Deck 4: Civil Liberties and Civil Rights

Question 1

What was the main reason that Alexander Hamilton opposed a bill of rights?

A) He believed that too many individual liberties diminished the trust between citizen and government.
B) He believed it was unnecessary for a national government to possess only explicitly delegated powers.
C) He believed that a bill of rights would make the Constitution too specific and cumbersome.
D) He believed that a bill of rights would lead to many frivolous lawsuits.

Answer 1

B

Question 2

Which of the following statements about selective incorporation is most accurate?

A) By 1865, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
B) By 1961, all of the provisions of the Bill of Rights had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
C) Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.
D) Until 1994, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.

Answer 2

C

Question 3

The ________ clause of the First Amendment protects an individual's right to believe and practice whatever religion he or she chooses.

A) establishment
B) free association
C) free exercise
D) religious freedom restoration

Answer 3

C

Question 4

________ argued that there was a "wall of separation" between church and state.

A) George Washington
B) James Madison
C) Ben Franklin
D) Thomas Jefferson

Question 5

Which of the following statements best describes the impact of the Fourteenth Amendment?

A) The Fourteenth Amendment forced state governments to abide by all of the provisions in the Bill of Rights.
B) The Fourteenth Amendment had no effect on state governments because it was designed to apply only to the federal government.
C) The Fourteenth Amendment forced state governments to abide by almost every provision in the Bill of Rights, but the process took over 100 years.
D) The Fourteenth Amendment required states to abide by the First Amendment to the Constitution but not any of the other amendments to the Constitution.

Question 6

In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that

A) Amish children are not required to attend school past the age of 12.
B) children cannot be required to salute the flag if it violates their religious faith.
C) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
D) prayer in school violates the establishment clause.

Question 7

Near v. Minnesota (1931) is significant because it

A) struck down ex post facto laws.
B) protected the right of habeas corpus.
C) forced state governments to obey the Second Amendment of the Constitution.
D) held that the First Amendment prohibits government agencies from seeking to prevent newspapers or magazines from publishing whatever they wish.

Question 8

Which of the following is true about the Bill of Rights?

A) It includes the first ten amendments to the U.S. Constitution.
B) It includes all of the civil liberties and civil rights found in the U.S. Constitution.
C) It is the first national Constitution of the United States.
D) It is the First Amendment to the U.S. Constitution.

Question 9

The first provision of the Bill of Rights to be incorporated into the Fourteenth Amendment as a limitation on state power was the

A) First Amendment's protection for freedom of the press.
B) First Amendment's protection for freedom of speech.
C) First Amendment's protection for freedom of assembly.
D) Fifth Amendment's prohibition on states from taking private property for a public use without just compensation.

Question 10

During the Founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution.

A) Federalists
B) Antifederalists
C) merchants and landowners
D) slaves

Question 11

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called

A) habeas corpus.
B) selective incorporation.
C) the incorporation clause.
D) cooperative federalism.

Question 12

The Bill of Rights was ratified by the states in

A) 1776.
B) 1787.
C) 1791.
D) 1812.

Question 13

The text of the Fourteenth Amendment says

A) "the right of the people to keep and bear arms, shall not be infringed."
B) "no person shall . . . be twice put in jeopardy of life or limb."
C) "no soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
D) "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Question 14

The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment.

A) First
B) Fourth
C) Tenth
D) Fourteenth

Question 15

Which of the following best describes the Supreme Court's first ruling on the nationalization of the Bill of Rights in 1833?

A) The takings clause restricts national and state governments but not local governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.

Question 16

The so-called wall of separation between church and state is best found in which clause of the Constitution?

A) the free exercise clause
B) the establishment clause
C) the equal protection clause
D) the wall of separation clause

Question 17

Habeas corpus refers to

A) any law that declares an action to be illegal after it has been committed.
B) the right of government to take private property for public use.
C) a law that declares a person guilty of a crime without a trial.
D) a court order demanding that an individual in custody be brought into court and shown the cause for detention.

Question 18

DeJonge v. Oregon (1937) and Everson v. Board of Education (1947) were significant Supreme Court cases because they

A) asserted that the First Amendment applied only to the national government and not to state governments.
B) incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
C) upheld the constitutionality of bills of attainder.
D) protected the right of habeas corpus.

Question 19

The Bill of Rights was adopted because the

A) Antifederalists demanded it as the price of ratification of the Constitution.
B) Federalists realized that no Constitution would last for long without a bill of rights.
C) federal government in the early days of the republic was violating too many individual rights.
D) Supreme Court ruled that a bill of rights was needed.

Question 20

________ are areas of personal freedom with which governments are constrained from interfering.

A) Civil rights
B) Political rights
C) Electoral rights
D) Civil liberties

Question 21

West Virginia State Board of Education v. Barnette (1943) was significant because it

A) endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) banned prayers in public schools.

Question 22

The Supreme Court ruled that the First Amendment did not require schools to permit students to advocate illegal drug use in the case

A) Dennis v. United States.
B) R.A.V. v. City of St. Paul.
C) Morse v. Frederick.
D) Buckley v. Valeo.

Question 23

In Snyder v. Phelps (2011), the Supreme Court ruled that

A) religious organizations cannot lose their tax exempt status under federal law simply because they organized a protest event at the funeral service of a soldier.
B) religious organizations must lose their tax exempt status under federal law if they organize protest events at funeral services.
C) protests during funeral services for military personnel can be prohibited by state governments even if held in a public place.
D) the First Amendment protects free speech in a public place against emotional distress lawsuits.

Question 24

The Supreme Court case New York Times v. United States (1971) was related to which First Amendment concept?

A) speech plus
B) prior restraint
C) fighting words
D) hate speech

Question 25

Why was New York Times v. Sullivan (1964) significant?

A) The justices ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B) The justices ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C) The justices ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D) The justices ruled that "shield laws" were unconstitutional.

Question 26

Van Orden v. Perry (2005) and McCreary v. ACLU (2005) show that

A) the issue of government-sponsored religion has not yet been definitively settled.
B) there are different opinions about the establishment clause and whether it should apply to states as well as the federal government.
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D) the Lemon test does not apply to cases involving school prayer.

Question 27

The rights to assembly and petition are guaranteed by the same amendment that guarantees

A) free speech.
B) due process.
C) privacy.
D) the right to bear arms.

Question 28

Why did the Supreme Court rule that the Communications Decency Act was unconstitutional?

A) The act attempted to impose prior restraint on newspapers.
B) The act violated the First Amendment's right to freedom of assembly.
C) The act granted too much authority to the executive branch and therefore violated the separation of powers.
D) The act attempted to protect children by suppressing speech that adults have a constitutional right to receive.

Question 29

Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because

A) state laws that make flag burning a crime are too lenient.
B) state laws that make flag burning a crime are too harsh.
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D) the Supreme Court has already ruled that flag burning is a crime.

Question 30

According to the Supreme Court, which of the following is true about high school students in public schools?

A) High school students have the same free speech rights as adults.
B) The justices have always provided a broad protection of free speech rights for high school students.
C) High school students have conditionally protected speech.
D) High school students have no free speech rights whatsoever.

Question 31

Which of the following statements about high school students in public schools is most accurate?

A) The Supreme Court has ruled that high school students have more freedom of speech rights than adults and their speech can never be regulated in any way.
B) The Supreme Court has ruled that high school students have exactly the same free speech rights as adults.
C) The Supreme Court has ruled that high school students have conditionally protected speech that can be constitutionally regulated under certain circumstances.
D) The Supreme Court has ruled that high school students have no free speech rights at all and their speech can be regulated in any way government sees fit.

Question 32

An Arkansas prison policy prohibiting beards was struck down as a violation of a Muslim man's ability to freely exercise his religion in the case

A) Cantwell v. Connecticut.
B) Holt v. Hobbs.
C) Van Orden v. Perry.
D) McCreary County v. American Civil Liberties Union of Kentucky.

Question 33

Conflicts over whether public schools should be allowed to assign readings from the Bible and lead nondenominational prayers are examples of disagreements over the

A) meaning of selective incorporation.
B) meaning of the establishment clause.
C) applicability of prior restraint.
D) meaning of eminent domain.

Question 34

In EEOC v. Abercrombie & Fitch Stores, Inc.(2015), the Supreme Court ruled that

A) the Ten Commandments cannot be displayed at a privately owned retail store.
B) Title VII of the U.S. Code prevents retail stores from refusing to hire Muslim women who wear head scarves in violation of company dress policies.
C) Title VII of the U.S. Code allows retail stores to refuse hiring Muslim women who wear head scarves in violation of company dress policies.
D) Native Americans cannot be fired from their jobs at privately owned companies for smoking peyote during religious ceremonies.

Question 35

Freedom of speech and of the press have a special place in the American system because

A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
C) they have never been restricted in the history of the United States.
D) they were the only liberties explicitly mentioned in Article I of the Constitution.

Question 36

What was Justice Potter Stewart talking about when he declared, "I know it when I see it"?

A) free speech
B) slander
C) pornography
D) sedition

Question 37

What were the Alien and Sedition Acts?

A) laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States
B) laws that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations
C) laws passed during the Civil War denying Confederate sympathizers the right to free speech
D) a law passed by Congress in 1921 that restricted immigration to the United States

Question 38

The first test for determining when the government may intervene to suppress political speech was called the ________ test.

A) speech plus
B) clear and present danger
C) strict scrutiny
D) Lemon

Question 39

The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called

A) libel.
B) prior restraint.
C) strict scrutiny.
D) speech plus.

Question 40

Which of the following forms of speech receives the greatest level of First Amendment protection?

A) slander
B) obscenity
C) libel
D) political speech that stops short of inciting violence

Question 41

The Fourth, Fifth, Sixth, and Eighth amendments are largely about

A) protections for those accused of committing crimes.
B) the right to privacy.
C) the demands that citizens be treated equally.
D) the limits of Congress regarding economic regulation.

Question 42

Which statement about "fighting words" is most accurate?

A) "Fighting words" have been considered protected speech throughout American history, and the Supreme Court has always reversed convictions based on arguments that the speaker used "fighting words."
B) Since the 1950s, the Supreme Court has been inconsistent in its rulings on "fighting words" cases and chosen to overturn convictions only when they involve "hate speech."
C) Since the 1950s, the Supreme Court has reversed almost every conviction based on arguments that the speaker used "fighting words."
D) Since the 1950s, the Supreme Court has never reversed a conviction based on arguments that the speaker used "fighting words."

Question 43

McDonald v. Chicago (2010) was significant because it

A) applied the Second Amendment to state governments.
B) rejected the idea that the Second Amendment applies to state governments.
C) concluded that the Second Amendment applies only to state governments and not to the federal government.
D) upheld the state of Illinois's restrictions on gun ownership by former felons.

Question 44

The Supreme Court has not given full protection to fighting words because

A) such words are not part of the essential exposition of ideas.
B) they are a form of sedition.
C) they are a form of obscenity.
D) they are necessarily slanderous.

Question 45

The requirement that a person under arrest be informed of his or her right to remain silent is known as the ________ rule.

A) Mapp
B) Gideon
C) Miranda
D) Escobedo

Question 46

The Fourth Amendment protects citizens against

A) cruel and unusual punishment.
B) unreasonable searches and seizures.
C) self-incrimination.
D) quartering military troops in private homes.

Question 47

________ prevent(s) people from being tried twice for the same crime.

A) Self-incrimination
B) Double jeopardy
C) Unreasonable seizures
D) Cruel and unusual punishment

Question 48

When New York Times reporter Judith Miller was jailed in 2005, it illustrated that

A) the press has no constitutional right to withhold information in court.
B) prior restraint is permitted in cases that involve national security.
C) journalists are held to a higher standard of libel than ordinary citizens.
D) journalists can be punished for reporting inaccurate information on political stories.

Question 49

The takings clause states that the government may not seize private property

A) without prior notification.
B) without just compensation.
C) without returning it in due time.
D) for any reason.

Question 50

Which of the following statements best summarizes the federal courts' rulings on Internet content?

A) The courts have declared that service providers are not immune from suits regarding the content of material posted by others.
B) The courts have declared that service providers are immune from suits regarding the content of material posted by others.
C) The courts have ruled that the federal government can make posting pornography online a crime.
D) The courts have ruled that selling child pornography online cannot be outlawed because it is protected expression under the First Amendment.

Question 51

If the government stopped the New York Times from releasing the transcripts of cell phone conversations between world leaders, it would be called

A) sedition.
B) speech plus.
C) prior restraint.
D) clear and present danger.

Question 52

In Maryland v. King (2012), the Supreme Court

A) ruled that police are constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest.
B) ruled that police are allowed to seize and search the digital contents of a cell phone during an arrest.
C) upheld a policy of DNA testing of arrestees without providing evidence of individualized suspicion.
D) ruled that law enforcement cannot attach a GPS device to a person's car and monitor his or her movements without a warrant.

Question 53

Near v. Minnesota (1931) established the principle that

A) the government could block publication of newspapers during a time of crisis such as the Cold War.
B) only under the most extraordinary circumstances could the government prevent the publication of newspapers and magazines.
C) news articles that were not truthful received no First Amendment protection.
D) the news media could not publish obscene material.

Question 54

In Riley v. California (2014), the Supreme Court

A) ruled that police are constitutionally prohibited from seizing and searching the digital contents of a cell phone during an arrest.
B) ruled that police are allowed to seize and search the digital contents of a cell phone during an arrest.
C) upheld a policy of DNA testing of arrestees without providing evidence of individualized suspicion.
D) ruled that law enforcement cannot attach a GPS device to a person's car and monitor his or her movements without a warrant.

Question 55

The exclusionary rule was applied to all levels of government by the Supreme Court in which case?

A) Miranda v. Arizona (1966)
B) Near v. Minnesota (1931)
C) Mapp v. Ohio (1961)
D) Griswold v. Connecticut (1965)

Question 56

The right to remain silent is guaranteed by the ________ Amendment.

A) First
B) Fifth
C) Sixth
D) Ninth

Question 57

Which of the following statements about flag burning is most accurate?

A) Flag burning is illegal in every state and is a crime under federal law.
B) Flag burning is a federal crime but is legal in 35 states.
C) Flag burning is illegal in 35 states but is not a federal crime.
D) Since 1995, the House of Representatives has seven times passed a resolution for a constitutional amendment to ban flag burning, but each time, the Senate has failed to go along.

Question 58

The ________ rule forbids the introduction in trial of any piece of evidence that has been obtained illegally.

A) warrant
B) exclusionary
C) Miranda
D) ex post facto

Question 59

What is a grand jury?

A) a jury used in federal courts
B) a jury that determines whether there is enough evidence to justify a trial
C) a jury that determines the sentence after guilt has been proven
D) a jury that determines whether the rights of the accused have been violated

Question 60

The Second Amendment to the U.S. Constitution deals with

A) the right to bear arms.
B) the quartering of troops.
C) due process.
D) self-incrimination.

Question 61

The Supreme Court articulated a right to privacy in a case involving

A) a law criminalizing abortion.
B) access to birth control.
C) the right to die.
D) sodomy laws.

Question 62

In Lawrence v. Texas (2003), the Supreme Court ruled that

A) there was no constitutional right to physician-assisted suicide.
B) laws criminalizing sexual behavior are a violation of the right to privacy.
C) states may compel a 48-hour waiting period before permitting a woman to have an abortion.
D) mandatory locker searches in public schools did not violate the Fourth Amendment.

Question 63

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

A) a constitutional right to privacy.
B) American due process.
C) a test that can be used to determine what is protected speech.
D) the rights of individuals accused of crimes.

Question 64

"Due process of law" is generally defined by the ________ amendments.

A) First, Second, Third, and Fourth
B) First, Second, Ninth, and Tenth
C) Second, Third, Fourth, and Fifth
D) Fourth, Fifth, Sixth, and Eighth

Question 65

________ states have statutes providing for capital punishment, while ________ states have statutes banning the death penalty.

A) Zero; 50
B) Nineteen; 31
C) Twenty-five; 25
D) Thirty-one; 19

Question 66

The Eighth Amendment prohibits

A) double jeopardy.
B) cruel and unusual punishment.
C) denial of counsel in felony trials.
D) the violation of habeas corpus.

Question 67

What did the Thirteenth Amendment accomplish?

A) It abolished slavery.
B) It guaranteed voting rights for African American men.
C) It guaranteed equal protection of the laws.
D) It granted women the right to vote.

Question 68

The due process clause of the Fifth Amendment is best described as a

A) substantive civil liberty.
B) procedural civil liberty.
C) civil right.
D) delegated power.

Question 69

The Fifteenth Amendment to the Constitution guarantees

A) women the right to vote.
B) equal pay for all races.
C) African American men the right to vote.
D) due process of law to all citizens of the United States.

Question 70

A woman's constitutional right to privacy was established in

A) Mapp v. Ohio (1961).
B) Gideon v. Wainwright (1963).
C) Griswold v. Connecticut (1965).
D) Roe v. Wade (1973).

Question 71

The term eminent domain describes the

A) power of the government to seize private property for public use.
B) right of individuals not to have their private property seized by the government.
C) power of the Supreme Court to declare the meaning and scope of all civil liberties.
D) power of state governments to ignore a law enacted by the federal government.

Question 72

Which of the following statements about the death penalty is most accurate?

A) Almost every Western nation still executes criminals.
B) America, Canada, France, and Norway are the only Western nations that still execute criminals.
C) America is the only Western nation that still executes criminals.
D) America and Canada are the only Western nations that still execute criminals.

Question 73

Which of the following statements about grand juries is most accurate?

A) The Fifth Amendment provision for a grand jury has never been incorporated into the Fourteenth Amendment to apply to state criminal prosecutions.
B) The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1802.
C) The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1902.
D) The Fifth Amendment provision for a grand jury was incorporated into the Fourteenth Amendment to apply to state criminal prosecutions in 1962.

Question 74

What was the Supreme Court's response to the Civil Rights Act of 1875?

A) The Court upheld the act as constitutional.
B) The Court declared the act unconstitutional because it protected against acts of private discrimination rather than state discrimination.
C) The Court declared the act unconstitutional because Congress had violated the principles of federalism.
D) The Court declared the act unconstitutional because Congress had violated the separation of powers.

Question 75

Between 1976 and 2014, state governments executed ________ people.

A) 0
B) 12
C) 124
D) 1,384

Question 76

The Civil Rights Act of 1875 attempted to

A) protect former slaves from discrimination in public accommodations such as hotels and theaters.
B) protect African Americans against disenfranchisement in the voting booth.
C) expand the protections of the Fourteenth Amendment to recent Asian immigrants.
D) protect women against disenfranchisement in the voting booth.

Question 77

The fact that federal judges have relied on a discretionary use of the exclusionary rule in recent years means that

A) states are no longer required to provide legal counsel to people accused of crimes.
B) it is difficult to know whether a defendant will be protected from an illegal search under the Fourth Amendment.
C) defendants will never be protected from illegal searches under the Fourth Amendment.
D) defendants will always be protected from illegal searches under the Fourth Amendment.

Question 78

The right to legal counsel in a criminal proceeding is guaranteed by the ________ Amendment.

A) Fourth
B) Fifth
C) Sixth
D) Seventh

Question 79

Gideon v. Wainwright (1963) established the right

A) to legal counsel in felony cases.
B) against self-incrimination.
C) against suspicionless searches and seizures.
D) to an open trial before a judge.

Question 80

Miranda v. Arizona (1966) was important because it produced rules that must be used

A) to judge whether printed materials are pornographic.
B) to determine if some element of the Bill of Rights should be applied to the states.
C) to determine whether a warrant should be issued for a police search.
D) by the police before questioning an arrested criminal suspect.