Deck 4: Civil Liberties

Question 1

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.

Answer 1

D

Question 2

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

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

Answer 2

B

Question 3

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.

Answer 3

B

Question 4

The Constitution protects the right to

A) trial by jury.
B) freedom of expression.
C) freedom of press.
D) freedom of assembly.
E) all of these.

Question 5

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 colonies.
E) the state governments, not the national government.

Question 6

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) reification.

Question 7

The articles of the Constitution protect civil liberties in all of the following EXCEPT

A) writ of habeas corpus.
B) ex post facto laws.
C) bills of attainder.
D) bills of libel.
E) trial by jury.

Question 8

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) bureaucracy
B) executive branch
C) legislature
D) judiciary
E) president

Question 9

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 10

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) bill of attainder.
B) ex post facto law.
C) eminent domain.
D) right of the accused.
E) writ of habeas corpus.

Question 11

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

Question 12

In a World War I speech case, Justice Oliver Wendell Holmes wrote that 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) none of these

Question 13

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 compelling 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 14

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 15

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 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) interstate commerce
E) presentation

Question 17

The Bill of Rights placed into law some of the natural or inalienable rights that Thomas Jefferson spoke 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

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

Question 19

The courts have consistently ruled that speech codes

A) are constitutional.
B) violate the First Amendment.
C) violate the Fourth Amendment.
D) violate the full faith and credit clause.
E) violate the interstate commerce clause.

Question 20

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 21

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 22

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 23

The Supreme Court has ruled that Congress must authorize hearings to determine the legality of the detention of even foreign enemy combatants and that such hearings must be consistent with the __________, an international treaty that protects the rights of prisoners of war.

A) Copenhagen Accords
B) Geneva Conventions
C) Law of War
D) Kyoto Protocol
E) Treaty of Versailles

Question 24

In a case involving U.S. citizen Jose Padilla, the Supreme Court ruled that citizens could not be

A) held without a warrant.
B) held indefinitely.
C) held without a trial.
D) held without habeas corpus.
E) none of these.

Question 25

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 26

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

A) absolute certainty
B) preponderance of the evidence
C) probable cause
D) reasonable cause
E) reasonable suspicion

Question 27

In 2013, Edward Snowden revealed classified documents detailing

A) the location of missing yellowcake uranium.
B) secret plans to invade North Korea.
C) the NSA keeping records of every Internet search made in the United States.
D) the NSA keeping records of every phone call made in the United States.
E) the FBI's involvement with COINTELPRO.

Question 28

In 2014, the U.S. Court of Appeals ordered the Obama administration to release information regarding the execution of

A) Saddam Hussein.
B) Osama bin Laden.
C) Anwar al Awlaki.
D) Moammar Gadhafi.
E) Abu Ahmed al-Kuwaiti.

Question 29

Nonverbal activities that convey a political message, such as saluting the flag, burning the flag, or burning draft cards, are referred to as

A) commercial speech.
B) pure speech.
C) speech plus.
D) symbolic speech.
E) all of these.

Question 30

__________ 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) None of the above

Question 31

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 32

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 33

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

A) Fighting doctrines
B) Fighting words
C) "Come-and-Get-It" words
D) Nonfighting words
E) All of these

Question 34

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 35

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) Blue Scare
C) Red Scare
D) Red Rebellion
E) War on Terror

Question 36

The Foreign Intelligence Surveillance Act created secret courts designed to oversee the domestic activities of

A) the security community.
B) the Central Intelligence Agency.
C) the National Security Agency.
D) the National Reconnaissance Office.
E) all government agencies.

Question 37

Justice Oliver Wendell Holmes referred to the idea that government should not restrict the expression of ideas 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) writ of certiorari.

Question 38

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 39

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 40

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

A) actual malice.
B) libel.
C) negligence.
D) prior restraint.
E) subsequent punishment.

Question 41

The Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy is known as the

A) right to privacy.
B) right against self-incrimination.
C) right to counsel.
D) right to assembly.
E) right to bear arms.

Question 42

In 1971, the Supreme Court created the three-pronged  ________ 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 43

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 44

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

A) double indemnity
B) eminent domain
C) cruel and unusual punishment
D) innocence
E) double jeopardy

Question 45

In  Miranda v. Arizona, the Court declared that the right against self-incrimination enshrined in the Fifth Amendment applied to

A) the cities.
B) the counties.
C) the states.
D) the federal courts.
E) none of these.

Question 46

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 47

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) alcohol

Question 48

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

A) Civil liberties
B) Symbolic speech
C) The free exercise clause
D) The clear and present danger test
E) Incorporation

Question 49

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) rule of evidence
C) Fifth Amendment
D) full faith and credit clause
E) Seventh Amendment

Question 50

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 51

The __________ Amendment prohibits unreasonable searches and seizures.

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

Question 52

In 1973, the Court ruled in  Roe v. Wade  that a national right to ________ existed.

A) privacy
B) abortion
C) speech
D) expression
E) counsel

Question 53

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) presentation

Question 54

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 55

______________ 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) Anti-Federalists
E) Libertarians

Question 56

After the 2012 tragedy at Sandy Hook elementary school, Congress enacted

A) tighter criminal background checks.
B) a ban on assault weapons.
C) a limit to the number of rounds that ammunition magazines could hold.
D) all of these.
E) none of these.

Question 57

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

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

Question 58

The Supreme Court decided in 2008 that there is a(n) __________ right to possess a gun, at least for self-defense in one's home.

A) collective
B) human
C) individual
D) national
E) state

Question 59

In 2014, the Supreme Court found that the content of a cell phone is ___________ police search.

A) incriminating in a
B) subject to
C) scrutinized in a
D) exempt from
E) not exempt from

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) excessive entanglement.

Question 61

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

Question 62

Is the U.S. criminal justice system too harsh? Or does it let too many criminals get off on "technicalities"?

Question 63

Explain the doctrine of prior restraint.

Question 64

Explain why wartime deprivation of rights ratchets back after the crisis ends.

Question 65

State the difference between separationists and accommodationists.

Question 66

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

Question 67

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

Question 68

Discuss and explain how Roe v. Wade is seen as a privacy case.

Question 69

Detail the components of the compelling interest test.

Question 70

Explain the differences between civil rights and civil liberties.

Question 71

Discuss and explain the role of the courts in protecting civil liberties during times of war.

Question 72

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

Question 73

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?

Question 74

What civil liberties are you willing to give up to ensure more protection against terrorist attacks?

Question 75

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

Question 76

State the protections for those convicted of crimes.

Question 77

Explain why civil liberties are more limited and frequent during wartime.

Question 78

Does government have a right to regulate who can live in the same house or apartment?

Question 79

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

Question 80

Discuss and explain how the courts and Congress have addressed hate speech in recent times.