E) Contained no language on religion

Answer 2

A

Question 3

Cruel and unusual punishment is prohibited by which of the following?

A) Separation of powers
B) Judicial review
C) Fifth Amendment
D) Eighth Amendment
E) First Amendment

Answer 3

D

Question 4

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

A) State government
B) Regional government
C) Executive branch
D) Supreme Court
E) National government

Question 5

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?

A) Assimilation doctrine
B) Incorporation theory
C) State restrictions exclusion
D) Supremacy clause
E) Establishment clause

Question 6

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

A) Free exercise
B) Supremacy
C) Establishment
D) Due process
E) Necessary and proper

Question 7

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

A) National government
B) State government
C) All levels of government
D) All levels of government except national
E) Individuals

Question 8

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

A) The establishment clause and the general welfare clause
B) The general welfare clause and the supremacy clause
C) The supremacy clause and the free exercise clause
D) The establishment clause and the free exercise clause
E) The free exercise clause and the general welfare clause

Question 9

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?

A) Fourteenth Amendment's due process clause
B) Fifth Amendment's double jeopardy clause
C) Tenth Amendment
D) Palko v. Connecticut precedent
E) Gideon's rule

Question 10

Which legal concept would yelling "Fire" in a crowded theater violate?

A) Bad tendency rule
B) Strict scrutiny test
C) Lemon test
D) Prior restraint
E) Clear and present danger test

Question 11

What does the incorporation doctrine do?

A) It provides for congressional oversight into multinational corporations.
B) It allows companies to incorporate through government application.
C) It provides for government oversight to corporations doing business with the government.
D) It is the view that the provisions of the Bill of Rights are extended to individuals for protection against action by states.
E) It holds the view that most of the protections of the Bill of Rights apply to foreign government activities through the Fourteenth Amendment.

Question 12

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

A) Articles of Confederation
B) Bill of Rights
C) Code of Rights
D) Magna Carta
E) Rules of law

Question 13

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

A) It was made up of fifteen amendments.
B) It was made up of ten amendments.
C) It did not include a provision protecting free speech.
D) It applied to the states but not to the national government.
E) It was intended to be temporary.

Question 14

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

A) Emancipation
B) Dispersion
C) Incorporation
D) Ratification
E) Enumeration

Question 15

During the 2016 San Bernardino terrorist attack investigation, why did Apple CEO Timothy Cook refuse to cooperate and override the iPhone's security features at the FBI's request?

A) He reasoned that such a hack could open up all iPhones to potential security vulnerabilities.
B) He believed that the FBI was overstepping its constitutional authority.
C) He reasoned that the FBI should be able to continue its investigation without Apple's direct help.
D) He believed that there was no longer an imminent threat to people so that the FBI request was unreasonable.
E) He did not believe that the case was important enough to get involved in.

Question 16

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

A) Both national and state
B) Neither national nor state
C) National government, but not state
D) State government but not national
E) National, state, and local government

Question 17

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

A) First Amendment
B) Ninth Amendment
C) Fifth Amendment
D) Fourteenth Amendment
E) Tenth Amendment

Question 18

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

A) Government assistance to religious institutions must advance religious activities.
B) Government programs may advance one particular religion over another.
C) The government must avoid excessive entanglement with religion.
D) Government aid may be used to purchase prayer books and religious music.
E) Government funding may support religious (non-secular) activities.

Question 19

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?

A) Due process
B) Equal protection
C) Incorporation
D) Free exercise
E) Prior restraint

Question 20

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?

A) Eleventh
B) Twelfth
C) Thirteenth
D) Fourteenth
E) Fifteenth

Question 21

Inciting a crowd to violence is not protected speech because it can lead to which of the following?

A) Imminent lawless action
B) Prior restraint
C) Extra spending by police forces on crowd control
D) Obscenity
E) Evil

Question 22

What did Thomas Jefferson call the purpose of the establishment clause?

A) Public accommodation of religion
B) A wall of separation
C) A bridge of acceptance
D) Balance between freedom and restraint
E) Protection against religious tyranny

Question 23

Which part of the First Amendment prevents Congress from supporting one religion as the nation's official religion?

A) Establishment
B) Free exercise
C) Full faith and credit
D) Impartiality
E) Elastic

Question 24

Which of the following terms refers to either knowledge of a defamatory statement's falsity or a reckless disregard for the truth?

A) Libel
B) Actual malice
C) Slander
D) Symbolic speech
E) Prior restraint

Question 25

Where did the phrase "wall of separation between church and state" originate?

A) First Amendment
B) Bill of Rights
C) Declaration of Independence
D) Thomas Jefferson
E) Ben Franklin

Question 26

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

A) 1st
B) 2nd
C) 5th
D) 8th
E) 10th

Question 27

What is the constitutional protection that ensures unqualified religious freedom?

A) Freedom of association
B) Symbolic speech
C) Free exercise clause
D) Clear and present danger test
E) Elastic clause

Question 28

The case of New York Times v. United States was responsible for which of the following?

A) Affirming the no-prior-restraint doctrine in the Pentagon Papers case
B) Upholding the government's right to control what information the public could have about Vietnam
C) Punishing the New York Times for publishing secret documents
D) Affirming the free speech of students in public schools
E) Affirming the no-prior-restraint doctrine in the Pentagon Papers case while punishing the New York Times for publishing secret documents

Question 29

Which of the following clauses or doctrines prohibits the national government from supporting an official religion?

A) Establishment clause
B) Free exercise clause
C) Religious conviction
D) Incorporation clause
E) Separation doctrine

Question 30

Which of the following best exemplifies the free exercise clause of the U.S. Constitution?

A) The prosecution of criminals under religious legal jurisprudence
B) The establishment of a free public education system
C) Separation of church and state
D) Protection of hate speech
E) The application of civil liberties to the states

Question 31

The establishment clause of the First Amendment does which of the following?

A) Prohibits government from sponsoring or supporting religious activity
B) Establishes Protestantism as the official religion of the United States
C) Prevents the government from interfering with the exercise of religion
D) Forbids the establishment of restrictions on free speech
E) Keeps Congress from making other amendments official without a Supreme Court ruling

Question 32

Which constitutional clause prevents the government from interfering with religious practice?

A) Establishment
B) Equal protection
C) Nondiscrimination
D) Free exercise
E) Miranda

Question 33

What must be proved for a public figure to obtain a damage award under libel laws?

A) That he or she has access to the public medium to disprove the charge
B) That the person making the claim cannot prove it
C) That the statement in question contained a reckless disregard for the truth
D) That he or she suffered from the falsehood just as much as a private person
E) That the statement caused damage, regardless of its truth

Question 34

For states to pass a law that also happens to restrict religious practices, the law must have what type of aim or purpose?

A) Nonpartisan
B) Reasonable
C) Rational
D) Law enforcement
E) Secular

Question 35

What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?

A) Necessary and proper test
B) Lemon test
C) Clear and present danger test
D) Miller test
E) Equal protection test

Question 36

Which of the following terms is used for certain types of nonverbal activities, such as flag burning or students wearing black armbands to school that the Supreme Court has ruled were protected under the First Amendment?

A) Symbolic speech or expression
B) Direct speech
C) Fighting words
D) Hate speech
E) Public speech

Question 37

To what does prior restraint refer?

A) Closed sessions of hearings by Congress
B) Methods used by the government to get terrorists to talk
C) Prohibition of judges from legislating from the bench
D) Restraining an activity, such as expression, before that activity has actually occurred
E) Ability of police to detain people when riots appear imminent

Question 38

Which of the following tests did the Supreme Court create in 1971 to determine if a law violated the establishment clause?

A) Clear and present danger
B) Miller
C) Establishment
D) Religious liberty
E) Lemon

Question 39

The Lemon test includes determining whether a law does which of the following?

A) The government or individuals face harm.
B) The government has a compelling state interest.
C) Government involvement meets the standards of rational basis review.
D) Government involvement advances a particular religion.
E) The government has the ability to tax religious property.

Question 40

Which of the following best describes the importance of religion to Americans compared to people in Western Europe?

A) Much more important
B) A little more important
C) Equally important
D) Slightly less important
E) Much less important

Question 41

What did the Supreme Court rule in McDonald v. Chicago about an individual's right to bear arms?

A) It can be prohibited by state or local government.
B) It only is permitted if the individual is part of a state militia.
C) It cannot be prohibited by state or local government.
D) It only is permitted if the individual submits to a state background check.
E) It permits the individual to possess submachine guns and assault rifles.

Question 42

The Second Amendment of the Constitution contains which of the following rights?

A) Right to bear arms
B) Ban on cruel and unusual punishment
C) Right to be free from unreasonable searches and seizures
D) Protection against self-incrimination
E) No double jeopardy

Question 43

What does the constitutional doctrine of prior restraint prohibit?

A) The government from censoring obscene material
B) The government from trying to prevent publication of material by the press except under extraordinary circumstances
C) Free speech accompanied by marches, demonstrations, or assembly
D) A judge from withholding information about a court case from release to the public or press
E) Flag burning as a form of protest

Question 44

What is the requirement that persons under arrest be informed of their legal rights, including right to counsel known as?

A) Equal representation policy
B) Exclusionary rule
C) Sphere of privacy
D) Miranda rule
E) Mapp rule

Question 45

Tinker v. Des Moines School District established constitutional protection for which of the following?

A) Silent prayer in public school
B) Transgendered choice in public restroom facilities
C) Right to symbolic speech in schools
D) Representational speech
E) Censorship of high school newspapers

Question 46

The free expression clauses reflect which of the following?

A) The press and speech clauses of the First Amendment
B) The Emancipation Proclamation
C) Women's right to vote of the Nineteenth Amendment
D) The silence clause of the Fifth Amendment
E) The Civil Rights Act

Question 47

What did the USA PATRIOT Act do?

A) It gave government increased power over who is allowed to run for office.
B) It empowered the president to ban social media sites like Twitter, Facebook, and Instagram in an attempt to maintain public order.
C) It expanded the government's ability to tap phones and monitor Internet traffic.
D) It extended the requirement that one be a "native-born American" to run for president, to all federal elective offices.
E) It created a universal gun owner registration list.

Question 48

What does the Fourth Amendment prohibit?

A) Cruel and unusual punishment
B) Involuntary quartering of soldiers
C) Double jeopardy
D) Unreasonable searches and seizures
E) Speedy and public trials

Question 49

In its 2011 decision Snyder v. Phelps, the Supreme Court affirmed the right of the Westboro Baptist Church to do what?

A) Call for the violent overthrow of the Supreme Court
B) Picket Planned Parenthood clinics with images of guns
C) Distribute leaflets outside IRS offices telling taxpayers they were going to hell
D) Picket funerals to communicate their belief that God punishes the military for tolerating homosexuality
E) Legally remove a statue of the Ten Commandments from a public park if their own tablet reading "God Hates America" was not also accepted for display

Question 50

The case of Gideon v. Wainwright affirmed that the state must provide which of the following to criminal defendants?

A) Trial by a jury of peers
B) Legal counsel
C) Information about their constitutional rights
D) Opportunity to confront their accuser
E) A sentence without cruel and unusual punishment

Question 51

What does the exclusionary rule prohibit?

A) Arresting officers from serving as a character witness at a hearing or trial
B) Detention of a suspect for more than forty-eight hours without the suspect being charged
C) The admission of illegally seized evidence at trial
D) Juries knowing the possible punishments if the defendant is convicted
E) None of these actions are prohibited.

Question 52

What limitation does the exclusionary rule put in place?

A) A court can order or constrain an action by an individual.
B) Evidence obtained from an illegal search and seizure cannot be used in a trial.
C) Fighting words can be excluded from constitutional protection.
D) People who are biased against a defendant may be excluded from serving on a jury.
E) Evidence wrongly excluded at trial may not be used in appellate court later.

Question 53

What legal requirement is established in Gideon v. Wainwright?

A) A lawyer does not have to be provided in a state case, only in federal cases.
B) Search warrants are always needed to gather evidence.
C) Lawyers only need to be appointed in death penalty cases.
D) There can be no cruel and unusual punishment.
E) If one cannot afford an attorney, the government must provide one.

Question 54

What is the state required to ensure that criminals have according to Gideon v. Wainwright?

A) Free speech rights
B) Freedom of assembly
C) Privacy
D) Counsel
E) Right to bear arms

Question 55

Which of the following is an exception to the exclusionary rule supported by the Supreme Court?

A) Probable cause does not need to be established in civil matters.
B) Potential death penalty cases may disregard all standard evidence rules.
C) Good faith exceptions may be made for officers utilizing the incorrect search warrant form.
D) The homes of witnesses to a crime may be searched without a warrant.
E) Good intention exceptions may be made for veteran officers in felony matters.

Question 56

What is the notification that police must give a person being arrested that she or he has a right to remain silent and a right to legal counsel commonly known as?

A) Taking the fifth
B) First amendment protection
C) Miranda rights
D) Gideon's Trumpet
E) Griswald rights

Question 57

Government can impose reasonable restrictions on free speech by limiting what?

A) Provocative nature of the ideas contained in the speech
B) Overtly political content of speech
C) Content of religious ideas expressed
D) Spreading of anti-government messages
E) Means for communicating ideas

Question 58

What legal principle holds that evidence collected during a search found to be unconstitutional cannot be used in trial?

A) Exclusionary rule
B) Incorporation clause
C) Fifth Amendment
D) Full faith and credit clause
E) Seventh Amendment

Question 59

Which of the following was the ruling in Gideon v. Wainwright that led to significant expansion of the rights of accused persons?

A) An individual had to be warned that they had the constitutional right to remain silent.
B) Law enforcement officers needed to obtain a warrant before conducting a search of an individual's property, including automobiles.
C) People accused of a felony without the means to hire an attorney had to have court-appointed attorneys made available at government expense.
D) Individuals accused of a crime had the right to one phone call.
E) Only criminal defendants charged with murder had the right to legal counsel.

Question 60

What are the statements that police are required to make to a person before that person may be subjected to in-custody questioning known as?

A) Cross-examination
B) Exclusionary rules
C) Interrogations
D) Jailhouse rights
E) Miranda warnings

Question 61

What is a law that allows people to be tried for actions that were undertaken before they were made illegal called?

A) Bill of attainder
B) Ex post facto law
C) Selective incorporation
D) Prior restraint
E) Lemon test

Question 62

Which of the following was the basis for the Supreme Court's 1965 decision, in Griswold v. Connecticut, a case involving the legality of contraceptives?

A) The law violated the right to privacy.
B) Laws against contraceptives were legal as public health regulations.
C) Laws against abortion were illegal.
D) A right does not exist unless it is specifically mentioned in the Constitution.
E) State laws against contraceptives violated the interstate commerce clause.

Question 63

What did the Court rule in Roe v. Wade that states could do regarding abortion?

A) Place significant restrictions on a woman's right to seek an abortion without her partner's consent
B) Outlaw all abortions
C) Outlaw abortions in the second trimester of pregnancy
D) Place any restrictions on abortions
E) Cannot limit a woman's right to seek an abortion during the first trimester of pregnancy

Question 64

Discuss how the Supreme Court has used the Fourteenth Amendment to apply the Bill of Rights to the states.

Question 65

In which case did the Supreme Court void laws against married couples using birth control?

A) Brandenburg v. Ohio
B) Gideon v. Wainwright
C) Griswold v. Connecticut
D) Powell v. Alabama
E) Schenck v. United States

Question 66

What did the Supreme Court rule in Planned Parenthood v. Casey?

A) It broadened existing federal restrictions on the availability of abortion.
B) It voided the "undue burden" test that had been used for rulings on the abortion issue.
C) It accepted the validity of Justice O'Connor's position that state abortion restrictions are allowable if they are not "unduly burdensome."
D) It established the "trimester" scheme, in which restrictions on abortion may be different in the first, second, and third trimesters of a pregnancy.
E) It outlawed abortions funded with federal funds.

Question 67

The significance of the Ninth Amendment remained unexplored until which of the following Supreme Court cases?

A) Roe v. Wade
B) Palko v. Connecticut
C) Griswold v. Connecticut
D) Lemon v. Kurtzman
E) Mapp v. Ohio

Question 68

The Supreme Court case Lawrence and Garner v. Texas overturned which of the following decisions?

A) Roe v. Wade
B) Bowers v. Hardwick
C) Griswold v. Connecticut
D) Lemon v. Kurtzman
E) Palko v. Connecticut

Question 69

What is a law that declares a person guilty without the benefit of trial called?

A) Bill of attainder
B) Ex post facto law
C) Selective incorporation
D) Prior restraint
E) Lemon test

Question 70

In Griswold v. Connecticut, the Court invalidated a state law that did which of the following?

A) Required women to seek the permission of their husbands before obtaining an abortion
B) Banned pornographic literature
C) Made the use of birth control devices a crime
D) Forbid the purchase of alcohol on Sunday afternoons
E) Regulated gambling that took place within private residences

Question 71

What did the right to privacy apply to in Griswold v. Connecticut?

A) The use of contraceptives
B) Information collected by federal agencies
C) Online communication
D) Same-sex relations
E) Physician-assisted suicide

Question 72

Justice Sandra Day O'Connor contributed to the legal debate over abortion by maintaining that state abortion restrictions are permissible provided they do not create what?

A) Parental consent requirements
B) Unnecessary information
C) A 24-hour waiting period before an abortion can be performed
D) Compelling scrutiny
E) An undue burden

Question 73

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

A) During the first trimester, the state can prevent some abortions for reasons relating to the mother's health.
B) From the second trimester on, the state can prevent all abortions.
C) During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor.
D) During the third trimester, the state may regulate or prevent abortions.
E) The states may place no restrictions on abortions.

Question 74

Explain what a civil liberty is. Discuss how that differs from a civil right.

Question 75

Where can the right to privacy be found in the Constitution?

A) Article X
B) The Preamble
C) Article I, Section 8
D) First Amendment
E) Not explicitly referenced in the Constitution

Question 76

What was the decision in the case of Roe v. Wade?

A) It upheld the right of couples to use birth control devices.
B) It upheld the right of gay Americans to consenting sexual relationships.
C) It denied the right of gay Americans to consenting sexual relationships.
D) It upheld the right of women to have abortions.
E) It ruled that state laws criminalizing adultery were unconstitutional.

Question 77

Which of the following is true of the decision in Roe v. Wade?

A) The decision has not been challenged or redefined by subsequent cases.
B) It forced states to allow abortions under some circumstances at any point in pregnancy.
C) It limited abortion to the first trimester of pregnancy.
D) State legislatures have the right to decide if abortions will be performed.
E) It requires states to allow abortions to be performed by licensed nurse practitioners.

Question 78

Which constitutional right(s) inferred by the Court has been used to protect unlisted rights such as reproductive rights?

A) Right to privacy
B) Right against self-incrimination
C) Wall of separation rights
D) Due process rights
E) Right to assembly

Question 79

Explain how the Fourteenth Amendment and incorporation theory affected the Bill of Rights.

Question 80

According to the Supreme Court, a woman's right to seek an abortion is based on which of the following?

A) Due process clause
B) Right of privacy
C) Equal protection clause
D) Zone of privacy explicitly guaranteed in the Constitution
E) Right of states to enact police powers