Deck 4: Civil Liberties

Question 1

Suppose members of the Amish want their child to attend an educational program through the church, which focuses on learning through service, instead of finishing high school at a local public school. The state refuses to allow the parents to pull their children from school. The state's action violates the precedent set by which case?

A) Sherbert v. Verner
B) Lemon v. Kurtzman
C) Wisconsin v. Yoder
D) Edwards v. Aguillard

Answer 1

C

Question 2

Which is an example of a civil liberty?

A) the right of an African American man to eat at the same restaurant as a white man
B) the right of a woman to cast a vote in a presidential election
C) the right of a same-sex couple to get married and have their marriage recognized by all states
D) the right of an African American woman to speak out against police brutality

Answer 2

D

Question 3

The process of ensuring that states recognize and respect the protections granted by rights listed in the Bill of Rights is known as ______.

A) devolution
B) extension
C) deregulation
D) incorporation

Answer 3

D

Question 4

Which amendment in the Bill of Rights has been incorporated to the states?

A) the First Amendment
B) the Third Amendment
C) the Seventh Amendment
D) the Ninth Amendment

Question 5

Suppose a student wants to learn more about the history and origins of the Bill of Rights in the U.S. Constitution, specifically by reading historical documents that showcase the Founders' feelings about the Bill of Rights. Which document should the student read?

A) the Declaration of Independence
B) the Magna Carta of 1215
C) the Supreme Court's decision on Barron v. Baltimore
D) Federalist No. 14

Question 6

When the Supreme Court incorporates a right, who must observe and protect that right?

A) the state in which the case originated
B) all 50 states, but not Washington, D.C.
C) all other lower courts
D) all 50 states and Washington, D.C.

Question 7

What made Sherbert v. Verner a landmark Supreme Court case?

A) It incorporated the free exercise of religion provision of the First Amendment to the states.
B) It established the compelling state interest standard for refusing to accommodate religion
C) It upheld the accommodation principle for the interpretation of the establishment of religion.
D) It determined that the free exercise clause applied to more than traditional Christian religions.

Question 8

The Bill of Rights serves as a safeguard of American ______.

A) civil liberties
B) citizenship
C) civil rights
D) voting rights

Question 9

What are civil liberties?

A) rights granted by the government to ensure equality among various groups of people
B) rights that are guaranteed by the Constitution and protected from government infringement
C) rights that allow people from different groups to participate in the American political system
D) rights that the Founders thought should only be extended to certain classes of people

Question 10

Suppose the majority of a state's population are practicing Amish. The state has just passed a law that would prohibit the practice of any religion other than Amish in that state. What would this law be a violation of?

A) the First Amendment free exercise clause
B) the Katz test
C) the compelling state interest standard
D) the Lemon test

Question 11

In which way do civil liberties differ from civil rights?

A) Civil liberties are implied in the Constitution, while civil rights are enumerated in the Constitution.
B) Civil liberties cannot be denied by the government, while civil rights are granted by the government.
C) Civil liberties focus more on ensuring equality, while civil rights apply to all humans from their birth.
D) Civil liberties protect the rights of natural-born citizens, while civil rights apply to everyone.

Question 12

Why did the Founders believe the government could not infringe upon those rights that are now listed in the Bill of Rights of the Constitution?

A) They believed any government that felt the need to infringe upon those rights would eventually create an unfair system of governance.
B) They thought that a central government was likely to infringe upon any and all freedoms without them being expressly written down.
C) They believed that those rights were inherent, with or without a government, so they could not be given or infringed upon by a government.
D) They knew that the rights listed were standard to every other government and should be protected in their new government as well.

Question 13

Which statement best summarizes James Madison's initial feelings regarding the inclusion of a bill of rights in the Constitution?

A) He did not think a bill of rights would keep a government from infringing upon natural rights.
B) He was a staunch supporter of a bill of rights and wanted to make it 20 amendments long.
C) He believed the government would already be limited, so a bill of rights was unnecessary.
D) He supported a bill of rights out of his inherent distrust of a strong central government.

Question 14

What is the primary function of the first eight amendments within the Bill of Rights?

A) to guarantee specific rights to the people
B) to extend guaranteed rights to African Americans and women
C) to list which rights are granted to the states
D) to describe the division of power between states and the federal government

Question 15

The federal government may not ban the practice of religion due to which provision?

A) the establishment clause of the First Amendment
B) the Lemon test
C) the free exercise clause of the First Amendment
D) the clear and present danger test

Question 16

Based on the text, which Founding Father likely persuaded James Madison that a Bill of Rights should be added to the Constitution?

A) Benjamin Franklin
B) Thomas Jefferson
C) George Washington
D) Benjamin Rush

Question 17

Suppose the Supreme Court has just heard a case regarding a person's wish to have a trial by jury for a civil case. In their decision, the Supreme Court ruled that all states must observe and protect this right. What is this an example of?

A) the Supreme Court acting unconstitutionally
B) the devolution of responsibilities to the states
C) the incorporation of the Seventh Amendment
D) the inefficiencies of the judicial system

Question 18

Which statement best describes the compelling state interest standard?

A) A state must prove that a government program would negatively impact religious practices.
B) A state must show that religious exemptions would undermine a government program.
C) A state must get permission from the Court before passing a law discriminating against a religion.
D) A state must provide each religious establishment with a notice of their rights under the law.

Question 19

How did the Supreme Court rule in Wisconsin v. Yoder?

A) It upheld the Amish right to refuse to attend school.
B) It sided with the state requirements of school attendance.
C) It struck down a law that barred Amish students from attending public school.
D) It declared a law that discriminated against the Amish unconstitutional.

Question 20

What is the significance of the Supreme Court's decision on Barron v. Baltimore?

A) It rendered the Bill of Rights largely ineffective beyond cases involving the federal government.
B) It effectively upheld the Fourteenth Amendment's protection of freed slaves from discrimination.
C) It extended the right to vote and the right to own property to African Americans and women.
D) It set precedent for the establishment and protection of both civil rights and civil liberties.

Question 21

Suppose it is the early 1900s and you are working with a close friend to spread the message about the values and benefits of socialism. You and your friend have been distributing pamphlets and holding private group discussions about joining the Socialist Party, but you are afraid of being arrested and prosecuted due to the recent ruling on which case?

A) Schenck v. United States
B) Engel v. Vitale
C) Brandenburg v. Ohio
D) New York Times v. Sullivan

Question 22

Suppose a man is a member of a religious community that uses small doses of the drug LSD during worship rituals. The man is found in possession of the illegal drug and is arrested. The man states that the drugs are required for religious practices. Which case provides precedent that would allow the state to convict the man of unlawful possession of a controlled substance?

A) Lemon v. Kurtzman
B) Employment Division v. Smith
C) Wisconsin v. Yoder
D) Engel v. Vitale

Question 23

The Lemon test deals primarily with religious involvement in which context?

A) government aid to public and private schools
B) public school vouchers
C) the establishment of private schools
D) standardized testing in schools

Question 24

How is a judge who believes in strict separation likely to interpret the establishment clause of the First Amendment?

A) that it should be left up to the states to decide which religions to support
B) that there should be a wall of separation between church and state
C) that the government should be neutral and treat all religions fairly
D) that the government may only favor a religion during holidays

Question 25

Following the Supreme Court's decision on Employment Division v. Smith, which requirement must be met by a state to refuse accommodation of religious practices?

A) the clear and present danger test
B) the compelling state interest standard
C) the Lemon test
D) the legitimate state interest standard

Question 26

A judge who believes in an accommodationist interpretation of the establishment clause is likely to hold which position?

A) The government should not involve itself in matters of religion.
B) All religious practices and establishments should be permitted.
C) Neutrality on the government's part means treating all religions equally.
D) The government should provide aid to only a few major religions.

Question 27

According to the Supreme Court's decision on Brandenburg v. Ohio, in order for speech to be restricted, which criteria must be met?

A) The speech must pose at least a vague threat to the United States and must be vulgar in nature.
B) The speech must incite violence or other lawless action and must be likely to produce such an action.
C) The speech must be political and must pose a real and clear threat to federal officials.
D) The speech must be offensive to at least one group and must be vulgar in nature.

Question 28

The idea that speech must present a danger that is immediate and relates to a specific action is characteristic of which standard used to restrict speech?

A) the preferred freedoms doctrine
B) the clear and present danger test
C) the compelling state interest standard
D) the imminent lawless action test

Question 29

Speech cannot be deemed as libelous if it has which characteristic?

A) It is printed.
B) It is truthful.
C) It was done maliciously.
D) It is clearly false.

Question 30

The clear and present danger test that was established in the early twentieth century limited the speech of which group?

A) African Americans
B) Orthodox Jews
C) avowed Communists
D) undocumented immigrants

Question 31

Suppose a new public park is being built just across the street from a local church. As such, anyone who attends the park can clearly see the cross atop the church. Some parents believe the park's placement was intentional and have petitioned against it as a violation of the First Amendment. Do these parents have a legitimate case?

A) No, the cross is part of a separate establishment and is not endorsed in any way by the state.
B) No, the cross is not religiously symbolic enough to be considered an endorsement of Christianity.
C) Yes, it is clear the state is acting with disingenuous intent, and the park must be moved.
D) Yes, the park's proximity to the church is a clear endorsement of religion by the state.

Question 32

In a case regarding the polygamy practices of the Mormon Church, the Supreme Court made which important distinction?

A) the difference between traditional and non-traditional religious practices
B) the difference between religious practices and religious beliefs
C) the difference between accommodation and establishment of religion
D) the difference between subtle and blatant violations of state law

Question 33

What is the significance of the Supreme Court's decision on United States v. Carolene Products?

A) It upheld a law that permitted private companies to restrict free speech by refusing to publish certain points of view.
B) It struck down laws that censored or punished political dissidents from communicating with the public.
C) It removed the standard of clear and present danger to restrict speech and replaced it with the imminent lawless action standard.
D) It established the idea that the Court had a greater responsibility to protect the rights in the Bill of Rights than it did other rights.

Question 34

The printing of false statements with the express intent to harm someone is known as ______.

A) slander
B) libel
C) prior restraint
D) hate speech

Question 35

Which argument best justifies the use of certain religious phrases or customs in political and public life?

A) Such phrases and customs have been widely accepted and used throughout history.
B) Most of the population agrees with Christianity, so it is not offensive.
C) The nation was founded upon the Christian religion, and as such, it should be celebrated.
D) The decline in religious beliefs must be reversed through government intervention.

Question 36

If the government were to declare Christianity as the religion that best represents American values and ideals and provides additional government aid to Christian churches for better facilities and religious programs, it would be violating the ______.

A) ten commandments
B) free exercise clause
C) establishment clause
D) legitimate state interest test

Question 37

What effect did the Supreme Court's decision on Schenck v. United States have on free speech?

A) It protected all manner of speech so long as it did not incite violence.
B) It rejected that free speech protections applied to obscene material.
C) It significantly restricted the speech of certain political speakers.
D) It permitted symbolic speech to be covered by the First Amendment.

Question 38

Which Supreme Court case prohibited the practice of prayer in public schools as a violation of the First Amendment?

A) Lemon v. Kurtzman
B) Engel v. Vitale
C) Wisconsin v. Yoder
D) Lee v. Weisman

Question 39

How would an accommodationist justice on the Supreme Court likely feel about the Lemon test?

A) The justice would support the test, as it makes it easy for public schools to accommodate religion.
B) The justice would support the test, since it allows for equal religious and non-religious policies.
C) The justice would be against the test, since it unfairly favors anti-religion policies.
D) The justice would be against the test, as it makes most accommodations of religion unconstitutional.

Question 40

Which is one of three requirements under the Lemon test that must be met for government aid to public or private schools to be considered constitutional?

A) The school must permit prayer in the classroom.
B) The state must have a legitimate interest in providing that aid.
C) The statute must not be excessively involved in religion.
D) The school must permit religious extracurricular activities.

Question 41

Which scenario would be an example of a violation of the Brady Handgun Violence Prevention Act?

A) The possession of a handgun for self-defense by an American citizen without a criminal record.
B) The purchase of a handgun by an American who has passed a background check.
C) The possession of a handgun by someone who has warrants out for their arrest for a violent crime.
D) The purchase and use of a handgun from a licensed dealer after waiting five days.

Question 42

The right to keep and bear arms is guaranteed by which constitutional amendment?

A) the Second Amendment
B) the Fourth Amendment
C) the Fifth Amendment
D) the Eighth Amendment

Question 43

Suppose an editor of a newspaper is approached by a woman who says that a prominent U.S. senator made inappropriate advances toward her years ago. When the newspaper reached out for comment, the Senator denied the allegations and was able to provide concrete proof he was innocent of the allegations, but the newspaper published the story anyway with the hope that it would harm the senator's chances at re-election. What would this likely be an example of?

A) prior restraint
B) slander
C) libel
D) sabotage

Question 44

Suppose a group of students come to school on the anniversary of the Columbine school shooting wearing white shirts with red marks on them as a way to represent those students who have died in school shootings over the years. The school administration believes this is distracting to other students and orders the students to go home and change. The students refuse, citing which previous incident?

A) the 1960s protests of the Vietnam War in which students were permitted to wear black armbands.
B) the Supreme Court's decision on United States v. O'Brien
C) the precedent set by the Supreme Court regarding libel and slander requirements
D) the flag-burning by Gregory Lee Johnson and the Court's removal of his conviction

Question 45

When the government tries to censor material or limit the amount of published information before its publication, it is referred to as ______.

A) libel
B) slander
C) obscenity
D) prior restraint

Question 46

Speech that is meant to harass a group of people based on traits like race, ethnicity, gender identity, or sexual orientation is called ______.

A) obscenity
B) slander
C) libel
D) hate speech

Question 47

How might the establishment of "safe spaces" be seen as a violation of the First Amendment?

A) Those areas would limit or restrict what can be said in those groups or spaces.
B) Safe spaces are discriminatory and violate equal protection clauses.
C) Such areas would prohibit students from carrying firearms to protect themselves.
D) Safe spaces protect only certain groups of people from coming to harm.

Question 48

Which type of speech uses non-verbal messages like wearing arm bands or burning draft cards to protest a war?

A) symbolic speech
B) hate speech
C) violent speech
D) obscene speech

Question 49

Suppose the cover of an explicit romance novel depicts a vulgar act on its cover. The book is not of great quality, and the author has stated that the book is simply for the entertainment of those who are old enough to read it. The bookstores to which it has been sent refuse to put the book on the shelves, and this the author says is a violation of the First Amendment. Is the author correct?

A) Yes, all books should be taken to have literary value, and as such the book does not fail the SLAPS test.
B) Yes, the book store's refusal to put the book on the shelves is a blatant act of censorship.
C) No, the book clearly fails the conditions established by Miller v. California and the SLAPS test.
D) No, the book is not suitable for children and thus cannot be made available publicly.

Question 50

In recent years, some athletes on professional sports teams have started kneeling during the national anthem as a way to protest the ongoing issue of police brutality against unarmed black men and women. What is this kneeling movement an example of?

A) disrespectful speech
B) controversial speech
C) hate speech
D) symbolic speech

Question 51

The scope of the Second Amendment is limited by which act?

A) the Pendleton Act
B) the Hatch Act
C) the Brady Handgun Violence Prevention Act
D) the Alcohol, Firearms, and Tobacco Regulation Act

Question 52

Which act is protected by the First Amendment?

A) printing false claims with malicious intent
B) inciting a group of people to commit violence
C) burning the American flag
D) damaging public property during protests

Question 53

While performing a search of a suspect's home, an officer notices that the judge who signed the warrant put the wrong date on the document. The officer stops the search so he can get it corrected, but his colleague has already found evidence that links the suspect to the crime. What will happen to the evidence in this case?

A) It will be rendered inadmissible in court since the warrant was incorrect.
B) The judge will privately be presented with the evidence for consideration.
C) The officers will be able to use the evidence during the defendant's trial.
D) The suspect will be detained until the warrant is correct to prevent tampering.

Question 54

Why has controlling and punishing cyberbullying in schools become a complicated issue in the twenty-first century?

A) The Supreme Court has ruled definitively that school authorities cannot regulate private online communications.
B) It can be difficult to determine the scope of the school's authority regarding private online communication.
C) The First Amendment has been interpreted as protecting online communication, even if it is harassment.
D) Schools have failed to implement online communication policies within their school codes of conduct.

Question 55

What is the primary function of the Fourth Amendment?

A) to protect the rights of citizens to keep and bear arms
B) to grant someone the right not to incriminate themselves
C) to guarantee protections from unlawful investigation
D) to prohibit the use of cruel and unusual punishment

Question 56

What is the most likely reason for lower courts to have determined that hate speech is protected by the First Amendment?

A) Grown students should not be offended by offensive or mean-spirited speech.
B) What is seen as offensive is subjective and cannot possibly be controlled.
C) It is not possible for speech to be hateful, only the person saying it.
D) Hate speech codes create protected classes, which violates equal treatment laws.

Question 57

An officer who seizes evidence of a crime from a suspect's private property without a warrant cannot use that evidence in court due to which standard?

A) the Katz test
B) the good faith exception
C) the double jeopardy clause
D) the exclusionary rule

Question 58

Which statement best summarizes the outcome of Miller v. California?

A) The test for determining obscene speech was developed.
B) The clear and present danger test was invalidated.
C) The First Amendment was incorporated to the states.
D) The requirements regarding libel were made stricter.

Question 59

Which instance would require a warrant?

A) searching a suspect's belongings in his home
B) conducting a breathalyzer test during a traffic stop
C) seizing evidence spotted on the seat of a suspect's car
D) searching a suspect's property during a manhunt

Question 60

The right of Americans to keep a handgun in their home for purposes of self-defense was reinforced by the Supreme Court's decision on which case?

A) McDonald v. Chicago
B) Engle v. Vitale
C) District of Columbia v. Heller
D) Roe v. Wade

Question 61

Which statement best summarizes the outcome of Griswold v. Connecticut?

A) The Supreme Court established the right of a woman to have an abortion.
B) The relationships and activities of same-sex couples were granted protection by the Ninth Amendment.
C) The unenumerated right to privacy was established by the Supreme Court.
D) The act of physician-assisted suicide was deemed to not be protected by the right to privacy.

Question 62

Suppose a man who has been accused of a crime cannot afford a lawyer to help with his defense and the officers who have detained him have not allowed him to call anyone; they also have not provided him with contact information for a state attorney. The refusal to allow this man access to legal counsel is a violation of his rights under which amendment?

A) the Fourth Amendment
B) the Sixth Amendment
C) the Eighth Amendment
D) the Tenth Amendment

Question 63

The exclusionary rule applies to which situation?

A) evidence gathered with a warrant
B) evidence seized during a routine pat down
C) a confession obtained without the recitation of the Miranda rights
D) proof of a crime that is within plain view of an officer

Question 64

What is one argument for prohibiting the death penalty per the Eighth Amendment?

A) Capital punishment serves as a way to deter violent crimes.
B) Technological advances have exonerated some inmates on death row.
C) Most crimes that are committed are minor misdemeanors.
D) The Founders were staunchly opposed to capital punishment.

Question 65

One of the criticisms of law enforcement officers is the interrogation techniques used to get a confession or information out of a suspect. Some believe officers have every right to use any means necessary to get a confession, while others believe that aggressive tactics can be coercive and a violation of a defendant's rights under the ______.

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 66

Which controversial issue was extended protections under the implied right to privacy?

A) abortion
B) firearm possession
C) physician-assisted suicide
D) capital punishment

Question 67

A woman has been detained by the police as a suspect in a series of robberies. Upon being sat down in the interrogation room, the woman asked to speak with her lawyer and stated that she would not make any additional comments until her lawyer was present. Which rights are being exercised in this situation?

A) Fourth and Fifth Amendment rights
B) Fifth and Eighth Amendment rights
C) Fifth and Sixth Amendment rights
D) Sixth and Eighth Amendment rights

Question 68

Which type of punishment was considered by the Founders to be "cruel and unusual"?

A) life sentences
B) drawing and quartering
C) solitary confinement
D) hanging

Question 69

How might the Supreme Court's establishment of a right to privacy be perceived by those who believe in a stricter interpretation of the Constitution?

A) as within the scope of the judicial branch
B) as an overreach of judicial power
C) as an appropriate adaptation to modern times
D) as an encroachment into executive power

Question 70

Which provision of the Constitution prevents someone from being tried twice for the same crime in the same jurisdiction?

A) the Miranda rights
B) the double jeopardy clause
C) the exclusionary rule
D) the good faith exception

Question 71

What was the significance of the Supreme Court's decision on Gideon v. Wainwright?

A) The Court reinforced the Sixth Amendment's right to legal counsel for criminal defendants.
B) The Court incorporated Eighth Amendment rights to be protected at the state level.
C) The Court established a code of ethics that all law enforcement must abide by during questioning.
D) The Court created a special class of lawyers designated specifically to defend needy defendants.

Question 72

The First, Third, Fourth, Fifth, and Fourteenth Amendments, when read together, establish which right?

A) the right to due process under the law
B) the right for same-sex couples to get married
C) the right to physician-assisted suicide
D) the right to privacy

Question 73

What does the Eighth Amendment protect against?

A) the infringement on the right to keep and bear arms
B) personal property being seized without a warrant
C) someone incriminating themselves
D) being subjected to cruel and unusual punishment

Question 74

Which statement best summarizes the outcome of Roe v. Wade?

A) The Supreme Court extended the right to privacy to cover the use of contraceptives.
B) The right to privacy includes the right of same-sex couples to get married.
C) The Supreme Court legalized the practice of physician-assisted suicide.
D) The right to privacy was used to establish the right of a woman to have an abortion.

Question 75

What is the Supreme Court's position on the death penalty?

A) The death penalty is a clear violation of the Eighth Amendment.
B) The death penalty should accompany certain crimes.
C) The death penalty is not always cruel and unusual.
D) The death penalty should be used in cases of mental illness only.

Question 76

What distinction can be made between the right to privacy and other rights in the Constitution?

A) The right to privacy has not yet been incorporated to the states.
B) The right to privacy originated at the state level instead of the federal level.
C) The right to privacy is not expressly granted in the Constitution.
D) The right to privacy has not been decided upon by the Supreme Court.

Question 77

Which idea justifies the creation of the right to privacy?

A) The language within the Ninth Amendment leaves room for additional rights not listed.
B) The Supreme Court's ability to conduct judicial review permits it to create new rights.
C) Documents discovered suggest that James Madison believed in a right to privacy.
D) Since the right to vote was added to the Constitution, the right to privacy can, too.

Question 78

The right of a criminal defendant to have legal counsel is protected by which amendment?

A) the Second Amendment
B) the Fourth Amendment
C) the Fifth Amendment
D) the Sixth Amendment

Question 79

What is the main purpose of the Fifth Amendment?

A) to grant certain rights to those accused of a crime to bolster their defense
B) to restrict the actions of law enforcement when conducting searches
C) to prohibit the use of certain punishment for certain crimes
D) to ensure that every citizen has a chance at an effective defense

Question 80

Which is a characteristic of the right to privacy?

A) It is protected by the Ninth Amendment.
B) It is unenumerated.
C) It applies only to abortion.
D) It does not apply to online activity.