Deck 4: 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

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.

Answer 3

B

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

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 6

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 7

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 8

Civil liberties are understood to be which of the following?

A) Equal economic treatment under the law
B) Equality of opportunity and equality of outcome for all individuals
C) Limits on government power to interfere with personal freedoms
D) Equal educational opportunity under the law
E) Absolute freedom for all individuals

Question 9

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 10

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 11

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 12

What did the ruling in the 1833 Supreme Court case of Barron v. Baltimore hold?

A) Barron, as a property owner, held full voting rights.
B) The Court did not have jurisdiction in cases involving personal property.
C) The city of Baltimore was part of the state of Maryland, not Virginia.
D) Each state's constitution was supreme over the Bill of Rights.
E) The Bill of Rights did not apply to state laws.

Question 13

Beginning in 1897, the Supreme Court slowly began to use the protection of "life, liberty, or property" in what clause of the Fourteenth Amendment 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) Elastic

Question 14

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 15

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 16

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 17

Which of the following statements is correct regarding the Bill of Rights?

A) The rights guaranteed in the Bill of Rights change over time, depending on interpretation by the Supreme Court.
B) The rights guaranteed to all citizens in the Bill of Rights are self-executing and have required little interpretation.
C) The Bill of Rights has always been equally applied to both the national and state governments.
D) The Bill of Rights consists of additions to the civil liberties initially discussed in the Constitution.
E) The Bill of Rights narrowly defines basic freedoms, requiring great consideration by the Supreme Court in interpreting them.

Question 18

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 19

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 20

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 21

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 22

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 23

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 24

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

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

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

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 27

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 28

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 29

In Wallace v. Jaffree, why did the Supreme Court strike down an Alabama law that required one minute of silence for prayer or meditation in all public school classrooms?

A) The law violated the free exercise clause.
B) The prayer constituted an excessive entanglement between government and religion.
C) The prayer violated the sacred-secular doctrine of the Ninth Amendment.
D) The law lacked any clearly secular purpose.
E) The law violated principles of common law.

Question 30

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 31

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 32

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 33

While instances of student-led prayer in public schools have been allowed by the Supreme Court, what requirement or restriction has it put on that activity?

A) Students may not appear in public while praying.
B) Students must incorporate prayers from all faiths.
C) Students must pray in all languages spoken at the individual school.
D) Student religious activity may not disrupt the school.
E) Students may not pray aloud where others can hear them.

Question 34

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 35

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 36

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 37

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 38

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 39

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 40

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 41

Which of the following amendments protects the right of individuals to join interest groups and lobby the government?

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

Question 42

Which of the following would be a method for individuals to exercise their right to lobby the government?

A) Attend a demonstration
B) Organize a demonstration
C) Join an interest group that lobbies the government
D) Sign a petition on the section of the White House website entitled "We the People: Your Voice in Government"
E) All of these are correct.

Question 43

What is a defamatory published statement with a reckless disregard for the truth grounds for?

A) Libel
B) Slander
C) Gag  order
D) Prior restraint
E) All of these are correct.

Question 44

Which of the following best describes how instances of offensive and blasphemous speech, such as that uttered in the Charlie Hebdo case, are handled in the United States?

A) Generally prohibited under state law
B) Severely restricted according to hate speech standards
C) Protected under the establishment clause
D) Protected by the First Amendment
E) Discouraged by the Fourteenth Amendment

Question 45

What constitutional guarantee did the government attempt to subvert in the 1971 case of New York Times v. United States?

A) Constitutional rights of the press
B) Constitutional rights of free expression
C) Judicial branch's power to issue a gag order
D) Judicial branch's power to rule laws unconstitutional
E) Principle of free exercise

Question 46

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 47

Which of the following justifications would be consistent with Supreme Court rulings about the use of student activity fees to support a student club opposed by many students?

A) Banning such clubs and activities violates the free association clause of the First Amendment.
B) Banning such clubs and activities defies the concept of intellectual freedom.
C) Banning such clubs and activities is a clear and present danger to the intellectual growth of students attending the university.
D) Promoting such clubs and activities, which allow for the dynamic discussion of philosophical, religious, and scientific topics, may serve the university's mission.
E) Promoting such clubs and activities is sound educational theory.

Question 48

Which of the following bodies has the authority to regulate the use of the airwaves and grant licenses to broadcast?

A) Federal Communications Commission
B) Federal Trade Commission
C) National Broadcasting Service
D) Public Broadcasting System
E) Federal Broadcasting System

Question 49

When the Nixon administration went to court in 1971 to block the New York Times from publishing the Pentagon Papers, which of the following powers was it abusing?

A)  Constitutional rights of the press
B)  Threat to national security
C)  Judicial branch's power to issue a gag order
D)  Principle of clear and present danger
E)  Principle of free exercise

Question 50

A gag order prioritizes which of the following?

A) The Sixth Amendment guarantee of the right of criminal suspects to a fair trial
B) The First Amendment guarantee of freedom of the press
C) Public safety over Fifth Amendments rights
D) The establishment clause by preventing government officials from leading prayers at public events
E) National security over habeas corpus

Question 51

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 52

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 53

Which of the following was ruled a violation of First Amendment rights?

A) Imposition of gag orders in any trials
B) Denial of Nazis a permit to march in a town of holocaust survivors
C) Imposition of gag orders in terrorist trials
D) Dispersion of Unite the Right marchers in the wake of violence at an unpermitted demonstration the previous evening
E) Imposition of gag orders in non-terrorist trials

Question 54

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 55

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 56

What is the basis for the federal government's power to regulate the use of the airwaves and to grant licenses to broadcast?

A) Nothing in the Constitution explicitly prohibits such regulation.
B) The Fairness Doctrine
C) Airwaves and all frequencies that travel through the air belong to the American people.
D) The Sedition Act
E) The PATRIOT Act and other counterterrorism legislation

Question 57

The Bill of Rights guarantees rights of the people to peaceably assemble, but the Supreme Court has allowed local governments to do which of the following?

A) Regulate the size of any and all assemblies, on public or private property
B) Limit the duration and loudness of demonstrations, allowing officials to eliminate business disruptions
C) Prohibit demonstrations by religious or hate groups
D) Require permits for parades and demonstrations,  allowing officials to control traffic or prevent demonstrations from turning into riots
E) Prohibit demonstrations staged in religious enclaves

Question 58

What are gag orders used to prevent?

A) Criminals from testifying against each other
B) Cameras in courtrooms
C) Attorneys from raising certain points before juries
D) Restricting the publication of news about trials in progress
E) Juror comments after the trial

Question 59

Which of the following best describes the meaning of the First Amendment's free exercise clause?

A) People can believe and practice their religious beliefs without any restriction.
B) People can believe whatever they want, but they cannot practice beliefs that are harmful to the public welfare.
C) People cannot hold religious beliefs that are harmful to the public.
D) Every religious belief is welcome, and every religious practice is to be respected by all.
E) Parents can refuse to vaccinate their children based on religious grounds.

Question 60

Which of the following best describes campus speech codes at state universities?

A) Ruled unconstitutional and no longer exist in the United States
B) Usually ruled unconstitutional, but continue to exist in the United States
C) Constitutionally allowed and encouraged
D) Typically concerned only with symbolic speech
E) Allowed if they do not address the topic of religious speech

Question 61

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 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 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 64

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 65

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

Question 66

Which of the following best describes the constitutional status of the claimed right to choose physician-assisted suicide?

A) Determined by the Supreme Court to be an issue best handled by each state
B) Deemed constitutional when a living will exists
C) Allowed only in the state of Missouri
D) Left unaddressed by the Supreme Court
E) Deemed constitutional by the Supreme Court under the Fourteenth Amendment

Question 67

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 68

Which of the following best captures the Supreme Court's ruling in regard to physician-assisted suicide?

A) The liberty interest protected by the Constitution does not include a right to commit suicide.
B) States must prosecute those who assist in suicides.
C) States must provide counseling to those who wish to commit suicide.
D) If an individual wishes to commit suicide, a physician must be present with family members.
E) The federal government is the final authority regarding laws on physician-assisted suicide.

Question 69

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 70

Which of the following statements about the PATRIOT Act is correct?

A) The PATRIOT Act created clear definitions between law enforcement agencies and intelligence arms of the government.
B) The Foreign Intelligence Surveillance Court has ruled that the PATRIOT Act violates the Fourth Amendment.
C) Agents of foreign governments are the main focus of search and surveillance activities permissible under the PATRIOT Act.
D) The PATRIOT Act permits the government to secretly search a suspected terrorist's home.
E) National Security Letters are mandatory for activities conducted by the FBI according to the PATRIOT Act.

Question 71

Which of the following technologies gives law enforcement officials opportunities to track offenders and, consequently, constitutes potential threats to the right to privacy and raises the concerns of those opposed to the PATRIOT Act?

A) Land-line phones
B) Movie subscription services
C) Red light cameras
D) Video game subscription services
E) Wireless devices

Question 72

The PATRIOT Act allowed what constitutionally questionable law enforcement technique  to combat terrorists?

A) National security letters to subpoena individuals to report for questioning
B) Roving wiretaps to track communication on all types of electronic devices
C) Torture of detainees suspected of having knowledge of criminal activity
D) Seizure of mobile phones of individuals expressing displeasure with the government
E) Jurisdictions to allow better oversight for monitoring suspects

Question 73

What has the extensive use of personal information by websites, such as Facebook and LinkedIn, raised constitutional questions about?

A) Due process
B) Eminent domain
C) Freedom of speech
D) Right to privacy
E) Symbolic speech

Question 74

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 75

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 76

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 77

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 78

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 79

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 80

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