Deck 4: Civil Rights and Liberties

Question 1

What is one reason the courts are often seen as an institution capable of protecting minority rights?

A) Courts have enforcement measures that require legislatures and executives to comply with their rulings.
B) The U.S. Congress gave the courts this jurisdiction through the Judiciary Act of 1789.
C) Historically, the Court has been a better representative body for minorities than the other two bodies.
D) The Court is a nonelected body, and thus is immune from electoral pressures.
E) The Court is immune to a presidential veto.

Answer 1

D

Question 2

Which of the following best describes the Supreme Court's ruling in Korematsu v. United States (1944)?

A) The Japanese could be forced to stay in the camps if the U.S. government could prove that an individual was a potential risk to the country.
B) Security needs outweighed the rights of Japanese Americans and Japanese immigrants.
C) Naturalized citizens still had rights, and therefore needed to be immediately released from internment, while immigrants and nonnaturalized citizens could remain in internment indefinitely.
D) The Court ruled that the Japanese citizens and immigrants had limited rights afforded to them, such as the right to due process of law, but other rights, such as the right to bear arms, were rescinded.
E) The Supreme Court ordered the immediate end to the Japanese internment program, finding that the rights of citizens outweighed security needs.

Answer 2

B

Question 3

In the Philip K. Dick short story and Steven Spielberg film "Minority Report," individuals with heightened psychological senses see crimes occur before they actually happen, which allows the police to arrest individuals on the basis of the visions before a crime has occurred. What body would define the limits on this sort of practice, and why?

A) the Supreme Court, because it has final say over what types of laws it hears cases about
B) the Supreme Court, because it is considered to be the key ruler in the definition of institutional boundaries on governmental and individual conduct
C) the U.S. Congress, because it is considered to be the key ruler in the definition of institutional boundaries on governmental and individual conduct
D) the U.S. Congress, because it crafts and develops the laws in the United States
E) the U.S. president, because his or her veto can stop legislation from being enacted

Answer 3

B

Question 4

Which statement best represents those rights and liberties not explicitly stated in the U.S. Constitution or the Bill of Rights?

A) They are "discovered" by the courts in the Constitution and Bill of Rights.
B) The Eighth Amendment protects individuals all rights not explicitly stated by the Bill of Rights.
C) These rights do not exist, and the federal government can restrict these rights at will.
D) The president has control over which nonexplicit rights are protected and which ones are not.
E) States are left to interpret the Constitution and make law, which cannot be overturned due to the primacy of federalism.

Question 5

Which institution or institutions is/are most directly responsible for enforcing the Constitution's limits on government power?

A) Congress
B) the president
C) states
D) federal courts
E) the United Nations

Question 6

What is the central constitutional question surrounding the Second Amendment?

A) Is the right to bear arms a collective right or an individual right?
B) What constitutes a firearm?
C) What are the parameters of free speech?
D) Who has the freedom to assemble?
E) Does the right to freedom of religion apply to terrorists?

Question 7

Which Supreme Court decision held that blacks did not possess the rights and freedoms guaranteed to citizens under the U.S. Constitution?

A) Engle v. Vitale
B) Marbury v. Madison
C) Plessy v. Fergusson
D) Roe v. Wade
E) Dred Scott v. Sandford

Question 8

What is the principle reason that American courts must depend on legitimacy to ensure compliance with their decisions?

A) Courts usually lack independent mechanisms to enforce their decisions.
B) Most court decisions are unpopular.
C) The president and Congress are prohibited from enforcing judicial decisions under the separation of powers.
D) States may nullify illegitimate judicial decisions.
E) The Bill of Rights declares judicial legitimacy.

Question 9

Which of the following would fall under the rights and liberties protections that safeguard U.S. citizens from government intrusion?

A) the right to assemble
B) the right to vote
C) the right to party
D) the right to a court-appointed lawyer
E) the right to petition the government

Question 10

Which of the following best describes the status of rights and liberties in the United States since the enactment of the Constitution?

A) Rights and liberties have always been clear and well-defined, with little need for interpretation from the court system.
B) Rights and liberties have changed over time, through the use of the ballot box at the state level.
C) Changes to rights and liberties have not been controversial, as the government and the American people have generally accepted the increase in rights to individuals.
D) Rights and liberties have evolved over time, due to changing social conditions, laws, and events.
E) All changes to rights and liberties have come from the courts, starting with the case Haley v. United States (1874).

Question 11

What important social movement promoted the goals of equal treatment under the law and nondiscrimination, particularly for African Americans?

A) Jim Crow
B) the pacifist movement
C) the labor movement
D) the civil rights movement
E) the feminist movement

Question 12

Which of the following is true of how the United States has generally dealt with new populations of immigrants?

A) The United States has always been accepting of immigrant groups, with equal rights given to naturalized citizens-hence the designation "melting pot."
B) Immigration discrimination problems are only a recent development, directed primarily at Mexican Americans and Arab Americans.
C) The United States has always been accepting of immigrant groups, with equal rights given to green card holders-hence the designation "melting pot."
D) Immigrant groups have faced discrimination throughout U.S. history, with discrimination centering on different groups over time.
E) Immigration is an issue that has primarily been taken up at the congressional level over time.

Question 13

Which of the following best describes the Founders' use and conception of equality and liberty in the U.S. Constitution and the Bill of Rights?

A) The Founders relied on notions of equality and liberty to placate the state of Massachusetts, which found Virginia's lack of rights especially disturbing.
B) Rights and liberties related to equality and liberty were constructed from common law rights and similar rights espoused in the Magna Carta.
C) The Founders based their laws on French republican law, which had cemented itself in the aftermath of the French Revolution.
D) Notions of a God-given "natural law" that is independent of government, which emphasizes human sameness, was central to the Founders' conceptions.
E) The Founders based their laws on the Roman Twelve Tables, which increased the rights of the plebes versus the patricians in the 500s BC.

Question 14

Which set of laws passed after the Civil War established a system of segregation of public facilities and private establishments, effectively making African Americans second-class citizens?

A) the Intolerable Acts
B) the Jim Crow laws
C) apartheid
D) de facto segregation
E) the Articles of Confederation

Question 15

What did the Alien and Sedition Acts do?

A) They prohibited immigrants from running for public office in the United States.
B) They encouraged immigrants to perform acts of sedition.
C) They prohibited public criticism of the federal government and increased the president's authority to detain and deport immigrants.
D) They authorized state governments to use their militias to defend federal property against attacks from foreign powers.
E) They issued letters of marque and reprisal to foreign-owned ships to attack vessels transporting slaves to the Confederacy during the Civil War.

Question 16

Which of the following statements best describes the relationship between civil rights and civil liberties?

A) Civil liberties are protections provided by the government, whereas civil rights are protections from the government.
B) Civil rights are protections provided by the government, whereas civil liberties are protections from the government.
C) The terms can be used interchangeably.
D) Civil liberties require obligations from the government, and civil rights establish boundaries on the government.
E) The relationship is difficult to define because it is always changing.

Question 17

Which of the following best describes the reaction (in terms of the balance between security and liberty) to the movement in the 1960s by the federal government to infiltrate and spy on groups opposed to the Vietnam War?

A) These actions are generally considered to be just today, with their constitutionality well-defined by the courts and scholars.
B) The spying is considered to have been legitimate, but infiltration was considered to be nonlegitimate, with the Supreme Court finding that infiltration of a group violates its freedom to assemble.
C) The infiltration is considered to have been legitimate, but spying was considered to be nonlegitimate, with the Supreme Court finding that spying on a group violates its freedom of speech.
D) Both infiltration and spying were thrown out as methods of police action due to the Supreme Court case Marsh v. Chambers (1983).
E) There has been no consensus on whether these tactics were legitimate law enforcement or violations of civil rights and liberties.

Question 18

Which of the following is true of the Virginia Declaration of Rights?

A) It included a provision giving slaves the right to vote in the state.
B) It became the basis for other bills of rights, including the U.S. Bill of Rights.
C) It only deals with the rights protecting individuals from government, not the rights government must give to citizens.
D) It was ignored during its own time, but has recently been taken up by Tea Party groups as a way to better interpret the U.S. Bill of Rights.
E) It was the first rights bill passed after the U.S. Bill of Rights, becoming the basis for incorporation.

Question 19

Which of the following would NOT fall under the rights and liberties protections that the U.S. government must provide to citizens?

A) freedom of speech
B) freedom of religion
C) the right to party
D) the right to vote
E) the right to assemble

Question 20

What is the primary purpose of the Bill of Rights?

A) to ensure the effective representation of political majorities
B) to limit the ability of political minorities to influence the political process
C) to balance the interests of political factions
D) to protect the rights and liberties of political minorities against the actions of a political majority
E) to expand Congress's set of enumerated powers

Question 21

In what ways did the U.S. Department of Justice support African Americans after the civil rights movement?

A) enforcing voting rights for racial minorities
B) ensuring equal access to housing and public benefits
C) pressuring the Supreme Court to take up important constitutional questions
D) enforcing voting rights for racial minorities and ensuring equal access to housing and public benefits
E) enforcing voting rights for racial minorities and pressuring the Supreme Court to take up important constitutional questions

Question 22

Which of the following would best be described as a case where incorporation occurs?

A) NFIB v. Sebelius (2012), where the Supreme Court decided that the Affordable Care Act is constitutional due to the taxing clause in the U.S. Constitution
B) Marbury v. Madison (1803), where the Supreme Court established its power over judicial review
C) Baker v. Carr (1962), in which the Supreme Court established the "one man, one vote" standard
D) McDonald v. Chicago (2010), where the right to bear arms is extended to state and local governments
E) Loving v. Virginia (1967), where interracial marriage bans are struck down

Question 23

What event effectively began the process of incorporation in the American states?

A) the ratification of the Fourteenth Amendment
B) the election of Chester A. Arthur as president of the United States
C) Dred Scott v. Sandford (1858)
D) Plessy v. Ferguson (1898)
E) the passage of the Voting Rights Act

Question 24

A law prohibiting ________ from operating motor vehicles on public streets would be reviewed under the rational basis test.

A) Catholics
B) legally blind individuals
C) men
D) naturalized citizens
E) Latinos

Question 25

In the 1944 case Korematsu v. U.S., the Supreme Court ruled that the internment of Japanese Americans was constitutional because it forwarded a compelling state interest of national security. This is an example of which type of judicial review?

A) intermediate scrutiny
B) the rational basis test
C) strict scrutiny
D) the narrowly tailored test
E) the equal protection test

Question 26

A law that banned Inuits from buying property in Alaska would be reviewed under which of the following standards of judicial review?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 27

The constitutionality of affirmative action programs based on gender is evaluated under ________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 28

Arthur wakes up one morning and finds out that the federal government is about to bulldoze his house and replace it with a highway, and he will not be receiving any compensation for his deprivation of property. Which of Arthur's rights has just been violated?

A) the right to due process
B) freedom of speech
C) the right to eminent domain
D) the right to prior notice
E) the right to a fair trial

Question 29

Which standard of judicial review requires a statute to advance a "compelling state interest" and represent the "least intrusive means" to do so?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 30

Which is the principle stating that laws passed and enforced by states must apply fairly to all individuals?

A) due process
B) natural right
C) equal protection
D) civil right
E) civil liberty

Question 31

The Equal Rights Amendment proposed to eliminate discrimination on the basis of ________.

A) race
B) religion
C) immigrant status
D) sex
E) ethnicity

Question 32

Which is the most restrictive standard of review used by the Supreme Court?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 33

In Craig v. Boren, the Supreme Court ruled unconstitutional a law that prohibited the sale of beer with 3.2 percent alcohol content to males under 21, but permitted the same sales to females under 21. The Court evaluated the constitutionality of the law using ________.

A) the rational basis test
B) intermediate scrutiny
C) strict scrutiny
D) the equal protection test
E) the compelling state interest test

Question 34

Which body played an especially important role in the implementation of voting rights laws and other laws that began to deal with the discrepancies between African Americans and others in the aftermath of the civil rights movement?

A) the U.S. House of Representatives
B) the U.S. Senate
C) the U.S. Department of Justice
D) the U.S. Supreme Court
E) the United Nations

Question 35

Which is the right to legal protections against arbitrary deprivation of life, liberty, or property?

A) due process
B) natural right
C) equal protection
D) civil right
E) civil liberty

Question 36

Which is the process by which the rights and liberties guaranteed by the Bill of Rights are applied to state and local governments through the Fourteenth Amendment?

A) eminent domain
B) establishment
C) expansion
D) applied
E) incorporation

Question 37

Which is the LEAST restrictive standard of review used by the Supreme Court?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 38

Which standard of judicial review requires a statute to advance an "important state interest" and be "substantially related" to its objective?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 39

In Cantwell v. Connecticut, the Supreme Court ruled that a Connecticut law requiring people wishing to solicit donations for religious organizations to obtain a permit from the state was unconstitutional under the First and Fourteenth Amendments. This case is, therefore, an example of ________.

A) Jim Crow
B) civil rights
C) civil liability
D) double jeopardy
E) incorporation

Question 40

Which standard of judicial review requires only that a law have a reasonable relationship between its goal and the means used to achieve it?

A) the rational basis test
B) the undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 41

Which statement best describes the current state of affirmative action law, in the aftermath of the Bollinger cases of 2003 and the Fisher cases of 2013?

A) Race can be used as a factor, but it cannot be the only factor used in hiring and admission.
B) In many circumstances, race can be used as the only factor in admission or hiring.
C) Special quotas for different races are allowed.
D) The U.S. Congress has authority over what types of affirmative action are legal, and what are not.
E) Race cannot be used as a factor in hiring and admissions.

Question 42

Define the terms civil rights and civil liberties. How are these concepts related? How are they different? Identify three civil rights and civil liberties protected by the Bill of Rights.

Question 43

Why is balance so important to the question of rights and liberties decisions by the Supreme Court?

A) Balance allows for future nuance in rulings.
B) Balance serves to help maintain a society that is both ordered and protects rights and liberties.
C) Balance allows the other branches of government to make decisions.
D) Balance makes the public debate the issue more thoroughly.
E) Balance leads to generally calmer discourse on policy.

Question 44

Which of the following democracies best resembles the United States both in terms of history and its approach to civil rights and liberties?

A) the United Kingdom
B) the Netherlands
C) France
D) Portugal
E) Mexico

Question 45

A statute that discriminates on the basis of ________ would be reviewed under intermediate scrutiny by the U.S. Supreme Court.

A) race
B) religion
C) ethnicity
D) sex
E) national origin

Question 46

Which statement best describes the current state of the debate over abortion in U.S. politics?

A) The issue was resolved in Roe v. Wade (1973).
B) Abortion is an issue only within the states and is not a national issue.
C) The Court has stayed out of the issue since Roe v. Wade, allowing states and the federal government to make laws.
D) Abortion remains controversial and has polarized presidential politics, parties, and Supreme Court nominations.
E) State governments have for the most part followed the decision in Roe v. Wade as their primary guidepost on new abortion policy.

Question 47

According to moral claims on the justification for rights and liberties, how are rights and liberties justified?

A) Rights and liberties are inherent in the Bible, an important historic text used in the development of the Constitution.
B) Society is bettered by a multitude of voices and opinions.
C) The very notion of humanity gives people rights.
D) Historically revered documents like the Magna Carta and the Declaration of Independence give people civil rights and liberties.
E) The community collectively gives rights in order to maximize the group dynamic.

Question 48

According to utilitarian claims on the justification for rights and liberties, how are rights and liberties justified?

A) Individuals have traded the government their right to secure themselves in return for liberty.
B) The more voices heard in a society, the better a society can be due to the potential for creativity.
C) The very notion of humanity gives people rights.
D) Documents like the Magna Carta and the Declaration of Independence give people civil rights and liberties.
E) The community collectively gives rights in order to maximize the group dynamic.

Question 49

The constitutionality of a state law prohibiting legal immigrants from adopting children would be reviewed under ________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 50

Identify two major failures of the constitutional system of rights and liberties that have occurred in American history. What circumstances produced these failures? How have they been addressed? In your opinion, how successful have these efforts been?

Question 51

Under U.S. legal code, which of the following types of discrimination is the most generally accepted?

A) race
B) religion
C) economic criteria
D) sex
E) national origin

Question 52

Which of the following best describes rights in the United States versus other democracies?

A) Rights like the freedom of speech and freedom of assembly are generally more restrictive in American democracy than in other democracies.
B) Rights like the freedom of speech and freedom of assembly are generally more open in American democracy than in other democracies.
C) Criminal defendants have fewer rights in the United States than in other countries.
D) Social rights are more fundamental in American democracy than in other democracies.
E) The United States is the first representative democracy in the world, so all other democracies have exactly the same civil rights as the United States.

Question 53

Which are efforts to redress previous discrimination against women and minorities through active measures to promote their employment and educational opportunities?

A) affirmative action
B) suffrage
C) Jim Crow
D) remedial progress
E) naturalization

Question 54

How does the American system of rights and liberties compare to those in other democratic countries? In what ways do Americans have more rights than citizens of other democracies? In what ways do Americans have fewer rights than citizens of other democratic countries?

Question 55

What are the trade-offs involved in the systems of rights and liberties established by the U.S. Constitution? How do citizens benefit from these limitations on government power? How do constitutional protections potentially harm or impose costs on citizens or on the community? In your opinion, has the U.S. system of rights and liberties struck an appropriate balance between individual rights and community needs? Why or why not?

Question 56

The constitutionality of a state law prohibiting single men but not single women from adopting children would be reviewed under ________ by the Supreme Court.

A) the rational basis test
B) an undue burden test
C) the Monroe Doctrine
D) intermediate scrutiny
E) strict scrutiny

Question 57

Identify and explain the three major standards of judicial review that the Supreme Court uses to judge the constitutionality of state and federal laws that create classifications among citizens. What types of laws trigger review under each standard? Which standard imposes the most difficult burdens on the government defending a law? Why?