Deck 15: Freedom: the Struggle for Civil Liberties

Question 1

Which of the following is assured in the Second Amendment?

A) Congress may not make any law with respect to the establishment of religion.
B) Congress may not abridge the free exercise of religion.
C) Congress may not abridge the right to assemble or petition the government.
D) Congress may not infringe on the right to keep and bear arms.
E) None of the above

Answer 1

D

Question 2

The original Constitution (without formal amendments)

A) prohibited Congress from interfering in matters of conscience and private speech.
B) protected few liberties from the national and state governments.
C) mentioned no liberties to be protected from the national government.
D) listed a slew of liberties to be protected from the national and state governments.
E) protected individuals from state intrusion and abuses.

Answer 2

B

Question 3

Which of the following are examples that the authors of your text use to demonstrate campus speech codes?

A) During a class at the University of Michigan, a student argued that homosexuality could be treated with psychotherapy.

B) At Southern Methodist University, a student was sentenced to work for 30 hours with minority organizations because, among other things, he sang "We Shall Overcome" in a sarcastic manner.
C) At San Diego State University a student was admonished by school administrators and warned that he might be expelled for getting into a heated argument with four Arab students he encountered in the school's library who had been quietly celebrating the September 11 attacks on the World Trade Center.

D) In 2002, a student at California Poly posted fliers for a talk by black conservative C. Mason Weaver, who believes that government assistance programs keep African Americans locked in dependence and poverty.
E) All of the above

Answer 3

E

Question 4

The Constitution

A) offered a government with a weak central government.
B) strengthened the influence of state governments.
C) lays the foundation of American liberties.
D) was unrelated to a Federalist argument.
E) was the first constitution of the United States.

Question 5

According to the Constitution, the writ of habeas corpus may be suspended

A) when public safety demands it because of rebellion or invasion.
B) in an election year.
C) in secret, based on national security concerns from abroad.
D) when a unanimity of Supreme Court justices support it.
E) after agreement by both Houses of Congress and the Supreme Court.

Question 6

It could be argued that an important concern of the framers of the Constitution was

A) establishing a society in which all people would eventually have an equal political voice.
B) establishing a society in which the practice of liberty was paramount.
C) establishing a society in which democracy would function efficiently.
D) establishing a society in which the costs of government would be equally shared by all people.
E) promoting the ideals of equality.

Question 7

The original Constitution (without formal amendments) prohibited Congress and the states from

A) interfering in the practice of religion.
B) infringing on the right to keep and bear arms.
C) passing ex post facto laws.
D) permitting unreasonable searches and seizures.
E) cruel and unusual punishment.

Question 8

An ex post facto law

A) is

a law that retroactively declares some action illegal.

B) is a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
C)

is the right to own and use property free from excessive government interference.
D)

is the legal doctrine that a person who is arrested must have a timely hearing before a judge.

E)

are freedoms found primarily in the Bill of Rights that are protected from government interference.

Question 9

The writ of habeas corpus

A) is

a law that retroactively declares some action illegal.

B) is a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
C)

is the right to own and use property free from excessive government interference.
D)

is the legal doctrine that a person who is arrested must have a timely hearing before a judge.

E)

are freedoms found primarily in the Bill of Rights that are protected from government interference.

Question 10

Prohibitions against government actions that threaten the enjoyment of freedom are called

A) civil liberties.
B) injunctions.
C) federalism.
D) civil rights.
E) popular rights.

Question 11

The original and unamended Constitution guaranteed each of the following EXCEPT

A) protection from suspending the writ of habeas corpus.
B) protection from bills of attainder.
C) prohibition of states to impair the obligation of contracts.
D) protection from ex post facto laws.
E) protection of the free exercise of religion.

Question 12

A bill of attainder

A) is a law that retroactively declares some action illegal
B) is a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
C) is t

the right to own and use property free from excessive government interference.
D) is t

the legal doctrine that a person who is arrested must have a timely hearing before a judge.

E) are f

freedoms found primarily in the Bill of Rights that are protected from government interference.

Question 13

Which of the following is assured in the Third Amendment?

A) Congress may not infringe on the right to keep and bear arms.
B) Congress may not station soldiers in houses against the owner's will, except in times of war.
C) Citizens are free from unreasonable searches and seizures.
D) Excessive bail and fines are prohibited.
E) Right to privacy.

Question 14

Civil liberties refer to

A) constitutional provisions, laws, and practices that protect individuals from governmental interference.
B) governmental responsibility for guaranteeing that all citizens are able to participate as equals in the practice of democratic life.
C) the elimination of formal barriers to equal participation by groups of people, such as minorities.
D) guarantees of rights that protect citizens from unfair or unjust actions by other individuals.
E) guarantees for equal results in American society.

Question 15

Which of the following is permitted by the U.S. Constitution?

A) Congress may enact ex post facto law only when expressly authorized by an executive order.
B) Congress may pass bills of attainder only during periods of emergency such as wartime.
C) Congress may suspend the writ of habeas corpus only when public safety demands it in times of rebellion or invasion.
D) Congress may limit the president's commander-in-chief powers only when it appears that excessive force will be used.
E) Congress may limit freedom of religion during wartime.

Question 16

Civil liberties are

A)

laws that retroactively declare some actions illegal.

B) governmental decrees that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
C) t

the rights to own and use property free from excessive government interference.
D) t

the legal doctrines that a person who is arrested must have a timely hearing before a judge.

E) f

freedoms found primarily in the Bill of Rights that are protected from government interference.

Question 17

"Full faith and credit" is found

A) throughout the Bill of Rights.
B) in the First Amendment only.
C) in the Fourth Amendment only.
D) in Article IV of the U.S. Constitution.
E) in the Declaration of Independence.

Question 18

The framers believed that government

A) would not really threaten liberty.
B) was liberty.
C) itself would threaten liberty if it became too powerful.
D) would be dissolved by the people if it threatened liberty.
E) None of the above

Question 19

Economic liberty

A) is

a law that retroactively declares some actions illegal.

B) is a governmental decree that a person is guilty of a crime that carries the death penalty, rendered without benefit of a trial.
C) is t

the right to own and use property free from excessive government interference.
D) is

the legal doctrine that a person who is arrested must have a timely hearing before a judge.

E) are

freedoms found primarily in the Bill of Rights that are protected from government interference.

Question 20

A government decree that a person is guilty of a crime without benefit of a trial is called

A) civil rights.
B) habeas corpus.
C) a bill of attainder.
D) ex post facto law.
E) limited infringement.

Question 21

Selective incorporation is the process by which

A) the courts presume the constitutionality of most legislative enactments.
B) prosecutors have been allowed to use evidence obtained from illegal searches if other evidence unrelated to the illegal evidence would have justified a search warrant.
C) the Supreme Court has extended fundamental rights against state action.
D) sexual harassment was defined so that workers only had to show that the work environment was hostile or abusive.
E) territories and islands become states.

Question 22

Under Chief Justice Taney, from 1836 to 1864, the Supreme Court tended to

A) lean towards freedom for slaves and equal protection.
B) favor economic growth over the personal enjoyment of property.
C) favor the rights of workers to organize and sue for just wages.
D) support the rights of blacks to vote and hold property.
E) expand civil liberties for individuals.

Question 23

The __________ clause was an important defense of property rights against interference by the states.

A) commerce
B) contract
C) full faith and credit
D) privileges and immunities
E) elastic

Question 24

During the nineteenth century, property rights in the United States

A) were expanded and altered to make them consistent with the industrial economy.
B) had little constitutional protection beyond congressional statute.
C) were a minor focus of the Supreme Court under Marshall and Taney.
D) were narrowly defined to allow for the rights of labor unions and the regulation of commerce.
E) None of the above

Question 25

The Supreme Court has pursued ________ of the rights and liberties in the Bill of Rights.

A) deactivation
B) denationalization
C) selective incorporation
D) abolishment
E) total incorporation

Question 26

Protecting __________ was prioritized by the U.S. Supreme Court in the nineteenth century.

A) the right to keep and bear arms
B) freedom of speech
C) equality
D) property rights
E) group sovereignty

Question 27

The due process clause

A) was interpreted to protect business interests against regulatory efforts of the states in the nineteenth century.
B) was interpreted to protect labor interests against regulatory efforts of the states in the nineteenth century.
C) was interpreted to limit business interests and promote regulatory efforts of the states in the nineteenth century.
D) was intended to limit only violations of federal laws.
E) None of the above

Question 28

"Nationalizing" the Bill of Rights refers to the

A) twentieth century process of overturning unpopular civil rights and liberties.
B) nineteenth century process of rendering protection of rights meaningless.
C) states' attempts to enforce Supreme Court decrees.
D) twentieth century process of making them obligatory at the state level.
E) application of the Bill of Rights to restrict federal government action.

Question 29

Which economic liberty was guaranteed in the original Constitution (without formal amendments)?

A) Congress may not regulate interstate commerce.
B) No state may pass a law impairing the obligation of contracts.
C) Congress cannot abridge freedom of speech.
D) No state may pass an income tax.
E) The right of the federal government to levy an income tax.

Question 30

The case of Gitlow v. New York is important because it

A) incorporated the freedom of speech to the states.
B) first applied the Fourteenth Amendment to a constitutional question.
C) addressed the free exercise of religion.
D) addressed the meaning of the Ninth Amendment.
D) addresses the establishment of religion.

Question 31

The Supreme Court, from 1801 to 1835, under John Marshall tended to protect

A) individual freedoms against the states.
B) individual rights against large corporations.
C) the right of slaves to sue for freedom.
D) private property against the states.
E) states rights.

Question 32

Which of these became the first area of incorporation?

A) Freedom of religion
B) Freedom of press
C) Freedom of speech
D) Freedom of assembly
E) Search and seizure

Question 33

When a law falls under "strict scrutiny" by the courts, it means the

A) law involves the rights of criminal defendants.
B) courts have ordered the legislature of origin to rewrite the law.
C) law has significant constitutional ramifications.
D) law is presumed to be unconstitutional unless the court is convinced otherwise.
E) law is presumed constitutional unless the court is shown otherwise

Question 34

The process of selective incorporation

A) is how the presidency gradually became more powerful over time.
B) is how the bureaucracy developed out of the Constitution.
C) is how the U.S. Supreme Court gradually applied the Bill of Rights to the states.
D) is how the national government gradually became more powerful over the first half of the nineteenth century.
E) None of the above

Question 35

Which of the following is assured in the Eighth Amendment?

A) Cruel and unusual punishments are prohibited.
B) Criminal trials in national courts must be jury trials in the state in which the defendant is alleged to have committed the crime.
C) Citizens have the right to face their accuser and to cross-examine witnesses.
D) Congress may not infringe on the right to keep and bear arms.
E) Congress may not abridge the right to assemble.

Question 36

Most of our civil rights and liberties

A) have been protected by the Constitution since the founding.
B) were established early on by the Marshall Court.
C) were established and guaranteed soon after the Civil War.
D) have evolved over time through the political process.
E) have always applied to Congress and state governments, alike.

Question 37

Which of the following is assured in the Sixth Amendment?

A) Excessive bails and fines are prohibited.
B) Citizens are free from unreasonable searches and seizures.
C) Citizens have the right to face their accuser and to cross-examine witnesses.
D) Cruel and unusual punishments are prohibited.
E) Congress may not abridge the right to assemble.

Question 38

When a law falls under "ordinary scrutiny" by the courts, it means

A) minority groups cannot issue amicus curiae briefs.
B) the law is presumed constitutional unless the court is shown otherwise.
C) the Supreme Court will not review the law unless it causes domestic unrest.
D) the law is declared unconstitutional.
E) the government must show that it has a compelling interest to justify the law.

Question 39

Over the course of the twentieth century, most of the rights and liberties in the Bill of Rights and the Civil War amendments

A) were restricted to meet a narrow interpretation of government protection.
B) were overturned in successive Supreme Court decisions.
C) were interpreted more broadly to include all state and local laws.
D) became unpopular and were gradually repealed by new amendments.
E) became irrelevant as states adopted these protections on their own.

Question 40

The Supreme Court has not nationalized every liberty in the Bill of Rights, but has instead pursued

A) blanket protection.
B) selective incorporation.
C) full incorporation.
D) states' rights.
E) primary incorporation

Question 41

The clear and present danger test is associated with which Supreme Court case?

A) Gitlow v. New York
B) Brown v. Board of Education
C) U.S. v. Nixon
D) Schenk v. United States
E) Roe v. Wade

Question 42

During which decades did the Court defer to political hysteria and allow widespread suppression of what we now consider to be acceptable speech and publication?

A) 1880s and 1890s
B) 1940s and 1950s
C) 1960s and 1970s
D) 1980s and 1990s
E) 1990s and 2000s

Question 43

The Supreme Court established in 1919 that the government could control speech only for "compelling" reasons, i.e., if the speech

A) was anything controversial.
B) insulted or offended a group of people.
C) presented a clear and present danger.
D) was about famous people.
E) presented a counterargument to democracy.

Question 44

The Supreme Court's test for obscenity, as established in Miller v. California, includes each of the following except

A) "we know it when we see it."
B) the whole work appeals to prurient interest in sex.
C) when the law specifically defines what depictions of sexual conduct are obscene.
D) the work must lack serious artistic, political, or literary value.
E) None of the above

Question 45

The Communication Decency Act of 1996 was intended to place restrictions on

A) material in newspapers.
B) indecent plays that were performed in schools.
C) telephone sex.
D) indecent materials on the Internet.
E) strip clubs.

Question 46

________ prevents publication of an article.

A) Post restraint
B) Prior restraint
C) Panic restraint
D) Safety restraint
E) The First Amendment

Question 47

Strict scrutiny means that any use of race in law or government regulations must be based on

A) a compelling state interest for which the act in question is a necessary means.
B) evidence that the use of race is substantially related to an important objective.
C) a presumption that the law is constitutional, which places the burden of proof on the person challenging the law to prove that it is not.
D) conclusive evidence that the law will not have a long-range effect on the cause of minorities.
E) an important state interest for which the act in question is a relevant means.

Question 48

In freedom of the press cases, "prior restraint" refers to

A) government action that prevents publication.
B) the courts' interest in secrecy.
C) a court injunction against the publication of pornographic materials.
D) censorship of court documents in the interest of national security.
E) boycotts by citizens groups.

Question 49

The Supreme Court has

A) struggled to define obscenity.
B) settled on an exact definition of obscenity.
C) ruled that obscenity is protected by the First Amendment.
D) banned pornography under the Fourteenth Amendment.
E) refused to rule on obscenity issues since Miller v. California.

Question 50

Limitations on libel were established in which Supreme Court case??A) New York Times v. United States
B) New York Times v. Sullivan
C) Gitlow v. New York
D) Near v. Minnesota
E) None of the above

Question 51

The Supreme Court has made prior restraint

A) generally illegal anywhere in the United States.
B) a necessary condition for declaring a law unconstitutional.
C) illegal only under federal laws.
D) a regular pattern of control over Congressional actions.
E) legal when a state government has jurisdiction.

Question 52

In which case did the Court uphold flag burning as a protected form of symbolic speech??A) Buckley v. Valeo
B) Brandenburg v. Ohio
C) Gitlow v. New York
D) Texas v. Johnson
E) Lawrence v. Texas

Question 53

Responding to a constitutional challenge to the Communications Decency Act of 1996, the Supreme Court

A) upheld the Act.
B) overturned the Act.
C) refused to hear the case.
D) modified the law.
E) remanded the case to U.S. District Court.

Question 54

Direct incitement was used in which case to limit speech??A) Mapp v. Ohio
B) Brandenburg v. Ohio
C) Gitlow v. New York
D) Fletch v. Peck
E) Schenck v. United States

Question 55

The Supreme Court ruled in the early twentieth century that ________ speech may be controlled by the government.

A) all
B) no political
C) critical
D) dangerous
E) symbolic

Question 56

Schenck v. United States (1919) established the doctrine of

A) strict scrutiny.
B) inevitable discovery.
C) clear and present danger.
D) retroactive probable cause.
E) selective incorporation.

Question 57

In which case did the Supreme Court rely on freedom of speech to strike down part of a campaign finance law??A) Buckley v. Valeo
B) Brandenburg v. Ohio
C) Gitlow v. New York
D) Fletch v. Peck
E) Griswold v. Connecticut

Question 58

The level of scrutiny that must be based on a compelling state interest is

A) racial scrutiny.
B) strict scrutiny.
C) medium scrutiny.
D) ordinary scrutiny.
E) medium scrutiny.

Question 59

During the early 1950s, the House Committee on Un-American Affairs and Senator Joseph McCarthy violated the constitutional rights of Americans by

A) denying blacks the right to vote.
B) repressing suspected communists and their sympathizers.
C) wiretapping the phones of civil rights organizations.
D) prohibiting the publication of hundreds of newspapers.
E) rescinding the citizenship of recently naturalized immigrants.

Question 60

A major exception to the expansion of freedom of expression has been concern for

A) due process of law.
B) internal security.
C) equal protection of the laws.
D) hateful speech.
E) objective speech.

Question 61

Which of the following statements is TRUE?

A) A recent Supreme Court decision allowed the posting of the Ten Commandments in public school classrooms.
B) The Supreme Court has ruled against organized prayer in public schools, but allows a "moment of silence."
C) The Christian conservative movement does not favor organized prayer in public schools since the movement believes in respecting the rights of all children and religions.
D) A majority of Americans support allowing a nondenominational prayer or a period of silent prayer in public schools.
E) All of the above

Question 62

In which case did the Court rule against allowing school-sponsored prayer at graduation ceremonies?

A) Employment Division v. Smith
B) Engle v. Vitale
C) City of Boerne v. Flores
D) West Virginia v. Barnette
E) Lee v. Weisman

Question 63

The "LAPS" test is used to judge which of the following?

A) Language, artistic, merit, and scientific value
B) Language, artistic, political, and scientific value
C) Literary, artistic, merit, and scenic value
D) Literary, artistic, political, and scientific value
E) None of the above

Question 64

What is the establishment clause the basis for?

A) The separation of church and state
B) Freedom of expression
C) Freedom of the press
D) The right to privacy
E) All civil liberties

Question 65

The right to privacy is established in which Supreme Court case??A) Furman v. Georgia
B) Gideon v. Wainwright
C) Gitlow v. New York
D) Mapp v. Ohio
E) Griswold v. Connecticut

Question 66

In which case did the Court rule that the state of New York had to suspend its requirement that all students in public schools recite a nondenominational prayer at the start of each school day?

A) Employment Division v. Smith
B) Engle v. Vitale
C) City of Boerne v. Flores
D) West Virginia v. Barnette
E) Lee v. Weisman

Question 67

In Minersville School District v. Gobitis (1940), the Court

A) developed the exclusionary rule to prevent police and prosecutors from using evidence seized in illegal searches.
B) specified three conditions that every law must meet to avoid "establishing" religion.
C) called for integration of the public schools with all deliberate speed.
D) upheld the expulsion of school children who refused to salute the flag because it violated their faith.
E) rejected home schooling as a viable education option.

Question 68

Public display of the Ten Commandments

A) is unconstitutional.
B) is never allowed in courthouses.
C) may be constitutional if the display serves a mixed but not primarily religious purpose.
D) is fine, so long as it emphasizes the Christian religion.
E) None of the above

Question 69

The "Lemon test" is made up of all of the following except

A) a secular purpose.
B) primary effect is to neither advance nor inhibit religion.
C) no excessive entanglement between government and religion.
D) ordinary scrutiny.
E) None of the above

Question 70

Which free exercise of religion case involved the question of the sacramental use of peyote?

A) Employment Division v. Smith
B) Engle v. Vitale
C) City of Boerne v. Flores
D) West Virginia v. Barnette
E) None of the above

Question 71

This decision by the Supreme Court established a three-part test for obscenity.

A) Plessy v. Ferguson
B) Miller v. California
C) England v. Owens
D) New York Times v. Sullivan
E) Mapp v. Ohio

Question 72

Which Supreme Court case struck down state antisodomy laws??A) Bowers v. Hardwick
B) Griswold v. Connecticut
C) Lawrence v. Texas
D) Texas v. Johnson
E) Engle v. Vitale

Question 73

The constitutionality of school vouchers is debated under

A) the establishment clause.
B) right to privacy.
C) freedom of speech.
D) due process of law.
E) right to assemble.

Question 74

With respect to the rights of the accused, advocates of ________ see violations of rights and liberties as unnecessary and dangerous.

A) family values
B) due process
C) un-American values
D) equal protection
E) political opportunity

Question 75

________ requires that government not favor one religion over another by granting it special favors, privileges, or status.

A) Freedom of conscience
B) Freedom of choice
C) Freedom of religion
D) Freedom of conviction
E) Freedom of speech

Question 76

That government may not interfere with religious beliefs is related to

A) the free exercise clause.
B) the establishment clause.
C) limits on state action, only.
D) limits on federal action, only.
E) not specifically developed over the recent history of constitutional law.

Question 77

In which case did the Court rule against posting the Ten Commandments in public school classrooms?

A) Employment Division v. Smith
B) Engle v. Vitale
C) City of Boerne v. Flores
D) Stone v. Graham
E) Lee v. Weisman

Question 78

It wasn't until the 1940s that the Supreme Court

A) decided a case on free speech.
B) ruled that slavery violated the constitutional rights of blacks.
C) firmly established that the states must protect the free exercise of religion.
D) ruled on a case involving property rights.
E) incorporated the First Amendment to the states.

Question 79

The core of the nationalized free exercise clause is that government may not interfere with religious

A) actions.
B) sacrifices of animals.
C) universities.
D) beliefs.
E) tithing.

Question 80

Today, the core of the free exercise clause is that

A) religious actions are protected against government interference, but religious beliefs are not absolutely protected.
B) free exercise is protected against the federal government, but it has not been extended against the states.
C) the clause requires a wall of separation between church and state under which government must take a position of neutrality.
D) government may not interfere with religious beliefs, but religious actions are not absolutely protected.
E) None of the above