Deck 4: Civil Liberties and Civil Rights

Question 1

In the American Constitution,civil rights issues arise under the ________ clause.

A)supremacy
B)due process
C)equal protection
D)necessary and proper
E)interstate commerce

Answer 1

C

Question 2

What are governmental guarantees of equal entitlement to certain privileges?

A)civil rights
B)civil liberties
C)civil disputes
D)civil duties
E)civil actions

Answer 2

A

Question 3

In the American Constitution,which clause deals with civil liberty issues?

A)the elastic clause
B)the free exercise clause
C)the necessary and proper clause
D)the equal protection of the laws clause
E)the due process clause

Answer 3

E

Question 4

The government's obligation to allow African Americans to exercise their opportunity to vote is an example of a:

A)civic virtue
B)civil liberty
C)civil right
D)civic duty
E)civic-minded activity

Question 5

Which clause in the Constitution extended civil rights to all persons?

A)privileges and immunities clause
B)equal protection clause
C)full faith and credit clause
D)supremacy clause
E)necessary and proper clause

Question 6

The right against unreasonable searches and seizures is an example of a ________,and women's right to vote is an example of a ________.

A)civil right;civil liberty
B)civil right;civil right
C)civil liberty;civil liberty
D)civil liberty;civil right
E)privilege;right.

Question 7

What are legal or moral claims that citizens are entitled to make on the government?

A)civil rights
B)civil liberties
C)civil disputes
D)civil duties
E)civil actions

Question 8

In which amendment does the equal protection clause appear?

A)the Nineteenth Amendment
B)the Seventeenth Amendment
C)the Sixteenth Amendment
D)the Fourteenth Amendment
E)the Twelfth Amendment

Question 9

The notion that each American is a citizen of the national government and separately a citizen of one of the states is known as:

A)double jeopardy
B)double identity
C)dual federalism
D)dual citizenship
E)dual nationality

Question 10

Which term defines the protection of citizens from improper governmental action?

A)civil rights
B)civil liberties
C)civic equities
D)civic entitlements
E)civic duties

Question 11

The 1833 case of Barron v.Baltimore revolved around the deprivation of:

A)life
B)privacy
C)free speech
D)religious freedom
E)property

Question 12

The incorporation of the Bill of Rights into the Fourteenth Amendment took place by:

A)action of state governments gradually over time
B)a single legislative action of Congress that was signed by the president
C)action of the U.S.Supreme Court gradually over time
D)a single major decision of the U.S.Supreme Court
E)executive order of the president

Question 13

Civil rights did not become a part of the Constitution until 1868 with the adoption of the ________ Amendment.

A)Twelfth
B)Fourteenth
C)Sixteenth
D)Seventeenth
E)Twenty-first

Question 14

Which of the following changes was not included in the Fourteenth Amendment?

A)established a single,national citizenship
B)extended the Bill of Rights to the states
C)guaranteed the right to due process
D)extended the right to vote to blacks
E)abolished the counting of slaves as three-fifths of a person for purposes of representation

Question 15

Which term defines the protection of citizens from quartering of troops in private homes during peacetime?

A)civil right
B)civil liberty
C)civil dispute
D)civil duty
E)civic entitlement

Question 16

What notion did the 1833 case Barron v.Baltimore confirm?

A)the notion of free speech
B)the notion of dual citizenship
C)the notion of the right of privacy
D)the notion of the right to an attorney
E)the notion of expansion of the Second Amendment to the states

Question 17

In the case of Barron v.Baltimore (1833),the Supreme Court basically:

A)supported nationalization of the Bill of Rights
B)rejected application of the Fifth Amendment to the states
C)ended discrimination against minorities by private citizens
D)confirmed application of the Fourteenth Amendment to the states
E)incorporated the Fourth Amendment into the Bill of Rights

Question 18

The fact that John Barron was treated separately as a citizen of the state of Maryland (and was thus entitled to certain protections from the Maryland state government)and as a citizen of the United States (which entitled him to a different set of protections valid only against infringements on his liberty by the U.S.government)exemplifies the principle of:

A)dual nationality
B)dual citizenship
C)dual property rights
D)double jeopardy
E)double federalism

Question 19

Which amendment in the Bill of Rights explicitly addresses itself exclusively to the national government?

A)the First Amendment
B)the Second Amendment
C)the Fifth Amendment
D)the Seventh Amendment
E)the Eleventh Amendment

Question 20

The Bill of Rights is basically a series of amendments on what:

A)citizens must do
B)citizens must not do
C)the federal government must do
D)the federal government must not do
E)foreign governments must do for U.S.citizens

Question 21

Strict scrutiny refers to:

A)the most stringent standard of judicial review of a government's actions
B)the careful application of the Bill of Rights to the states
C)the criteria used to determine whether or not commercial speech is protected
D)careful attention to legal procedures
E)the ability of courts to exclude evidence when it is obtained through an illegal search

Question 22

Which two clauses in the First Amendment deal with freedom of religion?

A)the establishment clause and the prohibition clause
B)the freedom of consciences clause and the establishment clause
C)the freedom of consciences clause and the prohibition clause
D)the free exercise clause and the establishment clause
E)the religious test clause and the wall of separation clause

Question 23

In 1954,the Supreme Court in Brown v.Board of Education overturned the infamous "separate but equal doctrine" articulated in the previous case:

A)Mapp v.Ohio
B)Plessy v.Ferguson
C)Duncan v.Louisiana
D)Dred Scott v.Sandford
E)Lawrence v.Texas

Question 24

Which form of speech is the most consistently protected?

A)artistic
B)political
C)religious
D)commercial
E)individual

Question 25

The establishment clause of the First Amendment has historically established a "wall of separation" between:

A)church and state
B)politics and religion
C)freedom of the press and national security
D)freedom of assembly and national security
E)race and voter registration eligibility

Question 26

The interpretation of the establishment clause has been dominated by the idea of:

A)a simple ban on state-sponsored religions
B)the "nonpreferentialist" or "accommodationist" view that the government can provide assistance to religions but must not "take sides"
C)Jefferson's wall of separation principle
D)increasingly close ties between religion and the federal government
E)religions being allowed to influence the government,but not allowing government to influence religion

Question 27

Thomas Jefferson's formulation of the wall of separation between church and state is most closely associated with the ________ clause.

A)free exercise
B)establishment
C)equal protection
D)freedom of assembly
E)reckless endangerment

Question 28

The German government's "church tax" that requires citizens to give a portion of their income (through taxation)to churches is an example of a practice that would be unconstitutional under the:

A)establishment clause
B)free exercise clause
C)Third Amendment
D)Fourteenth Amendment
E)Fifth Amendment

Question 29

The Supreme Court case McDonald v.Chicago (2010)declared unconstitutional state laws that infringed on the individual right to bear arms.This application of the Second Amendment to state laws is an example of:

A)clear and present danger
B)prior restraint
C)strict scrutiny
D)due process
E)incorporation

Question 30

The clause in the Bill of Rights that protects a citizen's right to believe and practice whatever religion he or she chooses is known as the ________ clause.

A)establishment
B)free exercise
C)freedom of religion
D)free-spirited
E)elastic

Question 31

The Supreme Court established that government aid to religious schools would be accepted as constitutional if it had a secular purpose,its effect was to neither advance nor inhibit religion,and it did not entangle government and religious institutions in each other's affairs.This became known as the ________ test.

A)Apple
B)Lemon
C)O'Brien
D)Miranda
E)religious

Question 32

Which convention states that persons under arrest must be informed of their legal rights,including their right to counsel,before undergoing police interrogation?

A)the Gideon Rule
B)the Miranda Rule
C)the Escobar Edict
D)the Mapp Standard
E)the Palko Standard

Question 33

In Brown v.Board of Education,the Supreme Court overturned Plessy v.Ferguson because:

A)the federal government had no authority to enforce either political or social equality
B)a majority of the people had banded together to support overturning Plessy
C)Linda Brown was a child,and no tests of the "separate but equal" doctrine had involved a minor
D)separate educational facilities did not deprive children of adequate educational opportunities
E)separate educational facilities are inherently unequal

Question 34

What is the higher standard of judicial scrutiny afforded to cases involving democratic political processes called?

A)strict scrutiny
B)critical threshold
C)intense benchmarking
D)the preponderance of the evidence
E)heightened scrutiny

Question 35

Which of the following standards is NOT a part of the Lemon test?

A)The action must have a secular purpose.
B)The action's primary effect is not to advance religion.
C)The action's effect is not to inhibit religion.
D)The action does not entangle government and religious institutions in one another's affairs.
E)The action does not involve invoking the name of deity.

Question 36

The case of Miranda v.Arizona established the right of citizens to:

A)counsel in a civil trial
B)counsel in a criminal trial
C)privacy in their personal associations
D)be informed of their constitutional rights
E)privacy

Question 37

The case of Mapp v.Ohio established the:

A)exclusionary rule
B)right to counsel in a criminal trial
C)right to privacy
D)principle that separate is fundamentally unequal
E)right to remain silent

Question 38

The famous case of Gideon v.Wainwright established the right of citizens to:

A)counsel in a civil trial
B)counsel in a criminal trial
C)privacy in their personal associations
D)be informed of their constitutional rights
E)remain silent after being arrested

Question 39

Which type of speech has never been determined by the Supreme Court to be protected speech under the First Amendment?

A)fighting words
B)obscenity and pornography
C)hate speech
D)student speech
E)commercial speech

Question 40

When President George W.Bush established the Office of Faith-Based and Community Initiatives in 2001 to allow religious organizations to compete for federal grants to provide federally funded social services,he was likely relying on which interpretation of the establishment clause of the First Amendment,establishing the separation of church and state?

A)The government is prohibited from establishing an official church or a state-sponsored religion.
B)The government may not take sides among competing religions but is not prohibited from supporting religious institutions.
C)There is a wall of separation between church and state that cannot be breached by government.
D)Each citizen has the right to believe and practice whatever religion he or she chooses.
E)The government can violate the separation of church and state when it serves a compelling state interest.

Question 41

A state legislator opposed to the development plans of a private contractor in his district decides to write an editorial in the local newspaper claiming the private contractor is a racist and guilty of sexually harassing his employees.There is no evidence in support of these claims,but the contractor begins to lose business due to the controversial nature of the allegations.Which type of speech most closely resembles this editorial?

A)political speech
B)commercial speech
C)hate speech
D)slander
E)libel

Question 42

Speech that directly incites damaging conduct is known as:

A)fighting words
B)reckless communication
C)indefensible declamation
D)conflict-initiating communication
E)semantic provocation

Question 43

"The right of the people to keep and bear Arms shall not be infringed" is language drawn from the ________ Amendment.

A)First
B)Second
C)Fourth
D)Seventh
E)Tenth

Question 44

The Fifth Amendment to the American Constitution says,among other things,that no person shall be:

A)deprived of the right to counsel
B)twice put in jeopardy of life or limb
C)subject to cruel and unusual punishment
D)subject to unreasonable searches and seizures
E)subject to a religious test for office

Question 45

In a recent gubernatorial campaign,there was a television ad targeting the Democratic candidate which claimed the candidate was "a soft-on-crime liberal who wants to reduce funding for the police and stop enforcing drug laws." Which type of speech most closely resembles this advertisement?

A)political speech
B)commercial speech
C)hate speech
D)fighting words
E)libel

Question 46

The 2008 Supreme Court decision in District of Columbia v.Heller was significant because it:

A)reinforced the notion that the right to bear arms is only for militias,not for individuals
B)overturned the laws of many cities and states that virtually ban firearms possession
C)incorporated the Second Amendment into the equal protection clause of the Fourteenth Amendment,making it apply to state governments
D)established an individual right to bear arms that the federal government could not interfere with
E)allowed courts to strike down handgun laws but not laws regulating other types of firearms

Question 47

The court case that first expanded political speech,stating that spending money by candidates or on behalf of them is protected by the First Amendment,was:

A)McConnell v.Federal Election Commission
B)Griswold v.Connecticut
C)Texas v.Johnson
D)Buckley v.Valeo
E)City of Boerne v.Flores

Question 48

A written statement made in reckless disregard of the truth and considered damaging to a victim because it is malicious and defamatory is known as:

A)obscenity
B)libel
C)slander
D)fighting words
E)offensive reprisal

Question 49

In 1995,a popular chewing gum manufacturer decided to market a new line of gum in the state of New York,claiming use of their product would whiten one's teeth.However,scientific studies found the opposite to be true,and eventually the government forced the company to remove the claim from the product's packaging.Why was the chewing gum manufacturer's speech not protected under the First Amendment?

A)An advertising claim does not have full protection under the First Amendment because it is not political speech.
B)The government had a compelling interest to protect the health of consumers.
C)Only individuals possess First Amendment rights,not businesses.
D)It was a state issue,and the speech was not protected under the First Amendment of the U.S.Constitution.
E)While advertising used to be considered protected under the First Amendment,a 1994 Supreme Court case removed this protection.

Question 50

When the Supreme Court ruled that the government could not block the publication of secret Defense Department documents in the New York Times,it did so because of the doctrine preventing:

A)prior restraint
B)libel
C)slander
D)fighting words
E)intrusive searches

Question 51

A statute restricting expressive or symbolic speech must be narrowly tailored and justified by:

A)a compelling government interest
B)the principle of majority rule
C)the clear and present danger standard
D)the reasonable person standard
E)the "I know it when I see it" test

Question 52

What is the difference between libel and slander?

A)Libel is spoken and slander is written.
B)Libel is written and slander is spoken.
C)Libel is illegal while slander is not.
D)Slander is illegal while libel is not.
E)There is no difference between libel and slander.

Question 53

Which Supreme Court case ruled that corporate funding of independent election ads could not be limited under the First Amendment?

A)Citizens United v.Federal Election Commission
B)Davis v.Federal Election Commission
C)Federal Election Commission v.Wisconsin Right to Life
D)McConnell v.Federal Election Commission
E)Buckley v.Valeo

Question 54

As forbidden by the U.S.Constitution,a trial that is conducted more than once for the same crime is referred to as:

A)dual jeopardy
B)double jeopardy
C)dual adjudication
D)double adjudication
E)double booking

Question 55

Even though symbolic speech is entitled to a measure of constitutional protections,the Supreme Court upheld a federal statute making it a crime to burn draft cards (a form of symbolic speech)because:

A)a majority of citizens found draft-card burning to be offensive
B)individuals who burned their draft cards became less likely to be called to war,which others found to be unfair
C)the government had a compelling interest in preserving its ability to conduct the draft
D)the government has the power to restrict the burning of any symbol of governmental authority
E)draft card burners were disproportionately white and wealthy

Question 56

Among other things,the provision that no person shall "be compelled in any criminal case to be a witness against himself" is contained in the ________ Amendment.

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

Question 57

The requirement that the judicial system must proceed according to law and with adequate protection for individual rights is known as:

A)due process of law
B)the fairness clause
C)the inclusionary rule
D)the equal protection clause
E)the habeas corpus rule

Question 58

When evidence obtained from an illegal search of Dollree Mapp's house was thrown out by the U.S.Supreme Court as inadmissible evidence,it exemplified the:

A)illegal searches and seizures rule
B)equal protection clause
C)"constable has blundered" policy
D)criminal rights standard
E)exclusionary rule

Question 59

Why is commercial speech not entitled to full First Amendment protection?

A)Regulating commercial speech protects gullible consumers from rampant overspending.
B)Commercial entities have a history of making reliable advertising claims,and the Supreme Court wanted that to continue.
C)Commercial speech is not political speech,so it can be regulated more heavily.
D)Commercial speech always targets minors,who need greater protection.
E)It is difficult to determine who actually speaks for a commercial entity.

Question 60

Speech accompanied by activities such as picketing,distributing leaflets,or other forms of peaceful demonstration are referred to as:

A)speech plus
B)assembly plus
C)speech and slander
D)speech and assembly
E)speech and signage

Question 61

In the 1958 case of NAACP v.Alabama,the Supreme Court recognized "privacy in one's association" when it prevented the state of Alabama from:

A)publicizing the names of civil rights activists
B)disclosing the names of citizens who had registered to vote
C)requiring protesters to wear identification tags while demonstrating
D)using the membership list of the NAACP in the state's investigations
E)requiring the disclosure of the NAACP's campaign contributions

Question 62

Plessy v.Ferguson ruled that the federal government:

A)had no authority to enforce either political or social equality
B)could enforce political equality but not social equality
C)could enforce social equality but not political equality
D)could enforce both social and political equality
E)could regulate interracial marriages but no other aspects of equality

Question 63

Constitutional objections to the death penalty often invoke the:

A)Fifteenth Amendment protections to prevent racial bias in criminal sentencing
B)Eighth Amendment protections from cruel and unusual punishment
C)constitutional guarantee that the writ of habeas corpus shall not be suspended
D)Fifth Amendment protections from self-incrimination
E)Fourteenth Amendment equal protections

Question 64

Which civil liberty is not explicitly granted in the Bill of Rights?

A)protection against seizure of private property for public use without compensation
B)protection against unreasonable searches and seizures
C)protection against cruel and unusual punishment
D)the right to privacy
E)the right to counsel

Question 65

The basis for the Supreme Court's decision in Roe v.Wade was the evolving right to:

A)privacy
B)equal protection
C)freedom of speech
D)freedom of religion
E)freedom from fear

Question 66

According to modern interpretation of the principle of eminent domain,the U.S.Constitution:

A)prohibits most public agencies from taking property from its citizens
B)permits most public agencies to take property from private citizens without compensation
C)requires public agencies to justly compensate for property taken from private citizens
D)allows state and local governments to seize property for public purposes (with compensation),but not the national government
E)allows the national government to seize property for public purposes (with compensation),but not the state and local governments

Question 67

The contemporary conception of a constitutional right to privacy was established in a case regarding a state statute that prohibited the use of contraceptives known as:

A)Roe v.Wade
B)Griswold v.Connecticut
C)Palko v.Connecticut
D)Planned Parenthood v.Casey
E)Webster v.Reproductive Health Services

Question 68

There are still several restrictions on who is eligible to vote in U.S.elections.Which group currently faces no restrictions on voting?

A)citizens under 18 years of age
B)legal immigrants
C)citizens without photo ID
D)ex-felons
E)naturalized citizens

Question 69

Plessy v.Ferguson was a civil rights case involving the:

A)privileges and immunities clause in Article IV,Section 2,of the Constitution
B)reserved powers clause of the Tenth Amendment
C)right to bear arms clause of the Second Amendment
D)freedom of assembly clause of the First Amendment
E)equal protection clause of the Fourteenth Amendment

Question 70

The Supreme Court initially established a woman's right to have an abortion and prohibited states from making abortion a criminal act in:

A)Roe v.Wade
B)Engel v.Vitale
C)Planned Parenthood v.Casey
D)Webster v.Reproductive Health Services
E)Griswold v.Connecticut

Question 71

Thinking of the institutions responsible for advancing the civil rights of African Americans,which of the following is true?

A)Courts accomplished the work on their own.
B)Congress accomplished the work on its own.
C)Bureaucrats accomplished most of the work.
D)Congress and the courts were mutually dependent in advancing civil rights.
E)Neither Congress nor the courts accomplished much in the effort to secure civil rights for African Americans.

Question 72

The Supreme Court upheld a state law that allowed doctors to use drugs to facilitate the deaths of terminally ill patients who requested such assistance in:

A)Bowers v.Hardwick
B)Furman v.Georgia
C)Texas v.Johnson
D)Lawrence v.Texas
E)Gonzales v.Oregon

Question 73

The Supreme Court decision that stated state legislatures did not have the authority to make homosexuality or any private sexual behavior a crime was:

A)Bowers v.Hardwick
B)Furman v.Georgia
C)Texas v.Johnson
D)Lawrence v.Texas
E)Palko v.Connecticut

Question 74

When the District of Columbia seized some private property and then sold it to promote economic development,it:

A)violated the due process clause of the Constitution
B)violated the Fifth Amendment to the Constitution
C)exercised the power of habeas corpus
D)exercised the power of eminent domain
E)exercised a writ of mandamus

Question 75

Which constitutional amendment granted women the right to vote?

A)the Thirteenth Amendment
B)the Seventeenth Amendment
C)the Nineteenth Amendment
D)the Twenty-first Amendment
E)the Twenty-eighth Amendment

Question 76

In which year was the Nineteenth Amendment passed?

A)1848
B)1870
C)1917
D)1920
E)1942

Question 77

As a consequence of Brown v.Board of Education:

A)schools quickly moved to comply with the ruling and integrate schools
B)schools eventually allowed students to attend their neighborhood school regardless of race,although segregation continued due to racially segregated housing
C)discrimination in employment was also banned in addition to discrimination in schools
D)discrimination in jury selection was also banned in addition to discrimination in schools
E)Northerners and Southerners moved to address de facto segregation in order to comply with the ruling

Question 78

The power of public agencies to seize private property is called:

A)estate seizure
B)common wealth
C)eminent domain
D)sovereign acquisition
E)privileged position

Question 79

In the Shelley v.Kraemer case involving the widespread practice of restrictive covenants,the Supreme Court ruled that restrictive covenants could:

A)not be judicially enforced
B)not be signed by private persons
C)make no references to race or religion
D)be encouraged by state and local governments but not by the national government
E)not be made whether they involved race or not

Question 80

What is the purpose of a grand jury?

A)to have a set of citizens determine whether or not the accused is guilty or innocent
B)to have a set of citizens determine whether or not sufficient evidence is available to justify a trial
C)to review the decision of the trial court judge in capital or otherwise infamous cases
D)to determine whether or not a potential candidate will be allowed to run for office
E)to determine the sentence that a convicted criminal should receive