Deck 4: Civil Liberties and Public Policy

Question 1

The Supreme Court decision in Barron v.Baltimore (1833)maintained that the Bill of Rights intended to prevent

A)both the national and state governments from violating civil rights.
B)cities from taking private property without due process.
C)only the national government from abridging civil liberties.
D)the states from infringing on individual rights.
E)the United States government from granting titles of royalty.

Answer 1

C

Question 2

The principle that "obscenity is not within the area of constitutionally protected speech or press" was established in

A)Roth v. United States.
B)Osborne v. Ohio.
C)Miller v. California.
D)United States v. Snepp.
E)Ohio v. Pussycat Theater.

Answer 2

A

Question 3

In Griswold v.Connecticut (1965),the Supreme Court

A)ruled that various portions of the Bill of Rights cast "penumbras" protecting a right to privacy,including a right to family planning.
B)overturned a woman's legal right to abortion.
C)ruled that the state of Connecticut could legally ban the sale of contraceptives under state police powers of the Tenth Amendment.
D)held that abortion was a woman's legal right.
E)overturned a Connecticut state sodomy law.

Answer 3

A

Question 4

In what case did the Supreme Court rule that a newspaper,no matter how outrageous its opinions,must be allowed to publish without prior restraint?

A)Wisconsin v. Yoder
B)Miranda v. Arizona
C)Near v. Minnesota
D)New York Times v. Sullivan
E)Mapp v. Ohio

Question 5

The First Amendment,as originally understood,applied only to the national government.

Question 6

Americans' civil liberties are set down in the first 10 amendments to the Constitution.

Question 7

In NAACP v.Alabama (1958),the Supreme Court ruled that forcing the NAACP to turn over its membership list to the state of Alabama was an unconstitutional violation of the NAACP's

A)freedom of association.
B)freedom of expression.
C)freedom of religion.
D)freedom of belief.
E)None of these are correct.

Question 8

Freedom of religion is guaranteed by the ______ Amendment.

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

Question 9

Obtaining evidence in a haphazard or random manner,in violation of the Fourth Amendment,is known as

A)bounty hunting.
B)unreasonable search and seizure.
C)a violation of privacy.
D)cruel and unusual punishment.
E)an Ariel search.

Question 10

The ________ Amendment forbids forced self-incrimination,stating that no person "shall be compelled to be a witness against himself."

A)First
B)Twenty-sixth
C)Fifth
D)Fourth
E)Ninth

Question 11

Which of the following is NOT a constitutionally permissible limitation on the Second Amendment right to bear arms?

A)Background checks for gun buyers
B)Mandatory trigger locks
C)Prohibitions on concealed weapons
D)Limits on the possession of firearms by the mentally ill and by felons
E)Restrictions on dangerous and unusual weapons not typically used for self-defense

Question 12

The publication of statements known to be false that are malicious and tend to damage a person's reputation is called

A)obscenity.
B)symbolic speech.
C)slander.
D)libel.
E)fraud.

Question 13

The Supreme Court has ruled that government aid to church-related schools

A)is acceptable for things such as field trips and teacher salaries but not for textbooks or transportation to school.
B)is permitted when the aid is for a nonreligious purpose.
C)is acceptable if the school is affiliated with a major religion but not for small,fringe religious sects.
D)violates the establishment clause.
E)does not constitute an establishment of religion.

Question 14

Civil liberties are legal and constitutional protections against

A)criminals.
B)government.
C)foreign invasions.
D)minority tyranny.
E)factions.

Question 15

The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the

A)implied powers doctrine.
B)enumerated powers doctrine.
C)incorporation doctrine.
D)disincorporation doctrine.
E)due process doctrine.

Question 16

The First Amendment prohibits an established national religion.

Question 17

In 2008 in Boumediene v.Bush,the Supreme Court ruled that

A)foreign terrorism suspects held at Guantanamo Bay do not have any constitutional right to challenge their detention in U.S. courts.
B)foreign terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in U.S. courts.
C)National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were unconstitutional.
D)National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were constitutional.
E)The USA PATRIOT Act was unconstitutional.

Question 18

The right to peaceably assemble is protected by the Second Amendment.

Question 19

In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent,that what they say can be used against them,and of their right to have an attorney present during any questioning?

A)Gideon v. Wainwright
B)Near v. Minnesota
C)Plucennik v. United States
D)Miranda v. Arizona
E)Mapp v. Ohio

Question 20

Prior restraint refers to government actions preventing material from being published.

Question 21

The Freedom of Access to Clinic Entrances Act makes it a federal crime to intimidate abortion providers or women seeking abortions.

Question 22

The Bill of Rights was written and proposed by

A)the United States Supreme Court in 1796.
B)the First Congress of the United States in 1789.
C)the Constitutional Convention in 1787.
D)President George Washington in 1789.
E)President Thomas Jefferson in 1801.

Question 23

In Gitlow v New York (1925),the Court ruled that freedoms of speech and press were liberties protected by the ________ clause of the Fourteenth Amendment.

A)due process
B)necessary and proper
C)commerce
D)interstate commerce
E)free press

Question 24

The language of the First Amendment,"Congress shall make no law," suggests that the Bill of Rights was written to

A)restrict the powers of the national government.
B)restrict the powers of the state governments.
C)restrict the powers of both the national and state governments.
D)enlarge the powers of the national government.
E)enlarge the powers of the state governments.

Question 25

The Supreme Court recently ruled that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia.

Question 26

In the case of ________,the Supreme Court ruled that the Bill of Rights restrained only the national government,not states and cities.

A)Miranda v. Arizona
B)Barron v. Baltimore
C)New York v. the United States
D)Engel v. Vitale
E)Gitlow v. New York

Question 27

Beginning with the case of ________ in 1925,the Supreme Court began to rule that the Bill of Rights applied directly to the states,as well as to the national government.

A)United States v. Bill of Rights
B)Miranda v. Arizona
C)Engel v. Vitale
D)Barron v. Baltimore
E)Gitlow v. New York

Question 28

The numbers of death sentences grew dramatically between 1998 and 2009.

Question 29

Lethal injection has been declared unconstitutional by the Supreme Court.

Question 30

The ________ is the final interpreter of the content and scope of Americans' civil liberties.

A)president
B)Congress
C)Supreme Court
D)American Civil Liberties Union
E)Constitution

Question 31

The Bill of Rights was adopted primarily in response to

A)the Spanish Inquisition.
B)British abuses of the colonists' civil liberties.
C)the abuses committed by the United States Continental Army during the Revolutionary War.
D)the horrors of the French Revolution.
E)Shays' Rebellion.

Question 32

A clear majority of Americans support a legal right to abortion under some circumstances.

Question 33

A warrant is not a constitutional requirement for a reasonable police search.

Question 34

The Bill of Rights does not explicitly grant a right to privacy.

Question 35

The great freedoms of speech,press,religion,and assembly are contained in the

A)First,Second,Third,and Fourth Amendments.
B)Fourth Amendment.
C)Second Amendment.
D)Third Amendment.
E)First Amendment.

Question 36

Incorporation is the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the due process clause of the _________ Amendment.

A)First
B)Second
C)Tenth
D)Fourteenth
E)Fifteenth

Question 37

Civil liberties are both the foundation for and a reflection of our emphasis on individualism.

Question 38

Majority rule may at times conflict with individual rights.

Question 39

The Supreme Court has ruled that it is cruel and unusual punishment to sentence a juvenile offender to life in prison without parole for a nonhomicide crime.

Question 40

The incorporation doctrine involves

A)application of the Bill of Rights to the states.
B)the government's power to regulate corporations.
C)the procedures for creating a city government.
D)the interpretation of the commerce clause.
E)the extension of judicial review to state courts.

Question 41

In Roth v.United States,the Supreme Court held that

A)outdoor drive-ins could not be barred from showing a film that included nudity.
B)the possession of child pornography was not covered by any right to free speech or press,and could be made a crime.
C)the government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion.
D)obscenity is not within the area of constitutionally protected free speech.
E)the film Carnal Knowledge,which had critical acclaim but a sexual theme and explicit scenes,could not be banned.

Question 42

Government recognition of a national or official religion is prohibited by the

A)due process clause.
B)establishment clause.
C)free exercise clause.
D)freedom of religion.
E)Second Amendment.

Question 43

Which of the following is a form of symbolic speech?

A)Burning the American flag
B)Parades
C)Wearing an armband
D)All of these are forms of symbolic speech.
E)None of these is a form of symbolic speech.

Question 44

In Lemon v.Kurtzman,the Supreme Court established that aid to church-related schools must do all of the following EXCEPT

A)have a secular purpose.
B)inhibit religion.
C)not advance religion.
D)not create excessive government entanglement with religion.
E)treat all religions equally.

Question 45

In the case of Schenck v.United States in 1919,Justice Holmes declared that government can limit speech if that speech provokes

A)a clear and present danger.
B)libel.
C)public demonstrations in opposition to the government.
D)Obscenity.
E)prior restraint.

Question 46

In its Near v.Minnesota decision of 1931,the Supreme Court ruled that

A)the state government could not use prior restraint to shut down an outspoken newspaper.
B)a school newspaper was not a public forum and could be regulated "in any reasonable manner" by school officials.
C)states had the power to use prior restraint broadly,but the national government did not.
D)a CIA agent could not publish a personal memoir without clearing it through the agency.
E)states were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly.

Question 47

The right to assemble and the right to associate with people who share a common interest are protected by the ________ Amendment.

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

Question 48

Advertising is considered a form of ________ and,according to the decisions of the Supreme Court,is subject to greater restrictions on free speech than religious or political speech.

A)symbolic speech
B)paid speech
C)imaged expression
D)propaganda
E)commercial speech

Question 49

In Dennis v.United States,the Supreme Court

A)upheld the federal law banning the Nazi party in the United States and prohibiting its activities.
B)upheld the convictions of Communist Party officials who had been sent to prison because of their beliefs.
C)overturned the convictions of Communist Party officials who had been sent to prison because of their beliefs.
D)ruled that burning a draft card was not covered under free speech.
E)overturned the federal law against burning or desecrating the American flag,arguing that it violated free speech.

Question 50

The two clauses of the First Amendment regarding religion and government are commonly referred to as

A)the establishment clause and the free exercise clause.
B)the due process clause and the free exercise clause.
C)the due process clause and the establishment clause.
D)the free exercise clause and the necessary and proper clause.
E)the establishment clause and the necessary and proper clause.

Question 51

In the Lemon v.Kurtzman decision of 1971,the Supreme Court ruled that

A)any aid of any sort to church-related schools is not constitutional because it violates church-state separation.
B)aid to church-related schools is fully constitutional and can be used for any purposes needed by the schools.
C)spoken prayers in public schools were unconstitutional.
D)aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion.
E)devotional Bible reading in public schools was unconstitutional.

Question 52

In the case of New York Times v.Sullivan (1964),the Supreme Court ruled that

A)government officials cannot sue newspapers for libel since this would entail prior restraint of the press.
B)the Pentagon papers could be legally published despite the government's desire to keep the material secret.
C)the publication of the Pentagon papers could be legally barred as a matter of national security.
D)statements made about political figures,however malicious,can never be deemed libelous.
E)statements made about political figures are libelous only if made with malice and reckless disregard for the truth.

Question 53

The Supreme Court rulings in Agnostini v.Felton (1997)and Zelman v.Simmons-Harris (2002)together exemplify a(n)

A)tightening of the limitations on government involvement in religion.
B)loosening of regulations on government aid to parochial schools.
C)breaking down of the wall of separation between church and state.
D)elimination of government funding for parochial schools.
E)opening of public schools to religious activities.

Question 54

In Miami Herald Publishing Company v.Tornillo (1974),the Court

A)voided a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism.
B)upheld a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism.
C)ruled that print media would be subject to a lower standard of constitutional review than broadcast media.
D)ruled that political candidates' rights to free speech required newspapers to grant them space to communicate with voters.
E)ruled that newspapers were prohibited from printing stories that criticized political candidates.

Question 55

In ________,the Court clarified its doctrine of what was obscene,including such gauges as whether material appealed to merely a prurient interest in sex,and whether it lacked serious artistic,literary,political,or scientific merit.

A)Osborne v. Ohio
B)Engel v. Vitale
C)Miller v. California
D)Near v. Minnesota
E)Federal Communications Commission v. Stern

Question 56

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in

A)Texas v. Johnson.
B)New York Times v. Sullivan.
C)Osborne v. Ohio.
D)the Anti-Defamation Act of 1952.
E)Hustler Magazine v. Falwell.

Question 57

The abridgment of citizens' freedom to worship,or not to worship,as they please is prohibited by the

A)due process clause.
B)full faith and credit clause.
C)free exercise clause.
D)privileges and immunities clause.
E)establishment clause.

Question 58

In the Engel v.Vitale case of 1962,the Supreme Court ruled that ________ was (were)unconstitutional.

A)prayers done as classroom exercises in public schools
B)the Connecticut statute barring the distribution of birth control information
C)segregation
D)prior restraint
E)police search or seizure without an authorized warrant

Question 59

The rights of protestors demonstrating outside abortion clinics concern which of the following freedoms?

A)Religious expression
B)Assembly
C)Marriage
D)Abortion
E)Gun ownership

Question 60

Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v.Minnesota?

A)Freedom of speech
B)Freedom of the press
C)Right to counsel in felony cases
D)Grand jury requirement
E)Right to privacy

Question 61

Which of the following restrictions on access to abortion has the Supreme Court argued is constitutional?

A)Twenty-four-hour waiting periods for women seeking abortions
B)Parental consent for minors seeking abortions
C)Requiring doctors to present women with information concerning the risks of abortion
D)Prohibiting "partial birth abortion" without an exception to preserve the mother's health
E)The Court has argued that all of the above are constitutional.

Question 62

The Supreme Court's Roe v.Wade decision was issued in

A)1954.
B)1973.
C)1979.
D)1985.
E)1991.

Question 63

According to your textbook,since its Roe v.Wade decision,the Supreme Court has

A)generally moved to allow states more room to regulate abortions (e.g.,waiting periods)than was true in Roe.
B)not moved an inch from its dramatic original ruling.
C)greatly extended the right of a woman to make her own decision about terminating her pregnancy.
D)reversed itself within the last few years and has now overturned the Roe decision.
E)been silent on the politically divisive issue of abortion.

Question 64

In the case of Miranda v.Arizona,the Supreme Court ruled that

A)illegally obtained evidence cannot be used in a trial.
B)police must inform any suspect of a series of rights,including the constitutional right to remain silent.
C)the death penalty could be imposed for the most extreme of crimes.
D)defendants in all felony cases have a right to counsel,even if the state has to provide such legal assistance.
E)the police must show probable cause before making an arrest.

Question 65

The Supreme Court case of Gideon v.Wainwright

A)extended the right to counsel to everyone accused of a felony.
B)prohibited government officials from issuing gag orders to the media.
C)ruled that illegally seized evidence cannot be used in court.
D)gave only those accused of capital crimes the right to counsel.
E)set guidelines for police questioning of suspects.

Question 66

Which of the following is TRUE of American public opinion on abortion?

A)A majority of Americans oppose abortion under all circumstances.
B)A majority of Americans support abortion under all circumstances.
C)A majority of Americans support abortion under some circumstances.
D)A majority of Americans have no opinion on abortion.
E)More Americans oppose abortion than support it.

Question 67

The Supreme Court's 1991 ruling that a coerced confession introduced during a trial does not automatically taint a conviction if it is a "harmless error" is an example of the Court's recent willingness to make exceptions to the requirements of

A)Miranda rights.
B)cruel and unusual punishment.
C)habeas corpus.
D)the exclusionary rule.
E)the right to privacy.

Question 68

In Hamdan v.Rumsfeld (2006)the Supreme Court ruled that

A)terrorists are not entitled to protection by the Bill of Rights.
B)the procedures for trying prisoners at Guantanamo Bay,Cuba,were insufficient for ensuring a fair trial.
C)the Geneva Convention does not apply because the "enemy combatants" are not soldiers in a recognized army.
D)the president has "inherent power" to fight the war on terror as he sees fit. Therefore,the president can establish judicial procedures on his own.
E)All of the above are true.

Question 69

In the 1963 case of ________,the Supreme Court ruled that defendants in all felony cases had a right to counsel,and if they could not afford to hire a lawyer,one must be provided.

A)Mapp v. Ohio
B)Engel v. Vitale
C)Gideon v. Wainwright
D)Miranda v. Arizona
E)National Bar Association v. United States

Question 70

In District of Columbia v.Heller (2008),the Supreme Court ruled that

A)guns must be stored in a fashion that prevents their theft or children from accessing them.
B)the Second Amendment only applies to the right of states to create militias.
C)prohibitions on concealed weapons are unconstitutional.
D)the Second Amendment protects an individual right to possess a firearm unconnected to service in a militia.
E)background checks for gun buyers and qualifications on the commercial sale of firearms are unconstitutional.

Question 71

Cruel and unusual punishment is forbidden by the

A)self-incrimination clause.
B)Fifth Amendment.
C)Sixth Amendment.
D)Eighth Amendment.
E)exclusionary clause.

Question 72

In Roe v.Wade,the Supreme Court ruled that in the third trimester of pregnancy

A)states can ban abortion except when the mother's health is in danger.
B)states are prohibited from funding the abortions of poor women.
C)states cannot ban abortion unless the mother's life is in danger.
D)states cannot ban abortion.
E)the federal government,but not the states,is prohibited from funding abortions for poor women.

Question 73

In Gonzales v.Carhart (2007),the Supreme Court

A)upheld a 2003 law banning "partial birth abortion" despite the fact that it does not make an exception to preserve a mother's health.
B)overturned a 2003 law banning "partial birth abortion" because it does not make an exception to preserve the mother's health.
C)ruled that "partial birth abortion" should never be permitted under any circumstances.
D)overturned Roe v. Wade.
E)declared waiting periods for women seeking abortions unconstitutional.

Question 74

Fourth Amendment protections against unreasonable search and seizure are most relevant to which stage of the criminal justice system?

A)Evidence gathered
B)Suspicion cast
C)Arrest made
D)Interrogation held
E)Trial held

Question 75

In the 1992 case of Planned Parenthood v.Casey,the Supreme Court ruled that abortion

A)could be completely outlawed by individual states.
B)must be funded by state governments when the mother cannot afford it,or it would be a violation of the equal protection clause.
C)restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions.
D)funding by any level of government was unconstitutional.
E)was a fundamental right,and any restrictions on such a right had to be judged by a "strict scrutiny."

Question 76

The Fifth Amendment forbids

A)cruel and unusual punishment.
B)forced self-incrimination.
C)illegal searches and seizures.
D)the government establishment of a national religion.
E)All of these except d.

Question 77

Which of the following statements regarding the death penalty is NOT true?

A)The Supreme Court has made it easier for death row prisoners to file petitions to delay and appeal their executions.
B)The European Union prohibits the death penalty in member countries.
C)The Courts have made it easier for prosecutors to exclude from juries jurors who oppose the death penalty.
D)Most Americans support the death penalty.
E)There is evidence that racism plays a role in whites' support of the death penalty.

Question 78

In the case of ________,the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments,as well as the national government,thus nationalizing the exclusionary rule.

A)Miranda v. Arizona
B)Gideon v. Wainwright
C)Roth v. United States
D)United States v. New York
E)Mapp v. Ohio

Question 79

Gregg v.Georgia (1976)is significant in that it

A)marks the Supreme Court's ruling that the death penalty is constitutional,even though it is an extreme sanction for the most extreme of crimes.
B)was the first time the Court found a state's death penalty practices (in this case,the state of Georgia)to be "freakish" and "random."
C)settled once and for all debate over whether the death penalty constitutes cruel and unusual punishment.
D)Both a and c are true.
E)Both b and c are true.

Question 80

Which of the following is true of the U.S.criminal justice system?

A)Approximately 90 percent of all cases begin and end with a guilty plea.
B)The Constitution does not specify the size of a jury,but tradition has set the number at twelve.
C)Unanimous votes of juries are required for a criminal conviction.
D)Recent Supreme Court rulings ensure that judges' authority in sentencing derives from juries' verdicts.
E)All of these are true.