Deck 4: Civil Liberties

Question 1

An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the ________.

A) right to free speech
B) right to keep and bear arms
C) right to a writ of habeas corpus
D) right not to be subjected to cruel and unusual punishment

Answer 1

C

Question 2

Explain the difference between a criminal case and a civil case.

Answer 2

In criminal cases, the government charges a suspect with criminal wrongdoing, while civil cases take place between two people or organizations or involve more minor infractions.

Question 3

Which of the following rights is not protected by the Sixth Amendment?

A) the right to trial by an impartial jury
B) the right to cross-examine witnesses in a trial
C) the right to remain silent
D) the right to a speedy trial

Answer 3

C

Question 4

The Supreme Court case known as Kelo v. City of New London was controversial because it ________.

A) allowed greater use of the power of eminent domain
B) regulated popular ride-sharing services like Lyft and Uber
C) limited the application of the death penalty
D) made it harder for police to use evidence obtained without a warrant

Question 5

The double jeopardy rule in the Bill of Rights forbids which of the following?

A) prosecuting someone in a state court for a criminal act he or she had been acquitted of in federal court
B) prosecuting someone in federal court for a criminal act he or she had been acquitted of in a state court
C) suing someone for damages for an act the person was found not guilty of
D) none of these options

Question 6

A major difference between most European countries and the United States today is ________.

A) most Europeans don't use technologies that can easily be tracked
B) laws in Europe more strictly regulate how government officials can use tracking technology
C) there are more legal restrictions on how the U.S. government uses tracking technology than in Europe
D) companies based in Europe don't have to comply with U.S. privacy laws

Question 7

Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court's decision in District of Columbia v. Heller reflect?

Question 8

The Fourteenth Amendment was critically important for civil liberties because it ________.

A) guaranteed freed slaves the right to vote
B) outlawed slavery
C) helped start the process of selective incorporation of the Bill of Rights
D) allowed the states to continue to enact black codes

Question 9

Which of the following provisions is not part of the First Amendment?

A) the right to keep and bear arms
B) the right to peaceably assemble
C) the right to free speech
D) the protection of freedom of religion

Question 10

The Supreme Court has decided that the death penalty ________.

A) is always cruel and unusual punishment
B) is never cruel and unusual punishment
C) may be applied only to acts of terrorism
D) may not be applied to those who were under 18 when they committed a crime

Question 11

Which of the following rights is not explicitly protected by some state constitutions?

A) the right to hunt
B) the right to privacy
C) the right to polygamous marriage
D) the right to a free public education

Question 12

The Bill of Rights was added to the Constitution because ________.

A) key states refused to ratify the Constitution unless it was added
B) Alexander Hamilton believed it was necessary
C) it was part of the Articles of Confederation
D) it was originally part of the Declaration of Independence

Question 13

Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.

Question 14

The right to privacy has been controversial for all the following reasons except ________.

A) it is not explicitly included in the Constitution or Bill of Rights
B) it has been interpreted to protect women's right to have an abortion
C) it has been used to overturn laws that have substantial public support
D) most U.S. citizens today believe the government should be allowed to outlaw birth control

Question 15

Briefly explain the difference between civil liberties and civil rights.

Question 16

The Third Amendment can be thought of as ________.

A) reinforcing the right to keep and bear arms guaranteed by the Second Amendment
B) ensuring the right to freedom of the press
C) forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments
D) strengthening the right to a jury trial in criminal cases

Question 17

Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?

A) Women must make more than one visit to an abortion clinic before the procedure can be performed.
B) Minors must gain the consent of a parent or judge before seeking an abortion.
C) Women must notify their spouses before having an abortion.
D) Women must be informed of the health consequences of having an abortion.

Question 18

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

Question 19

Briefly explain the concept of selective incorporation, and why it became necessary.

Question 20

The Fourth Amendment's requirement for a warrant ________.

A) applies only to searches of the home
B) applies only to the seizure of property as evidence
C) does not protect people who rent or lease property
D) does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued

Question 21

Critical Thinking Questions


-What are the implications of the Supreme Court decision in Burwell v. Hobby?

Question 22

Critical Thinking Questions


-In which areas do you think people's rights and liberties are at risk of government intrusion? Why? Which solutions would you propose?

Question 23

Critical Thinking Questions


-How does the provision for and the protection of individual rights and freedoms consume government resources of time and money? Since these are in effect the people's resources, do you think they are being well spent? Why or why not?

Question 24

Critical Thinking Questions


-There is an old saying that it's better for 100 guilty people to go free than for an innocent person to be unjustly punished. Do you agree? Why or why? What do you think is the right balance for our society to strike?

Question 25

Explain the difference between a right listed in the Bill of Rights and a common-law right.

Question 26

Critical Thinking Questions


-The framers of the Constitution were originally reluctant to include protections of civil liberties and rights in the Constitution. Do you think this would be the case if the Constitution were written today? Why or why not?

Question 27

Critical Thinking Questions


-Which rights and freedoms for citizens do you think our government does a good job of protecting? Why? Which rights and freedoms could it better protect, and how?

Question 28

Describe two ways in which new technological developments challenge traditional notions of privacy.