Deck 4: Civil Liberties

Question 1

The free exercise clause of the First Amendment protects those who do not believe in God.

Answer 1

True

Question 2

In the Supreme Court case Buckley v. Valeo, the Court declared that since campaign spending was not a form of speech, the First Amendment did not protect it.

Answer 2

False

Question 3

The exclusionary rule holds that evidence gathered from unreasonable searches and seizures cannot be admitted in court.

Answer 3

True

Question 4

The Fourteenth Amendment effectively provided for a single national citizenship.

Question 5

Laws restricting hate speech have typically been upheld by the Supreme Court.

Question 6

Although speech is afforded high levels of protection under the First Amendment, other forms of symbolic expression receive little protection from governmental regulation.

Question 7

Oral speech that is made in reckless disregard of truth and is considered damaging to a victim because it is malicious, scandalous, and defamatory is known as slander.

Question 8

The civil liberties guaranteed by the Bill of Rights applied only to the federal government until long after the Civil War and passage of the Fourteenth Amendment.

Question 9

Madison initially fought for the Bill of Rights because he knew that without such protections, individual rights would be threatened.

Question 10

Soon after its adoption, the Supreme Court interpreted the Fourteenth Amendment as applying the protections in the Bill of Rights to both the federal and state governments.

Question 11

Within five years of ratification of the Fourteenth Amendment, the U.S. Supreme Court was making decisions as though it had never been adopted.

Question 12

In Gideon v. Wainwright, the Supreme Court ruled that persons under arrest must be informed of their legal rights, including the right to counsel.

Question 13

A law is held to be constitutional under the Lemon test if it meets any one of the three criteria in the test.

Question 14

The precedent established by Barron v. Baltimore was very long-lived, even after passage of the Fourteenth Amendment.

Question 15

As delegates to the Constitutional Convention in Philadelphia, the Antifederalists argued against adding the Bill of Rights to the proposed Constitution.

Question 16

In Palko v. Connecticut, the ruling in Barron v. Baltimore was overturned because of passage of the Fourteenth Amendment.

Question 17

Written in 1892, the Pledge of Allegiance was used in schools for many years without the phrase "under God."

Question 18

Political speech can be restricted if it advocates imminent lawless action and is likely to produce such action.

Question 19

The Supreme Court decided in the Barron v. Baltimore case that states are prohibited from treating people as property.

Question 20

Alexander Hamilton and other Federalists argued that adding the Bill of Rights to the Constitution was not necessary.

Question 21

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

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

Question 22

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.

Question 23

Gonzales v. Oregon affirmed a state's power to prohibit and punish physician-assisted suicide.

Question 24

The Bill of Rights was added to the Constitution soon after the first meeting of Congress convened in 1789 as a response to the concerns of Antifederalists. Which principle of politics holds that political decision making requires actors to work together to accommodate the interests of critical groups and institutions?

A)rationality
B)collective action
C)policy
D)institution

Question 25

Why was the proposal by Virginia delegate George Mason for a bill of rights turned down with little debate in the waning days of the Philadelphia Constitutional Convention in September 1787?

A)The delegates believed a Bill of Rights would discourage a strong and healthy central government.
B)The delegates thought a Bill of Rights unnecessary for a government with such limited powers.
C)The delegates came from the wealthy elite social class and were on the whole against individual rights.
D)The delegates thought the proposed Bill of Rights imposed too many limits on the federal government.

Question 26

The Bill of Rights is a series of restraints designed to limit government's jurisdiction. These restraints best reflect which principle of politics?

A)the collective action principle
B)the institution principle
C)the policy principle
D)the history principle

Question 27

State legislatures currently have the authority to make homosexuality a crime.

Question 28

Which is a general term for rules that restrict the range of outcomes from collective action?

A)the exclusionary rule
B)prior restraint
C)civil rights
D)civil liberties

Question 29

Although James Madison was initially opposed to the addition of a bill of rights to the Constitution, why did he subsequently support the proposal?

A)because of his pragmatic recognition of political realities
B)because of his unwavering adherence to political principles
C)because of his distrust that the system of checks and balances would actually work
D)because of his close friendship with Alexander Hamilton, who desperately wanted the Bill of Rights

Question 30

The constitutional amendment protecting citizens from being forced to quarter troops in private homes during peacetime is an example of which concept?

A)civic principle
B)civil liberty
C)civil duty
D)civic entitlement

Question 31

The establishment of procedural and substantive limitations on government to protect civil liberties reflects which of the five principles of politics?

A)the collective action principle
B)the institution principle
C)the policy principle
D)the history principle

Question 32

The constitutional prohibition against the government establishing a religion is an example of a

A)juridical limitation.
B)procedural restraint.
C)substantive restraint.
D)prior restraint.

Question 33

What is the Bill of Rights?

A)a series of statements regarding the purpose of government
B)a series of grievances directed against King George III of England
C)a series of economic claims against the new American government
D)a series of substantive and procedural restraints on government

Question 34

In the past, solid majorities of the American public and U.S. Congress have supported laws to punish anyone who burns an American flag, yet these laws have not been allowed. Which principle explains how preferences are constrained by institutions?

A)rationality principle
B)collective action principle
C)policy principle
D)history principle

Question 35

Why did Alexander Hamilton and other Federalists argue that a Bill of Rights was not necessary?

A)A list of vague rights would ultimately be too difficult for courts to interpret.
B)The national government could not abuse powers not given to it in the first place.
C)There was no need to include protections from government because the people controlled their leaders.
D)The Founders thought the proposed bill of rights imposed too many limits on the federal government.

Question 36

The exclusionary rule generally prevents prosecutors from using evidence collected without a legal search warrant in a court of law.

Question 37

When the first Congress under the new Constitution met in 1789, the most important item of business was the consideration of a proposal to

A)create a department of war.
B)appoint officials to staff the fledgling bureaucracy.
C)add a Bill of Rights to the Constitution.
D)develop procedures for the admission of new states.

Question 38

Constitutional objections to the death penalty often invoke the necessary and proper clause of the constitution.

Question 39

Incorporation is a term that refers to the process by which states adopted provisions from the U.S. Constitution's Bill of Rights into their own state constitutions.

Question 40

The role of precedent in guiding and constraining Supreme Court decision making illustrates which of the five principles of politics?

A)rationality
B)collective action
C)institution
D)history

Question 41

Which provision of the Bill of Rights was the first to be selectively nationalized, or applied to the states, by the U.S. Supreme Court?

A)the First Amendment's prohibition against an "establishment of religion"
B)the Second Amendment's assurance that "the right of the people to keep and bear arms, shall not be infringed"
C)the Fourth Amendment's requirement that authorities not search a person or property without a warrant
D)the Fifth Amendment's guarantee that private property shall not be taken for public use without just compensation

Question 42

The piecemeal application of the Bill of Rights to the states is known as

A)sequential appropriation.
B)selective incorporation.
C)intermittent incorporation.
D)gradual adaptation.

Question 43

In an important 1873 decision known as the Slaughter House Cases, the Supreme Court rejected the notion that

A)Congress could regulate food safety at local processing facilities.
B)animals had rights that limited how they were raised and killed.
C)Congress could regulate commercial food distribution under the interstate commerce clause.
D)the Fourteenth Amendment fully incorporated the Bill of Rights to apply to the states.

Question 44

What was the ultimate result of the Palko v. Connecticut case when it was reviewed by the U.S. Supreme Court?

A)Palko was executed.
B)Palko was freed from prison.
C)Palko was deported.
D)Palko was transferred to a prison in neighboring Massachusetts.

Question 45

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

Question 46

In the cases of Barron v. Baltimore (1833), the Slaughter House Cases (1873), and Palko v. Connecticut (1937), 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.

Question 47

The 1833 case of Barron v. Baltimore revolved around the city of Baltimore's deprivation of

A)free speech.
B)privacy.
C)religious freedom.
D)property.

Question 48

Which constitutional amendment sought to nationalize citizenship and the Bill of Rights?

A)the Eleventh Amendment
B)the Fourteenth Amendment
C)the Eighteenth Amendment
D)the Twenty-Fifth Amendment

Question 49

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)strict scrutiny.
B)prior restraint.
C)due process.
D)incorporation.

Question 50

The constitutional prohibition against the government depriving a citizen of life, liberty, or property without due process of law is an example of a

A)juridical limitation.
B)procedural restraint.
C)substantive restraint.
D)prior restraint.

Question 51

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, the Slaughter House Cases.

Question 52

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)Fifth Amendment.

Question 53

What constitutional concept did the 1833 case Barron v. Baltimore confirm?

A)free speech
B)dual citizenship
C)the right of privacy
D)the right to an attorney

Question 54

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 commercial speech is protected.
D)careful attention to legal procedures.

Question 55

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

Question 56

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

Question 57

Which of the following is an example of a procedural restraint that protects our civil liberties?

A)A person is presumed innocent until proven guilty.
B)Troops cannot be quartered in private homes without consent.
C)Slavery is formally abolished.
D)The federal government is prohibited from banning guns.

Question 58

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)dual federalism.
C)dual citizenship.
D)dual nationality.

Question 59

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)double jeopardy.
D)dual federalism.

Question 60

The Supreme Court's deliberation on whether or not Frank Palko could be tried twice for the same crime in the case Palko v. Connecticut exemplifies questions about constitutional protection against

A)double jeopardy.
B)cruel and unusual punishment.
C)unreasonable search and seizure.
D)quartering of troops in private homes.

Question 61

The court case that first expanded political speech protected by the First Amendment to include campaign spending by candidates or on behalf of them was

A)McConnell v. Federal Election Commission.
B)Griswold v. Connecticut.
C)Texas v. Johnson.
D)Buckley v. Valeo.

Question 62

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)intrusive searches.

Question 63

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)conscience
D)elastic

Question 64

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

Question 65

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

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

Question 66

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)commercial speech

Question 67

Which form of speech is the most consistently protected?

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

Question 68

The Supreme Court established that government aid to religious schools would be accepted as constitutional if it had a secular purpose; its effect was neither to 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)O'Brien
B)Lemon
C)Miranda
D)Apple

Question 69

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)fighting words.
D)slander.

Question 70

The Supreme Court's ruling in West Virginia State Board of Education v. Barnette about children belonging to a family of Jehovah's Witnesses

A)endorsed the free exercise of religion, except when it is offensive to the beliefs of the majority.
B)endorsed the free exercise of religion even if it is offensive to the beliefs of the majority.
C)held that the free exercise of religion was absolute and thus activities otherwise deemed illegal were acceptable if done in the context of religious practice.
D)held that the free exercise of religion could be limited to protect children from harmful activities.

Question 71

Even though symbolic speech is entitled to a measure of constitutional protection, 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)the government had a compelling interest in preserving its ability to conduct the draft.
C)the government has the power to restrict the burning of any symbol of governmental authority.
D)draft-card burners were disproportionately white and wealthy.

Question 72

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 that 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 does this editorial most closely resemble?

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

Question 73

Thomas Jefferson's formulation of the wall of separation between church and state is most closely associated with which First Amendment clause?

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

Question 74

What is the difference between libel and slander?

A)Libel is spoken, and slander is written.
B)Libel is illegal; slander is not.
C)Libel is written, and slander is spoken.
D)Slander is illegal; libel is not.

Question 75

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.

Question 76

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 assembly.
D)speech and signage.

Question 77

In a recent gubernatorial campaign, a television ad targeting the Democratic candidate 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)fighting words
D)libel

Question 78

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

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

Question 79

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

A)the preponderance of the evidence
B)critical threshold
C)preferred position
D)strict scrutiny

Question 80

The criterion formerly used to determine whether speech endangers national security is known as the __________ test.

A)"I know it when I see it"
B)clear and present danger
C)Lemon
D)O'Brien