Deck 4: Civil Liberties

Question 1

What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states?

A) due process
B) fundamental incorporation
C) habeas corpus
D) selective incorporation
E) total incorporation

Answer 1

D

Question 2

As originally written, the Bill of Rights limited the activities of

A) both the national and state governments.
B) neither the national nor the state governments.
C) the national government, not the state governments.
D) the national government, and the thirteen colonial governments.
E) the state governments, not the national government.

Answer 2

C

Question 3

Too much order can lead to __________, a state in which the people are not free to make decisions about the private aspects of their lives.

A) anarchy
B) aristocracy
C) democracy
D) oligarchy
E) tyranny

Answer 3

E

Question 4

The potential for the application of the Bill of Rights to the states began with the passage of the __________ Amendment in 1868, which adds several restrictions on what the states can do.

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

Question 5

During times of war, the government's increased concern for order and citizens' increased concerns about security generally find civil liberties being

A) expanded.
B) limited.
C) neutral.
D) replaced.
E) ignored.

Question 6

Too much freedom can lead to __________, a state in which everyone does as he or she chooses without regard to others.

A) anarchy
B) aristocracy
C) democracy
D) oligarchy
E) tyranny

Question 7

The right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal, is known as

A) privileges and immunities.
B) ex post facto law.
C) right to assemble and petition.
D) equal protection under the law.
E) writ of habeas corpus.

Question 8

The Sedition Act of 1798 made it illegal to

A) speak against foreign governments.
B) speak positively about the government.
C) keep and bear arms.
D) speak against the government.
E) exercise the freedom of press.

Question 9

If a majority wishes to abridge rights, it often falls to the __________, which is not designed to be responsive to public desires, to protect those rights.

A) legislative branch
B) executive branch
C) House of Representatives
D) judiciary
E) president

Question 10

Justice Oliver Wendell Holmes wrote that freedom of speech was not absolute, such as a person does not have the right to falsely shout ________ in a crowded theater.

A) "bomb"
B) "this is a stick up"
C) "fire"
D) "gun"
E) "down with America"

Question 11

Those rights that are so fundamental that they are outside the authority of government to regulate are known as

A) civil liberties.
B) civil rights.
C) direct freedoms.
D) negative freedoms.
E) positive freedoms.

Question 12

All of the following rights have been incorporated EXCEPT

A) quartering of soldiers.
B) keeping and bearing arms.
C) freedom of speech.
D) unreasonable search and seizure.
E) double jeopardy.

Question 13

During World War I, Congress passed the __________ Act of 1917, which made it a crime to obstruct military recruiting.

A) Espionage
B) Freedom
C) Sedition
D) Smith
E) USA PATRIOT

Question 14

Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides

A) that the government has a broad interest in passing the law.
B) that the law is narrowly drawn to meet the governmental interest.
C) that the law relates to interstate commerce.
D) that the law relates to federal spending.
E) that the government has a compelling interest and the law is narrowly drawn to meet it.

Question 15

The Supreme Court applied the provisions of the Bill of Rights to the states through the process of

A) emancipation.
B) dispersion.
C) incorporation.
D) ratification.
E) enumeration.

Question 16

Beginning in 1897, the Supreme Court slowly began to use the protection of "life, liberty, or property" in the Fourteenth Amendment's __________ clause to incorporate some of the provisions of the Bill of Rights as binding on the states.

A) due process
B) equal protection
C) full faith and credit
D) establishment
E) free exercise

Question 17

The Bill of Rights placed into law some of the natural rights that Thomas Jefferson wrote about in the

A) Articles of Confederation.
B) Declaration of Independence.
C) International Bill of Rights.
D) pamphlet Common Sense .
E) Magna Carta.

Question 18

The courts have consistently ruled that speech codes at state universities

A) are constitutional.
B) violate the First Amendment.
C) violate the Fourth Amendment.
D) violate the full faith and credit clause.
E) protect students from themselves.

Question 19

The Constitution protects the right to all of the following EXCEPT

A) trial by jury.
B) freedom of expression.
C) freedom of press.
D) freedom of assembly.
E) free public education.

Question 20

The _________ consists of the first ten amendments to the Constitution.

A) Articles of Confederation
B) Bill of Rights
C) Rights Code
D) Magna Carta
E) Rule of Law

Question 21

Justice Oliver Wendell Holmes referred to the idea that government should not restrict expression because the people are capable of accepting good ideas and rejecting bad ones as the

A) marketplace of ideas.
B) chilling zone of ideas.
C) constitutional penumbras.
D) marketplace of speech.
E) cost of liberty.

Question 22

In the 1960s, the Supreme Court ruled that certain types of nonverbal activities, such as flag burning or students wearing black armbands to school, were protected under the First Amendment as

A) symbolic speech.
B) direct speech.
C) fighting words.
D) hate speech.
E) public speech.

Question 23

In 1971, the Supreme Court created the ________ to determine if a law violated the establishment clause.

A) clear and present danger test
B) Miller test
C) establishment test
D) religious liberty test
E) Lemon test

Question 24

The crackdown on socialists, Communists, and other radicals was called the __________ and peaked after radicals exploded eight bombs, including one at the house of the U.S. Attorney General, A. Mitchell Palmer.

A) Cold War
B) Socialist Scare
C) Red Scare
D) Red Rebellion
E) War on Terror

Question 25

The publishing of false and damaging statements about another person is called

A) actual malice.
B) libel.
C) negligence.
D) fabrications.
E) hate speech.

Question 26

__________ are phrases that might lead the individual to whom they are directed to respond with a punch.

A) Libertarian words
B) Fighting words
C) "Come-and-Get-It" words
D) Criminal words
E) Advocacy words

Question 27

Today, an extraordinary burden of proof of imminent harm is needed before the courts will shut down a newspaper before a story is printed. This is known as

A) libel.
B) prior restraint.
C) private censorship.
D) private restraint.
E) slander.

Question 28

Which of the following is true of the legality of burning the American flag?

A) It is illegal in about half the states.
B) It is a form of protected symbolic speech.
C) The Supreme Court has yet to rule on the issue.
D) It is unconstitutional.
E) Congress may restrict it in any way it sees fit.

Question 29

Generally, states need only have a __________ to pass laws that also happen to restrict religious practices.

A) nonpartisan reason
B) probable cause
C) rational basis
D) reasonable basis
E) valid secular purpose

Question 30

In the mid-1960s, __________, the counterintelligence program of the Federal Bureau of Investigation (FBI), infiltrated and disrupted groups that expressed opposition to mainline American policies, including antiwar groups, civil rights groups, left-wing groups, and white supremacy groups.

A) ATF
B) CIA
C) COINTELPRO
D) NASA
E) TSA

Question 31

The Supreme Court developed a three-pronged test called the _________ to determine whether material can be deemed obscene.

A) Lemon test
B) clear and present danger test
C) Miller test
D) obscenity test
E) Tinker test

Question 32

The Geneva Conventions is an

A) international treaty that defines "enemy combatants."
B) international treaty that protects the rights of prisoners of war.
C) international treaty requiring prisoner exchanges between warring nations.
D) international treaty establishing strict climate regulations.
E) international treaty protecting against child labor practices.

Question 33

During the McCarthy Era, Congress banned the __________ Party and membership therein, and held hearings investigating individual citizens' political views and personal associations.

A) Democratic
B) Communist
C) Libertarian
D) Red
E) Republican

Question 34

__________ originally protected individuals only against the national government, and, at the time, only two states, Virginia and Rhode Island, had unqualified religious freedom.

A) The right of association
B) Symbolic speech
C) The free exercise clause
D) The clear and present danger test
E) Incorporation

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) equal protection test
D) clear and present danger test
E) Miller test

Question 36

Normally, wiretapping requires a warrant signed by a judge or magistrate backed by __________ that a crime is being committed.

A) absolute certainty
B) overwhelming evidence
C) probable cause
D) reasonable cause
E) reasonable suspicion

Question 37

In a case regarding suspected terrorists, the Supreme Court ruled that noncitizens could not be

A) held without a warrant.
B) held indefinitely.
C) held outside the United States.
D) held without habeas corpus.
E) held inside the United States.

Question 38

The __________ clause of the First Amendment prevents Congress from recognizing one church by law as the nation's official church, as Britain had done with the Anglican (Episcopal) Church.

A) establishment
B) free exercise
C) full faith and credit
D) interstate commerce
E) impartiality

Question 39

After the terrorist attacks of September 11, 2001, Congress passed the __________ Act, which overturned many of the COINTELPRO reforms, by allowing greater sharing of intelligence information and enhancing law enforcement's ability to tap telephone and e-mail communications.

A) Espionage
B) Freedom
C) Sedition
D) Smith
E) USA PATRIOT

Question 40

__________ is when the free speech doctrine allows certain types of regulations of speech, as long as the restriction does not favor one side or another of a controversy.

A) Content-neutral
B) Exclusionary rule
C) Right to privacy
D) Marketplace of ideas
E) Prior restraint

Question 41

If acquitted by a jury, the _______ clause ensures that the accused cannot be tried for the same crime again.

A) double strike
B) eminent domain
C) cruel and unusual punishment
D) impartiality
E) double jeopardy

Question 42

The Supreme Court, in  Miranda v. Arizona, based its decision on the ________ Amendment.

A) First
B) Third
C) Fourth
D) Fifth
E) Sixth

Question 43

If the police conduct a search later found to be unconstitutional, the __________ holds that evidence collected during the search cannot be used in trial.

A) exclusionary rule
B) incorporation clause
C) Fifth Amendment
D) full faith and credit clause
E) Seventh Amendment

Question 44

In __________, the Court voided what one justice called "an uncommonly silly law" that made it a crime for any person-including married couples-to use birth control.

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

Question 45

Which of the following has the state of New York done in response to recent mass shootings?

A) banned all handguns
B) banned hunting rifles
C) banned assault weapon.
D) allowed school teachers to carry weapons
E) allowed firearms in bars and restaurants

Question 46

Under current Supreme Court interpretation, which of the following is NOT lawful?

A) conducting strip searches of arrestees entering a jail population
B) searching suspects and areas within his or her control
C) searching discarded garbage
D) searching cell phone content
E) seizing illegal goods in plain view

Question 47

Opponents of gun rights believe that the _________ clause limits the right to own a gun.

A) clear and present danger
B) due process
C) well-regulated militia
D) establishment
E) free exercise

Question 48

In 1973, in Roe v. Wade , the Supreme Court employed a(n) ________ test.

A) Miller
B) compelling interest
C) Lemon
D) secular purpose
E) undue burden

Question 49

__________ believe that as long as the state does not favor one religion over another, it can generally pass laws that support religion.

A) Separationists
B) Accommodationists
C) Federalists
D) Antifederalists
E) Libertarians

Question 50

Compare and contrast the deprivation of rights during wartime and after conflict has ended.

Question 51

Compare the problems of too much freedom to those of too much order.

Question 52

In  Lawrence v. Texas,  the court ruled that laws prohibiting ________ were unconstitutional.

A) flag burning
B) birth control
C) sodomy
D) same-sex marriage
E) assisted suicide

Question 53

Following the 2012 tragedy at Sandy Hook Elementary School in Newtown, Connecticut, Congress

A) passed a law requiring criminal background checks.
B) passed a law banning all assault weapons.
C) passed a law limiting the number of rounds that ammunition magazines could hold.
D) failed to pass any laws restricting gun rights.
E) passed a law making it easier to obtain firearms.

Question 54

Which Constitutional right inferred by the Court has been used to protect unlisted rights such as sexual privacy or 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 55

In  Gideon v. Wainwright, the Court ruled that all criminals were afforded the right to

A) free speech.
B) free press.
C) privacy.
D) counsel.
E) bear arms.

Question 56

The Fourth Amendment prohibits

A) cruel and unusual punishment.
B) involuntary quartering of soldiers.
C) double jeopardy.
D) unreasonable searches and seizures.
E) speedy and public trials.

Question 57

Detail the components of the compelling interest test.

Question 58

The amendments that protect the rights of the criminally accused include all of the following EXCEPT the ________ Amendment.

A) Fourth
B) Fifth
C) Sixth
D) Eighth
E) Tenth

Question 59

What did the Supreme Court determine in 2008 regarding gun ownership rights?

A) There is no right to own or possess a gun unless under extraordinary circumstances.
B) Noncitizens and naturalized citizens do not possess any gun ownership rights.
C) There is an individual right to possess a gun in one's own home.
D) Strict regulations and restrictions on gun ownership are constitutional.
E) There is a natural right to possess a gun for any given purpose.

Question 60

The area over which individuals have Fourth Amendment protections are those in which there is a(n)

A) clear and present danger.
B) expectation of privacy.
C) imminent lawless action.
D) valid legislative purpose.
E) religious justification.

Question 61

Explain the doctrine of prior restraint.

Question 62

Describe the difference between separationists and accommodationists.

Question 63

Describe the protections in the Bill of Rights for those accused of crimes.

Question 64

Explain how the Supreme Court has viewed symbolic speech as it pertains to the First Amendment.

Question 65

How are the issues of birth control and abortion viewed in terms of the "right to privacy?"

Question 66

How does ideology affect how Court justices view the "well regulated Militia clause" of the Second Amendment?

Question 67

Discuss how the courts and Congress have addressed hate speech in recent times, using specific examples.

Question 68

Why did the Founders include the Second Amendment? How would they define "well-regulated militia"?

Question 69

State the limits on the First Amendment's right to freedom of speech.

Question 70

Explain why civil liberties are more limited and frequent during wartime. How do the different branches of government view this issue?

Question 71

To what extent have people been willing to give up civil liberties following events like the 9/11 terrorist attacks?

Question 72

Explain the difference between free exercise of religion and the establishment of religion.

Question 73

Provided a detailed discussion of the three parts of the Lemon test.

Question 74

Discuss the purpose for both the free exercise and establishment clauses.

Question 75

How free should you be to criticize the government? Should you be less free in wartime? Following 9/11?

Question 76

Provide a detailed explanation of the differences between speech codes on public and private college campuses, as well as how the courts have addressed this issue at both types of institutions.

Question 77

Should the states be allowed to require DNA samples for those accused of crimes?  Should they be allowed to retain those samples if the accused is found not guilty?

Question 78

What is the significance of the decision in Lawrence v. Texas?

Question 79

Provide a detailed discussion of how the Supreme Court has used the Fourteenth Amendment to incorporate the Bill of Rights to the states.

Question 80

Why did the Justice Department remove Jose Padilla from military custody and charge him under federal criminal law with providing material support to terrorist organizations?