Deck 4: Civil Liberties

Full screen (f)
exit full mode
Question
Which of the following is not a liberty protected by the Bill of Rights?

A) the free exercise of religion
B) freedom from unreasonable searches and seizures
C) guarantee of due process of the law
D) equal protection of the laws
E) freedom of speech
Use Space or
up arrow
down arrow
to flip the card.
Question
If a person were imprisoned in the United States without an open trial before a judge, this action would

A) infringe upon the principle of selective incorporation.
B) constitute an ex post facto law.
C) undermine the Lemon test.
D) violate the right of habeas corpus.
E) defy the exclusionary rule.
Question
During the Founding era, who were the strongest supporters of adding a bill of rights to the Constitution?

A) Federalists
B) Antifederalists
C) merchants and landowners
D) slaves
E) members of the military
Question
The Lemon test involves what part of the Constitution?

A) free speech
B) establishment clause
C) due process
D) equal protection of the laws
E) free exercise clause
Question
According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights?

A) Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?
B) Does every state have to ratify each amendment to the Constitution, or only a majority of states?
C) Does the level of enforcement of the Bill of Rights have to be equal throughout every state?
D) Does the Bill of Rights legalize a national moral consensus?
E) Does the Supreme Court have the authority to determine the exact meaning of the Bill of Rights?
Question
Which provision of the Bill of Rights has not been nationalized?

A) the right to a grand jury
B) the right against double jeopardy
C) the right to a lawyer
D) freedom from cruel and unusual punishment
E) the right to counsel in any criminal trial
Question
The wall of separation between church and state is best found in what clause of the Constitution?

A) the free exercise clause
B) the establishment clause
C) the equal protection clause
D) the wall of separation clause
E) the full faith and credit clause
Question
The procedural restraints found in the Bill of Rights

A) put limits on what government shall and shall not have the power to do.
B) define how the government is supposed to act.
C) define why the government is supposed to act.
D) discuss why the government is or is not supposed to do something.
E) define which powers each branch of government possesses.
Question
The constitutional basis for the nationalization of the Bill of Rights is

A) the First Amendment.
B) the Tenth Amendment.
C) the Fourteenth Amendment.
D) Plessy v. Ferguson.
E) Roe v. Wade.
Question
In what year was freedom of speech extended to protect against the acts of state governments?

A) 1833
B) 1865
C) 1868
D) 1925
E) 1964
Question
The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called

A) habeas corpus.
B) selective incorporation.
C) the takings clause.
D) dual federalism.
E) cooperative federalism.
Question
Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?

A) The takings clause restricts national and state governments but not city governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.
E) The Bill of Rights limits state governments but not the national government.
Question
Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause?

A) The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols.
B) The Court has been permissive in allowing school prayer but strict in striking down the public display of religious symbols.
C) The Court has been strict in striking down both school prayer and the public display of religious symbols.
D) The Court has been permissive in allowing both school prayer and the public display of religious symbols.
E) The Court has avoided any rulings on the constitutionality of school prayer and the public display of religious symbols.
Question
The Bill of Rights

A) is the first ten amendments to the Constitution.
B) includes all of the civil liberties and civil rights found in the Constitution.
C) is the first national Constitution of the United States.
D) is the First Amendment to the Constitution.
E) is the Tenth Amendment to the Constitution.
Question
Which of the following rights is not found in the original, unamended Constitution?

A) guarantee of habeas corpus
B) prohibition of ex post facto laws
C) prohibition against cruel and unusual punishment
D) guarantee of trial by jury in the state where the crime was committed
E) prohibition of bills of attainder
Question
The Supreme Court cases Near v. Minnesota and Wolf v. Colorado were significant because they

A) struck down ex post facto laws.
B) protected the right of habeas corpus.
C) upheld the constitutionality of bills of attainder.
D) forced state governments to obey the Second Amendment of the Constitution.
E) incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
Question
The Bill of Rights was written because

A) the Antifederalists demanded it as the price of ratification of the Constitution.
B) the Federalists realized that no constitution would last for long without a bill of rights.
C) the federal government in the early days of the Republic was violating too many individual rights.
D) Alexander Hamilton advocated the measure very forcefully.
E) the Supreme Court ruled that a bill of rights was needed.
Question
What was the main reason that Alexander Hamilton did not want a bill of rights?

A) He wanted the government to have as much power as possible.
B) He believed that too many individual liberties destroyed the trust between citizen and government.
C) He believed it was unnecessary for a government that possessed only specifically delegated powers.
D) He believed a bill of rights would make the Constitution too long and cumbersome.
E) He believed a bill of rights would lead to too many frivolous lawsuits.
Question
Why is Palko v. Connecticut an important case?

A) It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B) The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government.
C) The Supreme Court established the "exclusionary rule" in this case.
D) This case was the first time the Supreme Court upheld the free exercise protections for a nonmainstream religion.
E) The Supreme Court ruled that persons under arrest must be informed of their right to remain silent.
Question
Which of the following statements best describes the impact of the Fourteenth Amendment?

A) The addition of the Fourteenth Amendment immediately forced state governments to abide by all of the provisions in the Bill of Rights.
B) The addition of the Fourteenth Amendment had no effect whatsoever on state governments because it was designed to address the federal government.
C) The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights, but the process took over one hundred years.
D) The addition of the Fourteenth Amendment required states to immediately abide by the First Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
E) The addition of the Fourteenth Amendment required states to immediately abide by the Tenth Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
Question
In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

A) permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
B) permissible only if it promotes religious organizations that have a large number of members.
C) permissible only if it promotes religious organizations that have a small number of members.
D) permissible only if it inhibits religious organizations who espouse anti-American beliefs.
E) never permissible.
Question
In West Virginia State Board of Education v. Barnette, the Supreme Court announced that

A) Amish children are not required to attend school past the age of twelve.
B) children cannot be required to salute the flag if it violates their religious faith.
C) children can be required to salute the flag even if it violates their religious faith.
D) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
E) prayer in school violates the establishment clause.
Question
The ______ of the First Amendment protects an individual's right to believe and practice whatever religion she or he chooses.

A) establishment clause
B) free association clause
C) free exercise clause
D) religious freedom restoration clause
E) privileges and immunities
Question
The first modern free speech case in which the Supreme Court interpreted the full scope of the First Amendment was

A) in the 1790s, soon after the Bill of Rights was ratified.
B) during the Civil War.
C) in the years right after World War I.
D) during the Great Depression.
E) during the Cold War.
Question
What was the result of the 2004 case that argued the phrase "under God" in the Pledge of Allegiance violated the First Amendment?

A) The Supreme Court ruled that the phrase did not violate the establishment clause.
B) The Supreme Court ruled that the phrase violated the establishment clause.
C) The Supreme Court ruled that the phrase was protected by the free exercise clause.
D) The Supreme Court ruled that the phrase was not protected by the free exercise clause.
E) The Supreme Court did not rule on the issue, dismissing the case on a technical matter.
Question
In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

A) spending by or on behalf of a candidate for office is protected speech.
B) libel is protected by the First Amendment, as long as the person libeled is a public figure.
C) burning draft cards is a protected symbolic act, but only if it is done in public.
D) the Espionage Act of 1917 was unconstitutional.
E) government can regulate speech if the speech contains an incitement to imminent lawless action.
Question
The first and most famous test for determining when the government could intervene to suppress political speech was called the

A) speech plus test.
B) clear and present danger test.
C) strict scrutiny test.
D) Lemon test.
E) imminent lawless action test.
Question
The Supreme Court case concerning smoking peyote during Native Americans' religious rituals demonstrates that the Court's key problem in ruling on religious freedom is to determine

A) the difference between religious beliefs and conduct that is based on religious beliefs.
B) which religions are serious and which are not.
C) which religious organizations are really illegal operations.
D) who is a true believer and who is not.
E) how much religious organizations can be taxed for their ceremonial practices.
Question
The Supreme Court's decision in Citizens United v. Federal Election Commission was significant because it concluded that

A) the Constitution prohibits the government from limiting campaign spending in any way.
B) the Constitution allows the government to prevent certain candidates from running campaign ads.
C) the Constitution allows the government to ban political speech funded by corporations.
D) the Constitution prohibits the government from regulating political speech funded by corporations.
E) the "millionaire's amendment" to the Bipartisan Campaign Reform Act was consistent with the Constitution.
Question
Freedom of speech and of the press have a special place in American democracy because

A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they are the only liberties explicitly mentioned in the Bill of Rights.
C) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
D) they have never been restricted by any law in the history of the United States.
E) they were the only liberties explicitly mentioned in Article I of the Constitution.
Question
The Supreme Court's decision in West Virginia State Board of Education v. Barnette was significant because it

A) endorsed the free exercise of religion even when it is offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) prohibited suspicionless searches of high school students.
E) banned prayers in public schools.
Question
Which of the following types of speech receives the greatest level of First Amendment protection?

A) slander
B) pornography
C) obscenity
D) libel
E) political speech that stops short of inciting violence
Question
The Supreme Court's decisions in Van Orden v. Perry and McCreary v. ACLU illustrate that

A) the issue of government-sponsored displays of religious symbols has not yet been definitively settled.
B) there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government.
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D) the Lemon test does not apply to cases involving school prayer.
E) the government will never be allowed to display any kind of religious symbols anywhere on government property.
Question
Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of

A) disagreements about the meaning of selective incorporation.
B) disagreements about the meaning of the establishment clause.
C) disagreements about the applicability of prior restraint.
D) disagreements about the applicability of the exclusionary rule.
E) disagreements about the meaning of eminent domain.
Question
What were the Alien and Sedition Acts?

A) laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States
B) laws that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations
C) a law passed by Congress denying civil liberties to all citizens
D) laws passed during the Civil War denying Confederate sympathizers the right to free speech
E) a law passed by Congress in 1921 that restricted immigration to the United States
Question
Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"?

A) John Marshall
B) Oliver Wendell Holmes
C) Earl Warren
D) Antonin Scalia
E) Thurgood Marshall
Question
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

A) libel.
B) prior restraint.
C) strict scrutiny.
D) speech plus.
E) due process.
Question
The words "under God" were added to the Pledge of Allegiance

A) in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B) during the Civil War, to tie the Union's war effort to religion.
C) in 1823, during a religious revival called the Second Great Awakening.
D) as a result of campaign promises made by the Republican Party during the election of 1980.
E) immediately following the ratification of the Constitution in 1788.
Question
The Religious Freedom Restoration Act, passed by Congress in 1993, was an attempt to

A) recognize Judeo-Christianity as the unofficial religion of the United States.
B) give more protection to religious freedoms than the Supreme Court was allowing.
C) establish a federal school voucher program.
D) permit prayer in public schools.
E) limit the kinds of religious ceremonies that nonmainstream religious organizations conduct at their services.
Question
Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?

A) The Court argued that the Constitution forbids the establishment of official or unofficial religions.
B) The Court argued that peyote smoking is illegal, even if it is for religious reasons.
C) The Court argued that Congress had violated the separation of powers principle.
D) The president did not formally sign the act.
E) The Court argued that the act unnecessarily limited an individual's right to believe and practice whatever religion he or she chooses.
Question
"Due process of law" in the United States is generally defined by the

A) First, Second, Third, and Fourth amendments.
B) First, Second, Ninth, and Tenth amendments.
C) Second, Third, Fourth, and Fifth amendments.
D) Fourth, Fifth, Sixth, and Eighth amendments.
E) Seventh, Eighth, Ninth, and Tenth amendments.
Question
Why was the Supreme Court case New York Times v. Sullivan significant?

A) The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B) The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C) The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D) The Court ruled that pornography is always illegal.
E) The Court ruled that "shield laws" were unconstitutional.
Question
Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because

A) state laws that make flag burning a crime are too lenient.
B) state laws that make flag burning a crime are too harsh.
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D) the Supreme Court has ruled that flag burning is a crime and that the Constitution should be updated to reflect this reality.
E) the Constitution must be made consistent with all of the state laws that also make flag burning a crime.
Question
The Supreme Court's 2010 ruling in McDonald v. Chicago was significant because

A) it applied the Second Amendment to state governments for the first time.
B) it rejected the idea that the Second Amendment applies to state governments.
C) it concluded that the Second Amendment applies only to state governments and not to the federal government.
D) it banned assault rifles in the United States.
E) it upheld the state of Illinois's restrictions on gun ownership by former felons.
Question
Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

A) Commercial speech receives no First Amendment protection.
B) Advertisements receive limited First Amendment protection.
C) Advertisements receive as much First Amendment protection as anything else written in the newspaper.
D) Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
E) The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection.
Question
The Second Amendment to the U.S. Constitution deals with

A) the right to bear arms.
B) the quartering of troops.
C) due process.
D) cruel and unusual punishment.
E) self-incrimination.
Question
When New York Times reporter Judith Miller was jailed in 2005, it illustrated that

A) the press has no constitutional right to withhold information in court.
B) prior restraint can still be allowed in cases of national security.
C) journalists are held to a higher standard of libel than average citizens.
D) parodies are not protected speech.
E) journalists can be punished for reporting inaccurate information on political stories.
Question
The Supreme Court's decision in R.A.V. v. City of St. Paul suggests that

A) high school students have the same freedom of speech rights as adults.
B) political speech receives more protection under the Constitution than commercial speech.
C) commercial speech receives more protection under the Constitution than political speech.
D) virtually all hate speech is not protected by the Constitution.
E) virtually all hate speech is constitutionally protected.
Question
The due process clause of the Fifth Amendment is best described as

A) a substantive civil liberty.
B) a procedural civil liberty.
C) a civil right.
D) a delegated power.
E) an instrumental power.
Question
Which of the following is the most recent constitutional issue concerning fighting words?

A) university harassment and hate speech codes
B) racial profiling
C) terrorist threats
D) vulgar and offensive satire and parodies
E) antibullying rules in elementary schools
Question
The ______ rule forbids the introduction in trial of any piece of evidence obtained illegally.

A) warrant
B) exclusionary
C) Miranda
D) ex post facto
E) evidentiary
Question
Why did the Supreme Court rule the Communications Decency Act unconstitutional?

A) Because it attempted to impose prior restraint on newspapers.
B) Because it violated the First Amendment's right to freedom of assembly.
C) Because it granted too much authority to the executive branch and, therefore, violated the separation of powers.
D) Because it attempted to protect children by suppressing speech that adults have a constitutional right to receive.
E) Because it imposed penalties that were too severe for certain forms of hate speech.
Question
The Fourth, Fifth, Sixth, and Eighth amendments are largely about

A) protections for those accused of committing a crime.
B) the right to privacy and travel.
C) the demands that citizens be treated equally.
D) the limits of Congress regarding economic regulation.
E) the process of amending the Constitution.
Question
Which of the following would not be an example of speech plus?

A) burning the American flag
B) assassinating a political leader
C) picketing a factory
D) holding a sit-in at a public park
E) distributing leaflets advocating political reform
Question
When the government blocks the publication of material it does not want released, this is known as

A) sedition.
B) speech plus.
C) prior restraint.
D) clear and present danger.
E) libel.
Question
What is the standard for determining guilt in criminal cases?

A) Guilt must be proven "beyond a reasonable doubt."
B) Guilt must be proven "beyond any possible doubt whatsoever."
C) Guilt is determined by "the preponderance of the evidence."
D) Guilt is determined by "which side has the better argument."
E) Guilt is determined according to different standards based on the severity of the crime.
Question
About what did Justice Potter Stewart confess, "I know it when I see it"?

A) fighting words
B) speech inciting violence
C) pornography
D) sedition
E) slander
Question
The rights to assembly and petition are guaranteed by the same amendment guaranteeing

A) free speech.
B) due process.
C) privacy.
D) the right to bear arms.
E) equal protection of the laws.
Question
The Court does not give full protection to fighting words because

A) insults hurt people's feelings.
B) such words are not part of the essential exposition of ideas.
C) fighting words are a form of sedition.
D) they are a form of obscenity.
E) fighting words are necessarily slanderous.
Question
The Supreme Court case Near v. Minnesota established the principle that

A) the government could block publication of newspapers during a time of crisis such as the Cold War.
B) only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines.
C) news articles that were not truthful received no First Amendment protection.
D) the news media could not publish obscene material.
E) the government cannot regulate any form of commercial speech.
Question
The takings clause states that government may not take private property

A) for public use.
B) without prior notification.
C) without just compensation.
D) without giving it back in due time.
E) for any reason.
Question
The controversy over suspicionless drug tests at school and in the workplace pits the government's war on drugs against the right

A) against self-incrimination.
B) against profiling.
C) to take drugs.
D) to privacy from unwarranted searches.
E) to a jury trial.
Question
The fact that federal courts have relied on a discretionary use of the exclusionary rule in recent years means that

A) states are no longer required to provide legal counsel to people accused of a crime.
B) states no longer have to follow the Miranda rule.
C) it is difficult to know whether a defendant will or will not be protected from an illegal search under the Fourth Amendment.
D) defendants will never be protected from an illegal search under the Fourth Amendment.
E) defendants will always be protected from an illegal search under the Fourth Amendment.
Question
What is a grand jury?

A) the name for the juries used in federal courts
B) a jury that determines whether there is enough evidence to justify a trial
C) a jury that determines the sentence after guilt has been proven
D) a jury that determines whether the rights of the accused have been violated
E) a jury that is composed of a large number of jurors
Question
Which of the following statements about America's prison population is false?

A) The United States imprisons more people per every 100,000 citizens than Rwanda, South Africa, Cuba, Brazil, and India.
B) African Americans make up about 38% of the prison population but only 13% of the overall population.
C) People convicted of violent crimes make up the majority of prison inmates.
D) There are almost no drug offenders in prison.
E) Women make up less than 10% of the prison population.
Question
Miranda v. Arizona was important because it produced rules that must be used

A) to determine if separation between church and state has been violated.
B) to judge whether or not printed materials are pornographic.
C) to determine if some element of the Bill of Rights should be applied to the states.
D) to determine whether a warrant should be issued for a police search.
E) by the police before questioning an arrested criminal suspect.
Question
The term eminent domain describes

A) the power of the government to take private property for public use.
B) the right of individuals not to have their private property taken by the government.
C) the power of the Supreme Court to declare the meaning and scope of all civil liberties.
D) the power of the federal government to seize land owned and managed by states, in the public interest.
E) the power of state governments to ignore a law enacted by the federal government.
Question
Which of the following is the best example of a substantive civil liberty?

A) "The accused shall enjoy a right to a speedy trial."
B) "Cruel and unusual punishments shall not be inflicted."
C) "Congress shall make no law respecting the establishment of religion."
D) "The right of the people against unreasonable searches and seizures shall not be violated."
E) "Excessive bail shall not be required, nor excessive fines imposed."
Question
Which of the following statements concerning the death penalty is false?

A) The United States is the only Western democracy to use the death penalty as a criminal sanction.
B) Thirty-six states have legalized the death penalty.
C) Congress has imposed capital punishment for more than fifty federal crimes.
D) The death penalty was never used in the United States prior to the 1950s.
E) Texas has executed more people than any other state.
Question
The right to legal counsel in a criminal proceeding is guaranteed by the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Seventh Amendment.
E) Eighth Amendment.
Question
A recent controversy that has tested the constitutional definition of "search and seizure" has been

A) a prohibition against voluntary suicides.
B) mandatory drug testing.
C) employers reading employees' e-mail messages.
D) a mandatory waiting period for purchasing firearms.
E) attempts to restrict access to abortions.
Question
The Eighth Amendment prohibits

A) double jeopardy.
B) cruel and unusual punishment.
C) denial of a lawyer in felony trials.
D) the violation of habeas corpus.
E) unlawful searches and seizures.
Question
What did the Supreme Court decide in Kelo v. City of New London (2005)?

A) Police officers must have probable cause before searching someone loitering on the street.
B) A city can seize land from private owners and transfer it to another private owner as part of a redevelopment program.
C) Individuals have restricted rights to free speech when they are on the property of private shopping malls.
D) City governments cannot establish their own school districts.
E) Using trained police dogs to look for drugs in cars stopped at roadblocks is unconstitutional.
Question
The right against ______ prevents persons from being tried twice for the same crime.

A) self-incrimination
B) double jeopardy
C) exclusion
D) unreasonable seizures
E) cruel and unusual punishment
Question
What was the Supreme Court case that declared the exclusionary rule?

A) Miranda v. Arizona
B) Near v. Minnesota
C) Mapp v. Ohio
D) Palko v. Connecticut
E) Griswold v. Connecticut
Question
The case of Gideon v. Wainwright established the right

A) to counsel in felony cases.
B) against self-incrimination.
C) to be warned of your rights at the time of arrest.
D) against suspicionless searches and seizures.
E) to an open trial before a judge.
Question
The Fourth Amendment protects against

A) cruel and unusual punishment.
B) unreasonable searches and seizures.
C) self-incrimination.
D) quartering military troops in private homes.
E) prior restraint.
Question
The Supreme Court formally articulated the right to privacy in a case involving

A) a law criminalizing abortion.
B) access to birth control.
C) the right to die.
D) the right to grow drugs for personal use.
E) sodomy laws.
Question
Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

A) a constitutional right to privacy.
B) American due process.
C) New Federalism.
D) a test that can be used to determine what is protected speech.
E) the rights of individuals accused of a crime.
Question
The requirement that persons under arrest be informed of their right to remain silent is known as the ______ rule.

A) Mapp
B) Gideon
C) Miranda
D) Palko
E) Gitlow
Unlock Deck
Sign up to unlock the cards in this deck!
Unlock Deck
Unlock Deck
1/107
auto play flashcards
Play
simple tutorial
Full screen (f)
exit full mode
Deck 4: Civil Liberties
1
Which of the following is not a liberty protected by the Bill of Rights?

A) the free exercise of religion
B) freedom from unreasonable searches and seizures
C) guarantee of due process of the law
D) equal protection of the laws
E) freedom of speech
D
2
If a person were imprisoned in the United States without an open trial before a judge, this action would

A) infringe upon the principle of selective incorporation.
B) constitute an ex post facto law.
C) undermine the Lemon test.
D) violate the right of habeas corpus.
E) defy the exclusionary rule.
D
3
During the Founding era, who were the strongest supporters of adding a bill of rights to the Constitution?

A) Federalists
B) Antifederalists
C) merchants and landowners
D) slaves
E) members of the military
B
4
The Lemon test involves what part of the Constitution?

A) free speech
B) establishment clause
C) due process
D) equal protection of the laws
E) free exercise clause
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
5
According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights?

A) Does the Bill of Rights put limits only on the national government, or does it limit state governments as well?
B) Does every state have to ratify each amendment to the Constitution, or only a majority of states?
C) Does the level of enforcement of the Bill of Rights have to be equal throughout every state?
D) Does the Bill of Rights legalize a national moral consensus?
E) Does the Supreme Court have the authority to determine the exact meaning of the Bill of Rights?
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
6
Which provision of the Bill of Rights has not been nationalized?

A) the right to a grand jury
B) the right against double jeopardy
C) the right to a lawyer
D) freedom from cruel and unusual punishment
E) the right to counsel in any criminal trial
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
7
The wall of separation between church and state is best found in what clause of the Constitution?

A) the free exercise clause
B) the establishment clause
C) the equal protection clause
D) the wall of separation clause
E) the full faith and credit clause
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
8
The procedural restraints found in the Bill of Rights

A) put limits on what government shall and shall not have the power to do.
B) define how the government is supposed to act.
C) define why the government is supposed to act.
D) discuss why the government is or is not supposed to do something.
E) define which powers each branch of government possesses.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
9
The constitutional basis for the nationalization of the Bill of Rights is

A) the First Amendment.
B) the Tenth Amendment.
C) the Fourteenth Amendment.
D) Plessy v. Ferguson.
E) Roe v. Wade.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
10
In what year was freedom of speech extended to protect against the acts of state governments?

A) 1833
B) 1865
C) 1868
D) 1925
E) 1964
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
11
The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state and federal actions is called

A) habeas corpus.
B) selective incorporation.
C) the takings clause.
D) dual federalism.
E) cooperative federalism.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
12
Which of the following is the best description of the Supreme Court's first ruling on the issue of the nationalization of the Bill of Rights in 1833?

A) The takings clause restricts national and state governments but not city governments.
B) The Bill of Rights should not be used if a state's constitution already contains its own bill of rights.
C) The takings clause does not cover accidents caused by government officials.
D) The Bill of Rights limits the national government but not state governments.
E) The Bill of Rights limits state governments but not the national government.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
13
Which of the following statements best summarizes the Supreme Court's decisions regarding the establishment clause?

A) The Court has been strict in striking down school prayer but permissive in allowing the public display of religious symbols.
B) The Court has been permissive in allowing school prayer but strict in striking down the public display of religious symbols.
C) The Court has been strict in striking down both school prayer and the public display of religious symbols.
D) The Court has been permissive in allowing both school prayer and the public display of religious symbols.
E) The Court has avoided any rulings on the constitutionality of school prayer and the public display of religious symbols.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
14
The Bill of Rights

A) is the first ten amendments to the Constitution.
B) includes all of the civil liberties and civil rights found in the Constitution.
C) is the first national Constitution of the United States.
D) is the First Amendment to the Constitution.
E) is the Tenth Amendment to the Constitution.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
15
Which of the following rights is not found in the original, unamended Constitution?

A) guarantee of habeas corpus
B) prohibition of ex post facto laws
C) prohibition against cruel and unusual punishment
D) guarantee of trial by jury in the state where the crime was committed
E) prohibition of bills of attainder
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
16
The Supreme Court cases Near v. Minnesota and Wolf v. Colorado were significant because they

A) struck down ex post facto laws.
B) protected the right of habeas corpus.
C) upheld the constitutionality of bills of attainder.
D) forced state governments to obey the Second Amendment of the Constitution.
E) incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
17
The Bill of Rights was written because

A) the Antifederalists demanded it as the price of ratification of the Constitution.
B) the Federalists realized that no constitution would last for long without a bill of rights.
C) the federal government in the early days of the Republic was violating too many individual rights.
D) Alexander Hamilton advocated the measure very forcefully.
E) the Supreme Court ruled that a bill of rights was needed.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
18
What was the main reason that Alexander Hamilton did not want a bill of rights?

A) He wanted the government to have as much power as possible.
B) He believed that too many individual liberties destroyed the trust between citizen and government.
C) He believed it was unnecessary for a government that possessed only specifically delegated powers.
D) He believed a bill of rights would make the Constitution too long and cumbersome.
E) He believed a bill of rights would lead to too many frivolous lawsuits.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
19
Why is Palko v. Connecticut an important case?

A) It was the first time the Supreme Court announced a constitutionally protected right to privacy.
B) The Supreme Court explained the process for determining which parts of the Bill of Rights would protect individuals against states as well as the national government.
C) The Supreme Court established the "exclusionary rule" in this case.
D) This case was the first time the Supreme Court upheld the free exercise protections for a nonmainstream religion.
E) The Supreme Court ruled that persons under arrest must be informed of their right to remain silent.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
20
Which of the following statements best describes the impact of the Fourteenth Amendment?

A) The addition of the Fourteenth Amendment immediately forced state governments to abide by all of the provisions in the Bill of Rights.
B) The addition of the Fourteenth Amendment had no effect whatsoever on state governments because it was designed to address the federal government.
C) The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights, but the process took over one hundred years.
D) The addition of the Fourteenth Amendment required states to immediately abide by the First Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
E) The addition of the Fourteenth Amendment required states to immediately abide by the Tenth Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
21
In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

A) permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion.
B) permissible only if it promotes religious organizations that have a large number of members.
C) permissible only if it promotes religious organizations that have a small number of members.
D) permissible only if it inhibits religious organizations who espouse anti-American beliefs.
E) never permissible.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
22
In West Virginia State Board of Education v. Barnette, the Supreme Court announced that

A) Amish children are not required to attend school past the age of twelve.
B) children cannot be required to salute the flag if it violates their religious faith.
C) children can be required to salute the flag even if it violates their religious faith.
D) school officials are permitted greater authority to censor speech and expression than would be permissible off school grounds.
E) prayer in school violates the establishment clause.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
23
The ______ of the First Amendment protects an individual's right to believe and practice whatever religion she or he chooses.

A) establishment clause
B) free association clause
C) free exercise clause
D) religious freedom restoration clause
E) privileges and immunities
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
24
The first modern free speech case in which the Supreme Court interpreted the full scope of the First Amendment was

A) in the 1790s, soon after the Bill of Rights was ratified.
B) during the Civil War.
C) in the years right after World War I.
D) during the Great Depression.
E) during the Cold War.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
25
What was the result of the 2004 case that argued the phrase "under God" in the Pledge of Allegiance violated the First Amendment?

A) The Supreme Court ruled that the phrase did not violate the establishment clause.
B) The Supreme Court ruled that the phrase violated the establishment clause.
C) The Supreme Court ruled that the phrase was protected by the free exercise clause.
D) The Supreme Court ruled that the phrase was not protected by the free exercise clause.
E) The Supreme Court did not rule on the issue, dismissing the case on a technical matter.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
26
In the 1976 decision Buckley v. Valeo, the Supreme Court articulated the principle that

A) spending by or on behalf of a candidate for office is protected speech.
B) libel is protected by the First Amendment, as long as the person libeled is a public figure.
C) burning draft cards is a protected symbolic act, but only if it is done in public.
D) the Espionage Act of 1917 was unconstitutional.
E) government can regulate speech if the speech contains an incitement to imminent lawless action.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
27
The first and most famous test for determining when the government could intervene to suppress political speech was called the

A) speech plus test.
B) clear and present danger test.
C) strict scrutiny test.
D) Lemon test.
E) imminent lawless action test.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
28
The Supreme Court case concerning smoking peyote during Native Americans' religious rituals demonstrates that the Court's key problem in ruling on religious freedom is to determine

A) the difference between religious beliefs and conduct that is based on religious beliefs.
B) which religions are serious and which are not.
C) which religious organizations are really illegal operations.
D) who is a true believer and who is not.
E) how much religious organizations can be taxed for their ceremonial practices.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
29
The Supreme Court's decision in Citizens United v. Federal Election Commission was significant because it concluded that

A) the Constitution prohibits the government from limiting campaign spending in any way.
B) the Constitution allows the government to prevent certain candidates from running campaign ads.
C) the Constitution allows the government to ban political speech funded by corporations.
D) the Constitution prohibits the government from regulating political speech funded by corporations.
E) the "millionaire's amendment" to the Bipartisan Campaign Reform Act was consistent with the Constitution.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
30
Freedom of speech and of the press have a special place in American democracy because

A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they are the only liberties explicitly mentioned in the Bill of Rights.
C) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
D) they have never been restricted by any law in the history of the United States.
E) they were the only liberties explicitly mentioned in Article I of the Constitution.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
31
The Supreme Court's decision in West Virginia State Board of Education v. Barnette was significant because it

A) endorsed the free exercise of religion even when it is offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) prohibited suspicionless searches of high school students.
E) banned prayers in public schools.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
32
Which of the following types of speech receives the greatest level of First Amendment protection?

A) slander
B) pornography
C) obscenity
D) libel
E) political speech that stops short of inciting violence
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
33
The Supreme Court's decisions in Van Orden v. Perry and McCreary v. ACLU illustrate that

A) the issue of government-sponsored displays of religious symbols has not yet been definitively settled.
B) there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government.
C) the free exercise clause has still not been incorporated through the Fourteenth Amendment.
D) the Lemon test does not apply to cases involving school prayer.
E) the government will never be allowed to display any kind of religious symbols anywhere on government property.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
34
Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of

A) disagreements about the meaning of selective incorporation.
B) disagreements about the meaning of the establishment clause.
C) disagreements about the applicability of prior restraint.
D) disagreements about the applicability of the exclusionary rule.
E) disagreements about the meaning of eminent domain.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
35
What were the Alien and Sedition Acts?

A) laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States
B) laws that made it a crime for foreign immigrants to belong to the Communist Party or other anti-American organizations
C) a law passed by Congress denying civil liberties to all citizens
D) laws passed during the Civil War denying Confederate sympathizers the right to free speech
E) a law passed by Congress in 1921 that restricted immigration to the United States
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
36
Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"?

A) John Marshall
B) Oliver Wendell Holmes
C) Earl Warren
D) Antonin Scalia
E) Thurgood Marshall
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
37
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restrict speech is called

A) libel.
B) prior restraint.
C) strict scrutiny.
D) speech plus.
E) due process.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
38
The words "under God" were added to the Pledge of Allegiance

A) in the midst of the Cold War, as a response to the "godless communism" of the Soviet Union.
B) during the Civil War, to tie the Union's war effort to religion.
C) in 1823, during a religious revival called the Second Great Awakening.
D) as a result of campaign promises made by the Republican Party during the election of 1980.
E) immediately following the ratification of the Constitution in 1788.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
39
The Religious Freedom Restoration Act, passed by Congress in 1993, was an attempt to

A) recognize Judeo-Christianity as the unofficial religion of the United States.
B) give more protection to religious freedoms than the Supreme Court was allowing.
C) establish a federal school voucher program.
D) permit prayer in public schools.
E) limit the kinds of religious ceremonies that nonmainstream religious organizations conduct at their services.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
40
Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?

A) The Court argued that the Constitution forbids the establishment of official or unofficial religions.
B) The Court argued that peyote smoking is illegal, even if it is for religious reasons.
C) The Court argued that Congress had violated the separation of powers principle.
D) The president did not formally sign the act.
E) The Court argued that the act unnecessarily limited an individual's right to believe and practice whatever religion he or she chooses.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
41
"Due process of law" in the United States is generally defined by the

A) First, Second, Third, and Fourth amendments.
B) First, Second, Ninth, and Tenth amendments.
C) Second, Third, Fourth, and Fifth amendments.
D) Fourth, Fifth, Sixth, and Eighth amendments.
E) Seventh, Eighth, Ninth, and Tenth amendments.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
42
Why was the Supreme Court case New York Times v. Sullivan significant?

A) The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel.
B) The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate.
C) The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances.
D) The Court ruled that pornography is always illegal.
E) The Court ruled that "shield laws" were unconstitutional.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
43
Members of Congress have frequently proposed a constitutional amendment to make flag burning a crime because

A) state laws that make flag burning a crime are too lenient.
B) state laws that make flag burning a crime are too harsh.
C) the only way to overturn the Supreme Court's ruling that flag burning is protected speech is through a constitutional amendment.
D) the Supreme Court has ruled that flag burning is a crime and that the Constitution should be updated to reflect this reality.
E) the Constitution must be made consistent with all of the state laws that also make flag burning a crime.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
44
The Supreme Court's 2010 ruling in McDonald v. Chicago was significant because

A) it applied the Second Amendment to state governments for the first time.
B) it rejected the idea that the Second Amendment applies to state governments.
C) it concluded that the Second Amendment applies only to state governments and not to the federal government.
D) it banned assault rifles in the United States.
E) it upheld the state of Illinois's restrictions on gun ownership by former felons.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
45
Which of the following best reflects the Supreme Court's position on commercial speech, such as advertisements?

A) Commercial speech receives no First Amendment protection.
B) Advertisements receive limited First Amendment protection.
C) Advertisements receive as much First Amendment protection as anything else written in the newspaper.
D) Commercial speech regulations depend on the commerce clause, not the Bill of Rights.
E) The Supreme Court has never issued a ruling on the extent to which commercial speech receives First Amendment protection.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
46
The Second Amendment to the U.S. Constitution deals with

A) the right to bear arms.
B) the quartering of troops.
C) due process.
D) cruel and unusual punishment.
E) self-incrimination.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
47
When New York Times reporter Judith Miller was jailed in 2005, it illustrated that

A) the press has no constitutional right to withhold information in court.
B) prior restraint can still be allowed in cases of national security.
C) journalists are held to a higher standard of libel than average citizens.
D) parodies are not protected speech.
E) journalists can be punished for reporting inaccurate information on political stories.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
48
The Supreme Court's decision in R.A.V. v. City of St. Paul suggests that

A) high school students have the same freedom of speech rights as adults.
B) political speech receives more protection under the Constitution than commercial speech.
C) commercial speech receives more protection under the Constitution than political speech.
D) virtually all hate speech is not protected by the Constitution.
E) virtually all hate speech is constitutionally protected.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
49
The due process clause of the Fifth Amendment is best described as

A) a substantive civil liberty.
B) a procedural civil liberty.
C) a civil right.
D) a delegated power.
E) an instrumental power.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
50
Which of the following is the most recent constitutional issue concerning fighting words?

A) university harassment and hate speech codes
B) racial profiling
C) terrorist threats
D) vulgar and offensive satire and parodies
E) antibullying rules in elementary schools
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
51
The ______ rule forbids the introduction in trial of any piece of evidence obtained illegally.

A) warrant
B) exclusionary
C) Miranda
D) ex post facto
E) evidentiary
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
52
Why did the Supreme Court rule the Communications Decency Act unconstitutional?

A) Because it attempted to impose prior restraint on newspapers.
B) Because it violated the First Amendment's right to freedom of assembly.
C) Because it granted too much authority to the executive branch and, therefore, violated the separation of powers.
D) Because it attempted to protect children by suppressing speech that adults have a constitutional right to receive.
E) Because it imposed penalties that were too severe for certain forms of hate speech.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
53
The Fourth, Fifth, Sixth, and Eighth amendments are largely about

A) protections for those accused of committing a crime.
B) the right to privacy and travel.
C) the demands that citizens be treated equally.
D) the limits of Congress regarding economic regulation.
E) the process of amending the Constitution.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
54
Which of the following would not be an example of speech plus?

A) burning the American flag
B) assassinating a political leader
C) picketing a factory
D) holding a sit-in at a public park
E) distributing leaflets advocating political reform
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
55
When the government blocks the publication of material it does not want released, this is known as

A) sedition.
B) speech plus.
C) prior restraint.
D) clear and present danger.
E) libel.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
56
What is the standard for determining guilt in criminal cases?

A) Guilt must be proven "beyond a reasonable doubt."
B) Guilt must be proven "beyond any possible doubt whatsoever."
C) Guilt is determined by "the preponderance of the evidence."
D) Guilt is determined by "which side has the better argument."
E) Guilt is determined according to different standards based on the severity of the crime.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
57
About what did Justice Potter Stewart confess, "I know it when I see it"?

A) fighting words
B) speech inciting violence
C) pornography
D) sedition
E) slander
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
58
The rights to assembly and petition are guaranteed by the same amendment guaranteeing

A) free speech.
B) due process.
C) privacy.
D) the right to bear arms.
E) equal protection of the laws.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
59
The Court does not give full protection to fighting words because

A) insults hurt people's feelings.
B) such words are not part of the essential exposition of ideas.
C) fighting words are a form of sedition.
D) they are a form of obscenity.
E) fighting words are necessarily slanderous.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
60
The Supreme Court case Near v. Minnesota established the principle that

A) the government could block publication of newspapers during a time of crisis such as the Cold War.
B) only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines.
C) news articles that were not truthful received no First Amendment protection.
D) the news media could not publish obscene material.
E) the government cannot regulate any form of commercial speech.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
61
The takings clause states that government may not take private property

A) for public use.
B) without prior notification.
C) without just compensation.
D) without giving it back in due time.
E) for any reason.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
62
The controversy over suspicionless drug tests at school and in the workplace pits the government's war on drugs against the right

A) against self-incrimination.
B) against profiling.
C) to take drugs.
D) to privacy from unwarranted searches.
E) to a jury trial.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
63
The fact that federal courts have relied on a discretionary use of the exclusionary rule in recent years means that

A) states are no longer required to provide legal counsel to people accused of a crime.
B) states no longer have to follow the Miranda rule.
C) it is difficult to know whether a defendant will or will not be protected from an illegal search under the Fourth Amendment.
D) defendants will never be protected from an illegal search under the Fourth Amendment.
E) defendants will always be protected from an illegal search under the Fourth Amendment.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
64
What is a grand jury?

A) the name for the juries used in federal courts
B) a jury that determines whether there is enough evidence to justify a trial
C) a jury that determines the sentence after guilt has been proven
D) a jury that determines whether the rights of the accused have been violated
E) a jury that is composed of a large number of jurors
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
65
Which of the following statements about America's prison population is false?

A) The United States imprisons more people per every 100,000 citizens than Rwanda, South Africa, Cuba, Brazil, and India.
B) African Americans make up about 38% of the prison population but only 13% of the overall population.
C) People convicted of violent crimes make up the majority of prison inmates.
D) There are almost no drug offenders in prison.
E) Women make up less than 10% of the prison population.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
66
Miranda v. Arizona was important because it produced rules that must be used

A) to determine if separation between church and state has been violated.
B) to judge whether or not printed materials are pornographic.
C) to determine if some element of the Bill of Rights should be applied to the states.
D) to determine whether a warrant should be issued for a police search.
E) by the police before questioning an arrested criminal suspect.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
67
The term eminent domain describes

A) the power of the government to take private property for public use.
B) the right of individuals not to have their private property taken by the government.
C) the power of the Supreme Court to declare the meaning and scope of all civil liberties.
D) the power of the federal government to seize land owned and managed by states, in the public interest.
E) the power of state governments to ignore a law enacted by the federal government.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
68
Which of the following is the best example of a substantive civil liberty?

A) "The accused shall enjoy a right to a speedy trial."
B) "Cruel and unusual punishments shall not be inflicted."
C) "Congress shall make no law respecting the establishment of religion."
D) "The right of the people against unreasonable searches and seizures shall not be violated."
E) "Excessive bail shall not be required, nor excessive fines imposed."
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
69
Which of the following statements concerning the death penalty is false?

A) The United States is the only Western democracy to use the death penalty as a criminal sanction.
B) Thirty-six states have legalized the death penalty.
C) Congress has imposed capital punishment for more than fifty federal crimes.
D) The death penalty was never used in the United States prior to the 1950s.
E) Texas has executed more people than any other state.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
70
The right to legal counsel in a criminal proceeding is guaranteed by the

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Seventh Amendment.
E) Eighth Amendment.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
71
A recent controversy that has tested the constitutional definition of "search and seizure" has been

A) a prohibition against voluntary suicides.
B) mandatory drug testing.
C) employers reading employees' e-mail messages.
D) a mandatory waiting period for purchasing firearms.
E) attempts to restrict access to abortions.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
72
The Eighth Amendment prohibits

A) double jeopardy.
B) cruel and unusual punishment.
C) denial of a lawyer in felony trials.
D) the violation of habeas corpus.
E) unlawful searches and seizures.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
73
What did the Supreme Court decide in Kelo v. City of New London (2005)?

A) Police officers must have probable cause before searching someone loitering on the street.
B) A city can seize land from private owners and transfer it to another private owner as part of a redevelopment program.
C) Individuals have restricted rights to free speech when they are on the property of private shopping malls.
D) City governments cannot establish their own school districts.
E) Using trained police dogs to look for drugs in cars stopped at roadblocks is unconstitutional.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
74
The right against ______ prevents persons from being tried twice for the same crime.

A) self-incrimination
B) double jeopardy
C) exclusion
D) unreasonable seizures
E) cruel and unusual punishment
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
75
What was the Supreme Court case that declared the exclusionary rule?

A) Miranda v. Arizona
B) Near v. Minnesota
C) Mapp v. Ohio
D) Palko v. Connecticut
E) Griswold v. Connecticut
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
76
The case of Gideon v. Wainwright established the right

A) to counsel in felony cases.
B) against self-incrimination.
C) to be warned of your rights at the time of arrest.
D) against suspicionless searches and seizures.
E) to an open trial before a judge.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
77
The Fourth Amendment protects against

A) cruel and unusual punishment.
B) unreasonable searches and seizures.
C) self-incrimination.
D) quartering military troops in private homes.
E) prior restraint.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
78
The Supreme Court formally articulated the right to privacy in a case involving

A) a law criminalizing abortion.
B) access to birth control.
C) the right to die.
D) the right to grow drugs for personal use.
E) sodomy laws.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
79
Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

A) a constitutional right to privacy.
B) American due process.
C) New Federalism.
D) a test that can be used to determine what is protected speech.
E) the rights of individuals accused of a crime.
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
80
The requirement that persons under arrest be informed of their right to remain silent is known as the ______ rule.

A) Mapp
B) Gideon
C) Miranda
D) Palko
E) Gitlow
Unlock Deck
Unlock for access to all 107 flashcards in this deck.
Unlock Deck
k this deck
locked card icon
Unlock Deck
Unlock for access to all 107 flashcards in this deck.