Deck 5: Civil Liberties

Question 1

A right is defined as something

A) to which one has a just claim.
B) to which one is entitled by economic status.
C) that is required of a citizen.
D) that one wishes to have.
E) that the government grants.

Answer 1

to which one has a just claim.

Question 2

How do civil liberties differ from civil rights?

A) Civil liberties are personal freedoms, whereas civil rights concern freedom from discrimination.
B) Civil liberties are rights granted by Congress, whereas civil rights are those due to all people without legislation.
C) Civil liberties are those rights listed in the original Constitution, whereas civil rights are outlined in the Bill of Rights.
D) Civil rights are listed in the original Constitution, whereas civil liberties are outlined in the Bill of Rights.
E) Civil rights are personal freedoms, whereas civil liberties concern freedom from discrimination.

Answer 2

Civil liberties are personal freedoms, whereas civil rights concern freedom from discrimination.

Question 3

Which of the following is an example of a civil liberty?

A) Equal access to political participation such as voting
B) Equal consideration for employment and promotions
C) The freedom to express opinions in newspapers or online
D) The freedom to travel without discrimination
E) The public use of accommodations

Answer 3

The freedom to express opinions in newspapers or online

Question 4

Americans' constitutional rights are detailed in the

A) Constitution, Articles of Confederation, and constitutional amendments.
B) Constitution, Articles of Confederation, and Supreme Court rulings.
C) Constitution, Bill of Rights, and Articles of Confederation.
D) Constitution, Bill of Rights, and other constitutional amendments.
E) Constitution, Bill of Rights, and Supreme Court rulings.

Question 5

The framers of the Constitution believed a bill of rights was unnecessary because

A) it would be an insult to the craftsmanship of their original document.
B) the Constitution would create a responsible government that would be just as effective.
C) it would diminish the importance of the Constitution.
D) it would be too cumbersome.
E) they wanted to leave an opening for the government to become more powerful if the people became too selfish and unruly.

Question 6

Why did the framers eventually decide to add a bill of rights?

A) They hoped it would end opposition to the Constitution.
B) They realized that the Constitution created an extremely weak government.
C) Their settlement with the British required it.
D) Rhode Island refused to ratify the Constitution without one.
E) The Supreme Court ordered it.

Question 7

Which of the following is not one of the freedoms secured by the First Amendment?

A) Freedom from an established church
B) Freedom of speech
C) Freedom of the press
D) Right to bear arms
E) Right to call on the government to redress grievances

Question 8

Upon which amendment has the Supreme Court never ruled?

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

Question 9

The procedural protections that government must follow before depriving anyone of life, liberty, or property are called

A) civil liberties.
B) due process of law.
C) Miranda rights.
D) prior restraint.
E) the Bill of Rights.

Question 10

Besides criminal protections, the Fifth Amendment requires that if the government takes private property for a public purpose, it must pay fair market value. This requirement is found in the _______ clause.

A) establishment
B) implied powers
C) just compensation
D) necessary and proper
E) supremacy

Question 11

Anti-Federalists insisted on the Seventh Amendment, complaining that it was unfair to limit jury trials to

A) American citizens.
B) the wealthy.
C) the poor.
D) federal cases.
E) criminal cases.

Question 12

The Thirteenth, Fourteenth, and Fifteenth Amendments were designed to

A) extend full citizenship to all former slaves and those black men and women who were free before the Civil War.
B) extend full citizenship to all immigrants.
C) force the southern states to return to the Union.
D) limit the states' rights to control gun ownership.
E) remove all voting restrictions.

Question 13

In the years since the Fifteenth Amendment, all constitutional amendments concerning rights, except the Twenty-First Amendment, have dealt with what issue?

A) Censorship
B) Citizenship
C) Race
D) Taxes
E) Voting

Question 14

When did the Bill of Rights gain the most prominence in American politics and government through Supreme Court decisions?

A) Under the Articles of Confederation
B) During the War of 1812
C) Immediately after its adoption
D) After the Civil War
E) In the twentieth century

Question 15

Barron v. Baltimore was the first court case to address the question of whether the Bill of Rights applied to

A) states and local governments.
B) actions of the federal government.
C) foreign nationals.
D) free black men and women.
E) elected officials.

Question 16

The doctrine that the due process clause of the Fourteenth Amendment extends most specific rights in the Bill of Rights to states and localities is called the

A) naturalization doctrine.
B) incorporation doctrine.
C) due process doctrine.
D) Constitutional doctrine.
E) Monroe doctrine.

Question 17

What was one effect of the nationalization of the Bill of Rights?

A) The Constitution became obsolete.
B) The Articles of Confederation gained prestige.
C) Immigration increased dramatically.
D) More elected officials faced electoral challenges.
E) Deliberations shifted from state and local elected officials to federal judges.

Question 18

In Palko v. Connecticut, Justice Cardozo suggested that

A) certain rights are so fundamental that they are implicit in the concept of ordered liberty.
B) double jeopardy is a right that must be respected by the states.
C) freedom of speech is not implicit in ordered liberty.
D) the court should accept total incorporation.
E) the prohibition amendment was unconstitutional.

Question 19

The idea that much, but not all, of the Bill of Rights applies to the states is called

A) due process.
B) selective incorporation.
C) the exclusionary rule.
D) the incorporation doctrine.
E) total incorporation.

Question 20

The Establishment clause prohibits Congress from

A) enforcingits authority within the states.
B) creating a national religion.
C) preventing Americans from practicing their religion.
D) sending a bill to the president on a Sunday.
E) establishing a new Constitution.

Question 21

The free exercise clause states that Congress may not

A) enforce its authority within the states.
B) create a national religion.
C) prevent Americans from practicing their religion.
D) interfere with state legislation.
E) challenge an executive order.

Question 22

For the first century of the nation, the separation between church and state can best be described as

A) about the same as the separation today.
B) determined by acts of Congress.
C) nonexistent.
D) relatively little, compared to the separation imposed today.
E) very strict as compared to today's separation.

Question 23

Everson v. Board of Education dealt with

A) federal funds being used to support religion classes at public schools.
B) racial discrimination in parochial schools.
C) racial discrimination in public schools.
D) the Second Amendment.
E) transportation of children to parochial schools.

Question 24

Engel v. Vitale and Abington School District v. Schempp both dealt with

A) prayer in public schools.
B) prayer at city council meetings.
C) racial discrimination at public theaters.
D) racial discrimination in schools.
E) release time for public-school students to attend religious services.

Question 25

The Lemon test is three rules of thumb to govern

A) the distribution of federal aid.
B) the constitutionality of executive orders.
C) Congressional procedures.
D) the Supreme Court.
E) establishment clause cases.

Question 26

The court ruled that the phrase "under God" in the Pledge of Allegiance is constitutional because it does not violate the

A) Fourteenth Amendment.
B) establishment clause.
C) free exercise clause.
D) incorporation doctrine.
E) Second Amendment.

Question 27

The belief-conduct distinction states that

A) citizens must conduct themselves in alignment with religious beliefs regardless of personal belief.
B) religious ceremonies are subject to the scrutiny of federal investigators.
C) personal conduct should not conflict with the religious beliefs of others.
D) people may believe what they wish, but they must still adhere to state or federal laws that regulate personal behavior.
E) people may believe what they wish, provided it is approved by the state.

Question 28

Which of the following is an example of the Court's use of the balancing test regarding issues of religious conduct?

A) Denying unemployment compensation to employees fired for religious use of peyote
B) Permitting animal sacrifice during Santeria worship ceremonies
C) Prohibiting the wearing of a yarmulke in the military while on duty
D) Refusing Mormons the right to practice polygamy
E) Upholding vaccination laws over religious objections

Question 29

The Supreme Court struck down the Religious Freedom Restoration Act (RFRA) as it applied to the states because

A) Congress could not, through legislation, expand the constitutional right to free exercise of religion.
B) it gave too little authority to the federal government.
C) it placed too great a burden on religious institutions.
D) it violated the Fifth Amendment.
E) it was passed without prior consent of the Court.

Question 30

Prohibiting the publication of materials because of their harmful effects is called

A) fighting words.
B) libel.
C) prior restraint.
D) protected speech.
E) selective incorporation.

Question 31

Falsely shouting "fire" in a crowded theater is an example of

A) clear and present danger.
B) fighting words.
C) libel.
D) prior restraint.
E) unprotected speech.

Question 32

The government may restrict speech when it

A) is contrary to the beliefs of the president's political party.
B) suggests that a law may be unconstitutional.
C) is in opposition to current foreign policy.
D) creates a danger that they will bring about substantive evils.
E) supports a controversial position.

Question 33

The Smith Act banned

A) allowing illegal aliens to register to vote.
B) associating with known or suspected Communists.
C) permitting students to hold prayer services on public school grounds.
D) printing religious newspapers.
E) teaching or advocating the duty to overthrow any government in the United States by force or violence.

Question 34

Yates v. United States effectively ended

A) defense of faith-based newspapers.
B) prosecutions under the Smith Act.
C) school prayer.
D) the fear of Communism.
E) votes cast by illegal aliens.

Question 35

In Yates v. United States, the Court distinguished between

A) advocating overthrow as a doctrine and advocating action to that end.
B) active members of the Communist Party and those who advocate diversity of political opinion.
C) libel and slander.
D) publishing a paper as factual news and publishing it as a declaration of faith.
E) school prayer initiated by students and prayer initiated by school officials.

Question 36

Brandenburg v. Ohio remains the governing case for political speech questions, stating that nearly all political speech

A) in some way advocates violence against the government.
B) is protected unless it constitutes direct incitement.
C) is subject to the Smith Act.
D) is unlawful under the First Amendment.
E) must be approved by local authorities.

Question 37

How do slander and libel differ?

A) Slander includes erroneous statements, whereas libel is factual.
B) Slander is defamation made in speech, whereas libel is made in writing.
C) Slander is protected by the First Amendment, whereas libel is not.
D) Slander is truthful accusations, whereas libel includes false accusations.
E) Slander is written defamation, whereas libel is spoken defamation.

Question 38

The Supreme Court ruled that newspapers criticizing public officials could not be held legally responsible for libel unless they engaged in

A) political corruption.
B) wire-tapping.
C) actual malice.
D) illegal activities.
E) political campaigns.

Question 39

What court case first affirmed a woman's right to obtain an abortion?

A) Bowers v. Hardwick
B) Gonzales v. Carhart
C) Planned Parenthood v. Casey
D) Roe v. Wade
E) Webster v. Reproductive Health Services

Question 40

The case of Webster v. Reproductive Health Services was widely interpreted as

A) a signal that Roe v. Wade was unlikely to be overturned.
B) an invasion of privacy.
C) confirmation that a fetus is not commonly considered a human life.
D) identification of an "undue burden" that restrictions place on women.
E) permission for states to pass restrictions on abortion.

Question 41

Planned Parenthood v. Casey signaled that

A) the right to privacy does not extend to issues of morality.
B) the belief-conduct distinction did not extend to abortion cases.
C) Congress did not have the power to restrict abortions in any way.
D) Roe v. Wade would stand for the foreseeable future.
E) Roe v. Wade could soon be overturned,

Question 42

Which of the following has been reversed by the serving president several times in recent decades?

A) Roe v. Wade
B) The Born Alive Infants Protection Act
C) The Mexico City Policy
D) The Partial Birth Abortion Ban
E) The Planned Parenthood Act

Question 43

Since 1973, abortion policy has been largely controlled by

A) ballot initiatives.
B) decisions made by the Supreme Court.
C) deliberations at the state level.
D) federal laws.
E) presidential orders.

Question 44

Bowers v. Hardwick dealt with the issue of

A) abortion.
B) censorship.
C) homosexuality.
D) polygamy.
E) pornography.

Question 45

In the Court's ruling in Bowers v. Hardwick, it

A) did not rule on the merits.
B) held that the law was an invasion of privacy.
C) ruled that the plaintiff did not have standing to sue.
D) struck down the law.
E) upheld Georgia's right to make the law.

Question 46

According to Justice Anthony Kennedy's opinion in Lawrence v. Texas, the _____ clause gives people the right to engage in their conduct without intervention of the government.

A) due process
B) establishment
C) implied powers
D) necessary and proper
E) supremacy

Question 47

How does pornography differ from obscenity?

A) Obscenity has redeeming social value.
B) Obscenity is protected by law.
C) Pornography is a broader category, referring to any depiction of erotic behavior intended to cause sexual excitement.
D) Obscenity is a broader category, referring to any depiction of erotic behavior intended to cause sexual excitement.
E) Pornography and obscenity are legally interchangeable terms.

Question 48

In what two instances may the government regulate display or distribution of sexual materials?

A) Advertisements and television programs
B) Child pornography and advertisements
C) Child pornography and cost of publication
D) Zoning of sexual entertainment and child pornography
E) Zoning of sexual entertainment and cost of publication

Question 49

In recent decades, some feminists have added a twist to the battle over pornography by claiming that

A) it is essentially an assault on all women and violates their civil rights.
B) it is more often aimed at men and does not provide women with equal products.
C) sexual entertainment establishments do not pay competitive wages for female employees.
D) the industry discriminates against women by hiring more men.
E) the industry should be expanded to provide more employment opportunities for women.

Question 50

When did the Supreme Court first rule directly on the Second Amendment?

A) Shortly after the adoption of the Bill of Rights
B) During the Civil War
C) In the twenty-first century
D) In the first decade of the twentieth century
E) After World War II

Question 51

The Supreme Court's ruling in District of Columbia v. Heller meant that

A) the Second Amendment referred only to the arming of National Guard troops.
B) the Second Amendment is unlimited.
C) the government cannot prohibit the carrying of firearms in schools and government buildings.
D) the District of Columbia could not prohibit the keeping of handguns in the home.
E) states were free to ban the keeping of handguns in the home.

Question 52

Which of the following is not one of the provisions for criminal defendants listed in the original Constitution?

A) Bills of attainder
B) Ex post facto laws
C) Habeas corpus
D) Miranda rights
E) Trial by jury in criminal cases

Question 53

What is one reason cited in the text that the founders identified essential rights of criminal defendants?

A) They believed most defendants were actually innocent.
B) They wanted to protect people against tyrannical and unjust use of criminal courts.
C) They did not trust the courts.
D) Criminal defendants were well protected in Britain, and the founders wanted to copy the British court system.
E) The Anti-Federalist refused to ratify the Constitution without such provisions.

Question 54

A man is accused of owning an illegal weapon that was discovered by the police during a search of the defendant's home without a warrant or probable cause. The case is most likely dismissed due to lack of evidence because

A) only federal laws deal with gun ownership and the police acted on local authority only.
B) seizures are illegal unless the suspect is given prior warning.
C) the exclusionary rule prohibits the prosecution from presenting the weapon as evidence since it was unlawfully seized.
D) the laws governing what constitutes an illegal weapon are unclear and have not been thoroughly tested in the courts.
E) the police did not follow the basic rules of the clear and present danger test.

Question 55

The Supreme Court extended the exclusionary rule to the state courts in order to

A) strengthen the federal government.
B) strip power from the states.
C) weaken the Constitution.
D) decrease criminal convictions.
E) deter improper police behavior.

Question 56

In Gideon v. Wainwright the Court ruled that

A) indigent defendants must be provided with counsel.
B) police must inform criminal suspects of their specific rights.
C) evidence presented in court must be obtained with a proper warrant.
D) criminal defendants have the right to be tried by a jury of their peers.
E) a judge may replace a grand jury in certain instances.

Question 57

According to seditious libel, it is illegal to

A) criticize the government to the extent of undermining public support and respect.
B) declare one's citizenship null in a time of war.
C) incite violence by advocating the forcible overthrow of the government.
D) knowingly print false accusations against a city official.
E) refuse to abide by acts of Congress or orders of the president in times of war.

Question 58

Which of the following remains part of federal law today?

A) Virginia Resolution
B) Sedition Act
C) Kentucky Resolution
D) Alien Enemies Act
E) Alien Act

Question 59

The first declaration of martial law occurred at the end of the

A) Revolutionary War.
B) War of 1812.
C) Mexican-American War.
D) Civil War.
E) Vietnam War.

Question 60

Although the Habeas Corpus Act authorized the president to suspend habeas corpus, it did require him to

A) bring charges against those detained within days and release them if there was insufficient evidence to convict.
B) identify those detained to federal judges and release them if not indicted under criminal law.
C) notify Congress beforehand.
D) obtain the approval of the Chief Justice.
E) submit to Congress a complete roster of those detained once a week until habeas corpus could be reinstated.

Question 61

Eugene V. Debs was convicted under the Espionage Act for

A) associating with known Communists.
B) praising individuals for failing to register for the draft.
C) printing and distributing anti-war leaflets.
D) publicly advocating socialism.
E) urging the forcible overthrow of the government.

Question 62

In what way did the effects on civil liberties differ in the Civil War and World War I?

A) President Wilson issued more orders regarding civil liberties than President Lincoln.
B) Laws passed by Congress were more influential during the Civil War than during World War I.
C) Federal courts were more active and effective in litigating civil liberties cases during World War I than during the Civil War.
D) Federal courts addressed more civil liberties complaints during the Civil War than during World War I.
E) During the Civil War, habeas corpus was not suspended as it was in World War I.

Question 63

What was the most controversial deprivation of civil liberties in the United States during wartime?

A) Suspension of habeas corpus during the Civil War
B) Sedition Act of 1918
C) Internment of Japanese Americans during World War II
D) Espionage Act of 1917
E) Selective Service

Question 64

Of the ethnic Japanese who were relocated during World War II, the majority were

A) actively seeking to damage the U.S. government.
B) citizens of the United States.
C) criminals.
D) immigrants from Japan.
E) in the United States illegally.

Question 65

Which landmark case addressed the habeas corpus rights of foreign detainees at Guantánamo Bay?

A) Boumediene v. Bush
B) Ex Parte Quirin
C) Hamdan v. Rumsfeld
D) Hamdi v. Rumsfeld
E) Miranda v. Arizona

Question 66

In deliberating on issues of civil liberties, what particular perspective are members of Congress likely to bring?

A) They are likely to reflect broad public desires.
B) They are most concerned about the number of lawsuits that may result from individual acts.
C) They first address how civil liberties will affect taxes.
D) They most often have a concern for individual rights.
E) They tend to think first about national security.

Question 67

What is the difference between civil rights and civil liberties? Give examples of each and describe what tensions arise in deliberations about government's role in securing rights while meeting other obligations.

Question 68

How has the incorporation of the Bill of Rights changed over the course of American history?

Question 69

When may the government legitimately regulate religious conduct? How has the Supreme Court used the belief-conduct distinction and a balancing test in cases concerning religious conduct?

Question 70

What limitations may the government place on free speech?

Question 71

How has the government attempted to regulate morality? What role has the Supreme Court played in such regulations?

Question 72

How does the Constitution explicitly protect criminal defendants? What were the reasons the framers included these provisions?

Question 73

How did the exclusionary rule come into use? Why does it remain controversial?

Question 74

How did the restrictions and regulations of civil liberties differ in the Civil War, World War I, and World War II?

Question 75

How does deliberation on issues of civil liberties vary in the three branches of government?

Question 76

How have civil liberties been expanded and restricted throughout American history? In particular, how have civil liberties changed over the past century?