Deck 13: Private Morality and Public Policy: Moral Values, the Constitution, and the Open Society

Question 1

Tolerance of diversity in social, political, and religious points of view is an example of the concept of ____________.

A) open society
B) populism
C) communitarianism
D) segmented society

Answer 1

A

Question 2

Conservatives have supported the changing interpretation of the first amendment from freedom of discussion to freedom of expression.

Answer 2

False

Question 3

The process of secularization is defined by

A) the belief in creation science
B) the decline of regular church attendance
C) state sanctioned religion
D) the rise of conventional religion

Answer 3

B

Question 4

Roe v. Wade

A) forbade discrimination against women in health insurance pregnancy benefits.
B) established the right to privacy.
C) decided that there is a constitutional right to abortion.
D) decided that birth control devices and information cannot be restricted by state law.

Question 5

Roe v. Wade

A) made abortion illegal
B) requires physicians to perform abortions
C) held that states may regulate abortions only in the first trimester
D) none of the above

Question 6

The consequences of the movement from discussion to expression are controversial in which of the following areas?

A) political correctness
B) "hate speech"
C) Nazi march in Skokie, Illinois
D) all of the above

Question 7

Those who favor restrictions on pornography argue that

A) "Pornography is harmful"
B) "It will deteriorate a society's moral standards"
C) "Pornography tends to heighten sexual desire into ever more deviant forms"
D) all of the above
E) (a) & (b) only

Question 8

The open society concept is in conflict with support of family values, which generates political issues such as

A) the right to die
B) suppression of pornography
C) reproductive freedom
D) all of the above

Question 9

Both feminists and conservatives wish to see greater legal restrictions on the availability of pornographic material.

Question 10

The Supreme Court has decided that freedom of speech is due absolute protection.

Question 11

Which of the following is NOT a test established by the Supreme Court to determine if material is obscene?

A) If the work appeals to the prurient interests of the average person.
B) If the work lacks serious literacy or artistic value.
C) If the work violates an applicable state law in a patently offensive way.
D) If the work depicts homosexual behavior.

Question 12

The populism tradition in the United States did not appeal to

A) shopkeepers
B) bankers
C) small farmers
D) unskilled workers

Question 13

The presumption of constitutionality call for judges to

A) interpret the Constitution and laws so as to uphold the political action rather than impose their own values
B) rule based on popular opinion
C) nullify a law or government action
D) protect the interest and values of individuals against an abusive majority

Question 14

The consequences of the movement from discussion to expression are controversial in which of the following areas?

A) political correctness
B) "hate speech"
C) scientific creationism
D) (a) and (b) only

Question 15

When a court nullifies a law, it is practicing

A) judicial restraint
B) presumption of constitutionality
C) judicial activism
D) none of the above

Question 16

Miller v. California, with respect to pornography,

A) says each community may decide for itself what its standards are in determining pornography
B) provides a clear national standard
C) said material had to be utterly without any redeeming social value
D) all of the above

Question 17

Some of the political left have opposed the Open Society concept through their support of legislation promoting morality in the area of racial and cultural tolerance.

Question 18

The attempt to suppress speech that is regarded as insensitive to targeted racial and ethnic groups

A) is supported by conservatives
B) has been opposed by higher education elites
C) violates an established rule of law called scienter
D) all of the above

Question 19

The Moral Majority conservative political movement was created to promote Christian family values and to fight the Open Society.

Question 20

Neo-populism is a revolt against the secularization of American culture.

Question 21

The wall of separation interpretation of the establishment clause has been used to oppose public aid to private parochial schools.

Question 22

Courts and legal profession view free speech as primarily protecting political discussion; other speech has been categorized and may be subject to regulation. Which of the following is NOT a speech category?

A) Hate speech
B) libel and slander
C) commercial speech
D) breech of peach speech

Question 23

The Supreme Court case of Mitchell v. Helms (2000) articulated

A) the neutrality test in establishment clause cases
B) the clear and present danger test for freedom of speech
C) separation of church and state as the meaning of the establishment clause
D) the compelling public interest test of free exercise

Question 24

Which of the following has NOT been permitted by Supreme Court interpretations of the Establishment Clause?

A) student religious clubs using high school classrooms after hours
B) nativity scenes in public parks at Christmas
C) posting the Ten Commandments in public schools
D) all of the above

Question 25

Although most states do allow assisted suicide, three states do allow for physician-assisted suicide. Which of the following do NOT allow physician-assisted suicide?

A) Montana
B) Oregon
C) Washington
D) California

Question 26

The Roth rule allows censorship of material that lacks serious

A) public value
B) literary value
C) street value
D) internet value

Question 27

Organized prayer in public schools during school hours:

A) is forbidden under any circumstances, voluntary or not
B) must provide students the option of leaving the room or remaining silent
C) must be non-denominational
D) is o.k. if requested by a majority of parents

Question 28

Employment Division v. Smith (1990)

A) established the right of freedom of speech
B) moved away from the SHERBERT three part free exercise test
C) allowed American Indians to use peyote
D) allowed Sabbatarians to refuse work on Saturdays

Question 29

Hate crime laws provide for additional punishment for people engaged in a criminal act if it based on ill-will toward

A) sexual orientation
B) bullies
C) religious group
D) (A) and (C)

Question 30

The Supreme Court has used what test(s) to judge cases alleging violation of the establishment clause?

A) whether the primary purpose of the law is secular
B) whether the primary effect of the law is to benefit religion
C) whether the law involves excessive entanglement of government with religious institutions
D) all of the above
E) none of the above

Question 31

Employment Division v. Smith (1990)

A) established the right of freedom of speech
B) established the three part free exercise test
C) ruled that states could fashion "neutral" laws that outlaw actions related to religion
D) allowed Sabbatarians to refuse work on Saturdays

Question 32

Which examples of free exercise of religion are protected by the Constitution?

A) polygamy
B) refusal to salute the American flag
C) drug use in religious rituals
D) none of the above

Question 33

The Ninth Amendment was placed in the bill of rights as a catch-all phrase, to limit the federal government from regulating rights which may have been inadvertently omitted from the Constitution.

Question 34

Abstinence-only programs have been found to successfully reduce the probability of teens engaging in sexual activity

Question 35

Engel v. Vitale

A) declared prayer in public schools unconstitutional
B) declared that a "moment of silence" in the classroom is constitutional
C) outlawed bible-reading in the public school classroom.
D) declared the principle of separation of church and state.

Question 36

Which case established the right of a Sabbatarian to refuse Saturday employment as a condition for receiving unemployment benefits?

A) Cantwell v. Connecticut
B) U.S. v. Ballard
C) Engel v. Vitale
D) Sherbert v. Verner

Question 37

Most abortions are performed in the third trimester.

Question 38

Which of the following is NOT a test for a violation of the establishment clause?

A) Is the purpose secular?
B) Is the primary effect to aid religion?
C) Is there excessive entanglement of government and religion?
D) Does it appeal to prurient interest?

Question 39

The case which interpreted the establishment clause as requiring separation of church and state is

A) Everson v. Board of Education
B) Engel v. Vitale
C) Cantwell v. Connecticut
D) Lemon v. Kurtzman

Question 40

The federal courts have declared unconstitutional laws requiring that creationism be taught in public school science classes along with the theory of evolution.

Question 41

Which of the following are arguments for government aid to religious schools?

A) Religious schools do a respectable job of providing secular education, such as teaching mathematics and English.
B) Parents of religious school students pay property taxes that support public schools.
C) Religious schools teach values that many parents want their children to learn.
D) all of the above

Question 42

The Supreme Court has decided that state property tax exemptions for church property violate the establishment clause.

Question 43

Which of the following is NOT part of the test to determine if a law could pass establishment clause scrutiny?

A) The law allows the state to pay for religious teachers.
B) The law could foster excessive government entanglement with religion.
C) The law primary effect does not advance religion
D) The law has secular legislative purpose.

Question 44

The Supreme Court has ruled on the teaching of evolution in the public schools that:

A) a community cannot require the teaching of creationism
B) a community cannot require the removal of evolution from the curriculum
C) religious traditions about creation can be taught as part of the humanities curriculum
D) all of the above

Question 45

Devotional activity that is voluntary and non-denominational may be sponsored by public schools?