Deck 4: Civil Liberties

Question 1

Civil liberties guarantee freedom from governmental actions such as discrimination.

Answer 1

False

Question 2

The right to bear arms is guaranteed by the Third Amendment.

Answer 2

False

Question 3

Under the ________ Amendment,the police may search things in plain view,the person arrested,and things under the arrestee's immediate control.

A)Third
B)Fourth
C)Fifth
D)Sixth
E)Eighth

Answer 3

B

Question 4

D)C.v.Heller

A)made all gun bans in the United States unconstitutional.
B)was the first Supreme Court ruling on the Fifth Amendment.
C)forced the District of Columbia to lift its gun ban.
D)limited free speech at political rallies.
E)protected politicians from libel law.

Question 5

The first Supreme Court case dealing with symbolic speech was Stromberg v.California.

Question 6

The Bill of Rights refers to _________________ of the Constitution.

A)the Preamble
B)Article IV
C)the first five amendments
D)the first ten amendments
E)the first eleven amendments

Question 7

The judicial doctrine that prevents government from prohibiting speech or publication before the fact is called

A)a priori limitation.
B)prior restraint.
C)selective incorporation.
D)the prohibition clause.
E)libel.

Question 8

The right to a speedy and public trial by an impartial jury is guaranteed by the ________ Amendment.

A)Sixth
B)Seventh
C)Eighth
D)Tenth
E)Fourteenth

Question 9

In Lawrence v.Texas,the U.S.Supreme Court ruled that

A)the Boy Scouts could prevent homosexuals from becoming troop leaders.
B)there was a homosexual agenda in the United States.
C)the equal protection clause prohibits discrimination against gay Americans.
D)a Texas law criminalizing sexual behavior was unconstitutional.
E)gay marriage represented an issue best left to the states.

Question 10

At times,the Supreme Court allows the use of hallucinogenic drugs in religious observances.

Question 11

The Fourteenth Amendment has been interpreted by the U.S.Supreme Court to __________ many of the protections of the Bill of Rights by applying them to states.

A)negate
B)do nothing to
C)limit
D)incorporate
E)equally protect

Question 12

The constitutional provision preventing the use of any "religious test" for public office

A)is found in the First Amendment.
B)is found in Article VI.
C)prevents members of non-Christian religions from being elected to public office.
D)reflects the Framers' concern that too many Roman Catholics might be elected to public office.
E)is found in the Sixth Amendment.

Question 13

The right to privacy stems from the idea that some areas of life are off-limits to governmental regulation.This right is inferred from
I)the First Amendment.
II)the Third Amendment.
III)the Fourth Amendment.
IV)the Ninth Amendment.

A)III only
B)II and III
C)I, III, and IV
D)I, II, and IV
E)I, II, III, and IV

Question 14

The establishment clause

A)requires the adoption of an official American religion.
B)erects a wall of separation between church and state.
C)inhibits citizens' basic religious rights.
D)provides citizens with the opportunity to obtain federal dollars to create or build churches, temples, or other houses of worship.
E)provides an absolute right to freedom of religious expression.

Question 15

Black sites are

A)places in Afghanistan where Osama bin Laden may be hiding.
B) in Guantanamo Bay, Cuba.
C)holes in the universe.
D)secret offshore prisons.
E) unconstitutional.

Question 16

In New York Times v.Sullivan,the Supreme Court ruled that

A)libel and slander were constitutionally protected forms of speech.
B)actual malice must be proved to support a claim of libel made by a public figure.
C)prior restraint was constitutional.
D)false or negligent speech was not protected by the First Amendment.
E)newspaper reporters must divulge their confidential sources of information.

Question 17

The Supreme Court ruled that individuals who are arrested must be informed of their constitutional rights in

A)Mapp v. Ohio.
B)Smith v. Massachusetts.
C)Weeks v. U.S.
D)McCleskey v. Zant.
E)Miranda v. Arizona.

Question 18

In Gitlow v.New York,the U.S.Supreme Court ruled that states were not completely free to limit forms of political expression.

Question 19

When secular law conflicts with religious beliefs,freedom of religion is

A)suppressed.
B)guaranteed by the Second Amendment.
C)allowed, but only after a court order is obtained.
D)always upheld.
E)sometimes denied.

Question 20

Ex post facto laws

A)are unconstitutional.
B)require judges to remove prisoners from jail.
C)are found in the Seventh Amendment.
D)inflict punishment on individuals without judicial action.
E)require authorities to prove a prisoner is being held lawfully.

Question 21

Which of the following provisions of the Bill of Rights has not been incorporated?

A)Right to bear arms
B)Right to counsel
C)Freedom of the press
D)Civil jury trial
E)Public trial

Question 22

Why was the Bill of Rights a politically necessary addition to the Constitution?

A)The Framers wanted to outline states' powers.
B)The Framers feared the people would revolt.
C)It was a compromise to appease Anti-Federalists.
D)The Bill of Rights was necessary for the system of checks and balances.
E)The institutional powers specified in the original Constitution were unclear.

Question 23

The Supreme Court has ruled that testimony made with the assistance of one-way closed circuit television is permissible.

Question 24

In some governments,politicians may be required to prove their religious knowledge to be considered suitable for office.In the United States,however,this is expressly prohibited by

A)the Freedom of Religion Act.
B)the First Amendment.
C)Article VI of the Constitution.
D)Article I of the Constitution.
E)the Sixth Amendment.

Question 25

The difference between civil liberties and civil rights has often been simplified to

A)"freedom to" and "freedom from."
B)a carrot and a stick.
C)make them synonymous.
D)"freedom of" and "freedom for."
E)equality and equity.

Question 26

________ are examples of religious practices ruled to violate the establishment clause by the U.S.Supreme Court.
I)Student-led prayers at high school football games
II)Nondenominational prayers at the beginning of the school day.
III)Nondenominational prayers at public school graduations.
IV)Providing books or computers for students in religious schools.

A)I only
B)I and II
C)II and III
D)I, II ,and III
E)I, II, III, and IV

Question 27

In a 2006 Religious Freedom Restoration Act case,the Court ruled that

A)religious use of a tea containing an illegal hallucinogenic drug was protected by the First Amendment.
B)flag burning for religious purposes was constitutional.
C)killing animals for religious purposes was constitutional.
D)prayer in school could never be permitted under the First Amendment.
E)public schools can mandate courses that teach religious doctrine and instruction.

Question 28

The personal guarantees and freedoms that the federal government cannot abridge by law,constitution,or judicial interpretation are called

A)civil rights.
B)enumerated rights.
C)civil liberties.
D)privacy laws.
E)incorporated freedoms.

Question 29

The Supreme Court ruled that states were not completely free to limit forms of political expression in

A)Near v. Minnesota.
B)Gitlow v. New York.
C)Palko v. Connecticut.
D)Pointer v. Texas.
E)Cantwell v. Connecticut.

Question 30

The ________ Amendments were added to appease the Federalists' concerns regarding enumerated rights.

A)First and Fourth
B)Second and Third
C)Fourth and Eighth
D)Ninth and Tenth
E)Fourteenth and Fifteenth

Question 31

Religious rights,including the right to free exercise and the protection against establishment of an official religion,are protected by the ________ Amendment.

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

Question 32

In Roe v.Wade,the Supreme Court ruled that the state had a right to regulate all aspects of second-trimester abortions,and that in the third trimester,abortions would only be legal if the life and health of the mother were at stake.

Question 33

The right to a civil jury trial and the right not to be levied with excessive fines or bail

A)are rights that are protected from state action by the Fifth Amendment.
B)are examples of how all rights in the Constitution have been made applicable to the states.
C)have not been incorporated.
D)are not protected by the Bill of Rights.
E)are examples of civil liberties.

Question 34

In D.C.v.Heller,the Supreme Court

A)ruled that the USA PATRIOT Act was constitutional.
B)struck down a law prohibiting the sale of handguns.
C)ruled that the Second Amendment applied only to militias.
D)urged the Congress to grant statehood to the District of Columbia.
E)overturned the Court's earlier decision in Mapp v. Ohio (1961).

Question 35

Critics charge that the USA Patriot Act expands civil liberties needlessly in a time of war.

Question 36

Before the Fourteenth Amendment was added to the Constitution,the civil liberties protections contained in the Bill of Rights were

A)universally applied to the states.
B)rarely applied to the states.
C)limited by Barron v. Baltimore.
D)limited by Plessy v. Ferguson.
E)applied only to state governments.

Question 37

In interpreting the Fourth Amendment,the Supreme Court has ruled that police always need a warrant to conduct a search.

Question 38

President Barack Obama has reversed many of the civil liberties curtailments put forth by the George W.Bush administration.

Question 39

The Supreme Court uses the ________ test in dealing with religious establishment cases.

A)prurient interest
B)Lemon
C)Engel
D)Rodriguez
E)equal access

Question 40

The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called

A)due process.
B)the inclusion doctrine.
C)selective establishment.
D)selective incorporation.
E)the exclusion doctrine.

Question 41

In 2002,the Supreme Court ruled that it was constitutional for a border patrol officer to stop a suspicious minivan given

A)that the use of satellites is constitutional.
B)the totality of the circumstances.
C)the fact that the Rehnquist Court always decided on the side of law enforcement.
D)that our borders are so porous.
E)the fact that thermal imagers at the border proved probable cause.

Question 42

Due process rights are largely found in

A)the Preamble to the Constitution.
B)Article I of the Constitution.
C)the Declaration of Independence.
D)the Bill of Rights.
E)the Fourteenth Amendment of the Constitution.

Question 43

In Great Britain,handguns are

A)illegal to own.
B)restricted in a manner similar to the limits imposed in Mexico.
C)subject to more lax laws than those that exist in the United States.
D)not regulated.
E)possible to own after a background check.

Question 44

The Supreme Court has defined obscenity

A)consistently using English common law standards.
B)as knowing it when they see it.
C)as consistently unconstitutional.
D)narrowly, being only applicable to motion pictures.
E)differently in different periods of time.

Question 45

Random drug testing of students

A)is not a violation of the Constitution.
B)has been ruled unconstitutional unless all students are tested.
C)is constitutional only if it is done on athletes.
D)has been considered by educators, but never actually implemented.
E)applies only to students involved in band or choir.

Question 46

Public officials cannot sue for libel unless

A)they are wealthy.
B)they can prove that actual malice was involved.
C)they can show that a newspaper disregarded the truth.
D)they have been libeled in connection with their public duties.
E)they first resign from office.

Question 47

The Second Amendment was added to the Constitution to

A)make sure that every citizen was armed.
B)make it impossible for Congress to disarm state militias.
C)guarantee that hunters could hunt.
D)assure that the military and police officers could carry weapons.
E)insure that citizens could forcibly overthrow an oppressive government.

Question 48

The standard that illegally seized evidence cannot not be used at trial is known as the

A)due process clause.
B)procedural rights rule.
C)probable cause rule.
D)Mapp rule.
E)exclusionary rule.

Question 49

The Court formulated the clear and present danger test in

A)Schenck v. U.S.
B)Brandenburg v. Ohio.
C)Roth v. U.S.
D)Tinker v. Des Moines Independent School District.
E)Lemon v. Kurtzman.

Question 50

Gideon v.Wainwright involved the issue of

A)self-incrimination.
B)double jeopardy.
C)search and seizure.
D)trial by jury.
E)right to counsel.

Question 51

The difference between libel and slander is that

A)libel is illegal, and slander is legal.
B)libel is spoken, and slander is written.
C)libel is written, and slander is spoken.
D)libel is legal, and slander is illegal.
E)libel only occurs with public figures, and slander can occur with private individuals.

Question 52

Over the years,the U.S.Supreme Court has adopted a/an ________ approach when dealing with issues involving freedom of speech and of the press.

A)laissez-faire
B)illogical
C)strict interpretation
D)restrained
E)hierarchical

Question 53

The U.S.Supreme Court finally ruled that Congress could regulate internet pornography with the

A)Protect Act.
B)Communications Decency Act.
C)Child Online Protection Act.
D)Children's' Internet Protection Act.
E)Protecting Teens Against Online Predators Act.

Question 54

A woman sells scarves to passersby on a busy city street during the week of Independence Day.Three months later,the city council passes a law making street vending illegal.Could the woman be found guilty of violating the new law?

A)Yes, but only if she was being libelous.
B)No, because the woman broke law over a holiday weekend.
C)No, as it is considered an ex post facto law.
D)Yes, particularly if the law was passed because she was making a disturbance.
E)Maybe, but only if the law is not considered a bill of attainder.

Question 55

In Chaplinsky v.New Hampshire,the Supreme Court ruled that ________ was/were not protected by the First Amendment.

A)obscenity
B)libel
C)fighting words
D)slander
E)child pornography

Question 56

The Alien and Sedition Acts were

A)designed to curb immigration.
B)passed to prevent public criticism of the Supreme Court.
C)intended to prohibit the publication of any false or scandalous writings against the United States.
D)ruled unconstitutional by the U.S. Supreme Court because they violated the First Amendment.
E)laws prohibiting armed, civil rebellions against the federal government.

Question 57

If a person yells that there is a bomb on a bus when he knows that there isn't,his exclamation is not considered protected speech under

A)Schenck v. U.S.
B)Brandenburg v. Ohio.
C)Roth v. U.S.
D)Tinker v. Des Moines Independent School District.
E)Lemon v. Kurtzman.

Question 58

A warrantless search is permissible if

A)consent is given.
B)a search warrant is difficult to obtain.
C)the officer thinks stolen goods may be in a house.
D)a parked car is involved.
E)illegal drugs are involved.

Question 59

The Supreme Court first ruled that the First Amendment protected symbolic speech in

A)Stromberg v. California.
B)Schenck v. U.S.
C)Tinker v. Des Moines Independent Community School.
D)Texas v. Johnson.
E)Nebraska Press Association v. Stuart.

Question 60

Warrantless searches are

A)patently unconstitutional.
B)always in violation of the Fourth Amendment since they are conducted without court approval.
C)not regulated by state or local governments.
D)constitutional only under certain circumstances.
E)always constitutional.

Question 61

Guns are banned in the District of Columbia.

Question 62

The USA Patriot Act allows
I)searching library records.
II)searching medical records.
III)searching private property without notice
IV)foreign intelligence collection.

A)I only
B)IV only
C)II and III
D)I, III and IV
E)I, II, III, and IV

Question 63

The Ninth Amendment has been used as the basis for

A)the death penalty.
B)the right to an abortion when coupled with other guarantees.
C)states' rights.
D)many Federalist complaints.
E)affirmative action.

Question 64

A person being tried for armed robbery is left for an entire day in an interrogation room and is not given any food or beverages.The police in this case are most likely violating the ______ Amendment.

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

Question 65

The Ninth Amendment guarantees states extra protections under the Constitution.

Question 66

In 1976,the Supreme Court ruled that a death penalty statute was constitutional because new laws had been passed to ensure that sentencing was not arbitrary.This was the case of

A)Gideon v. Wainwright.
B)Bowers v. Hardwick.
C)Mapp v. Ohio.
D)Furman v. Georgia.
E)Gregg v. Georgia.

Question 67

Lawyers may reject potential jurors for any reason EXCEPT

A)a juror's political views.
B)a juror's race or sex.
C)a juror's residence.
D)a juror's personal relationships with the defendant, plaintiff, or judge.
E)a juror's sexual orientation.

Question 68

The first ten amendments to the Constitution are referred to as the Bill of Rights.

Question 69

The interest group that organized and sponsored Furman v.Georgia was the

A)National Association for the Advancement of Colored People Legal Defense Fund.
B)American Civil Liberties Union.
C)National Organization of Women.
D)Southern Christian Leadership Council.
E)National Rifle Association.

Question 70

During the 1970s,the Supreme Court found that ________ was protected by the right to privacy implied from guarantees in the Bill of Rights and the Fourteenth Amendment.

A)an absolute right to abortion
B)a woman's right to sex education
C)the right of married couples to have access to information on birth defects
D)an absolute right to disseminate birth control information to minors
E)a woman's right to terminate a pregnancy under certain conditions

Question 71

The use of ________,which led to the release of some innocent inmates on death row,prompted some governors to halt executions in their states.

A)DNA testing
B)blood type testing
C)lethal injections
D)faulty electric chairs
E)firing squads

Question 72

The Supreme Court ruled that lawyers in criminal cases are necessities,not luxuries,in

A)Weeks v. U.S.
B)Mapp v. Ohio.
C)Gregg v. Georgia.
D)Gideon v. Wainwright.
E)McCleskey v. Kemp.

Question 73

The right to counsel includes the right to

A)a public defender.
B)the best lawyer in town.
C)a lawyer who is well prepared.
D)any person admitted to the bar.
E)a team of lawyers, if requested by a defendant.

Question 74

The highest rates of execution occur in the

A)Northeast.
B)Southwest.?
C)West.
D)Midwest.
E)South.

Question 75

Griswold v.Connecticut involved the issue of

A)gay marriage.
B)availability of over-the-counter methods of birth control.
C)married couples' access to birth control.
D)abortion.
E)sodomy.

Question 76

According to the George W.Bush Administration

A)Muslim detainees must be treated in accordance with their religious beliefs.
B)the FBI must show probable cause to investigate citizens exercising freedom of speech.
C)some Bill of Rights guarantees can be suspended in a time of war.
D)civil liberties can never be abridged.
E)public telephones cannot be tapped without a court order.

Question 77

The cartoon in your text comments on Khalid Sheikh Mohammed being tried in a New York court.Who is Khalid Sheikh-Muhammad?

A)The man most commonly known as "the underwear bomber"
B)A politician suspected of corruption in a 2008 mayoral race
C)A person suspected of playing a role in the September 11, 2001 terrorist attacks
D)A lieutenant working under Saddam Hussein
E)A clergyman suspected of renouncing Christianity

Question 78

In Griswold v.Connecticut,the Supreme Court ruled that the First,Third,Fourth,Fifth,and Fourteenth Amendments cast penumbras,thereby creating

A)zones of privacy.
B)a constitutional right to abortion.
C)the Bill of Rights.
D)civil liberties.
E)areas of life subject to governmental regulation or control.

Question 79

The Supreme Court decided D.C.v.Heller by a small margin.

Question 80

The Eighth Amendment prohibits

A)unreasonable searches and seizures.
B)cruel and unusual punishment.
C)trial without an attorney.
D)self-incrimination.
E)invasions of privacy.