Deck 5: Fundamental American Liberties

Question 1

According to the textbook,free speech is valuable for all of the following reasons EXCEPT this one:

A) It helps create an informed citizenry.
B) It provides a voice for the minority.
C) It is good for economic development.
D) It provides a watchdog over government.
E) It helps preserve the truth.

Answer 1

C

Question 2

The example provided in the textbook concerning the response to the September 11 attacks demonstrates that ______.

A) "the ends justify the means"
B) the liberty of the people is always more important than the security needs of the nation
C) it may be hard to protect both liberty and security
D) liberties are far more likely to come into conflict with each other than is liberty to come into conflict with security
E) liberty and security are never really in conflict

Answer 2

C

Question 3

Which of the following statements does NOT reflect the Supreme Court's view of freedom of expression?

A) Flag burning is protected under the Constitution.
B) Associations such as the NAACP can be required to make their membership lists public.
C) Prior restraint of the press can occur only during extreme emergencies.
D) Pornography is protected on the Internet.
E) Political speech can be restricted only if it leads to "imminent lawlessness."

Answer 3

B

Question 4

The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is ______.

A) the Bill of Rights itself
B) Congress
C) the Fourteenth Amendment to the Constitution
D) Marbury v. Madison
E) Federalist No. 10

Question 5

As an arbiter between the rights of the individual and the exercise of power by society,the Supreme Court ______.

A) has sided consistently with individual rights
B) has acted in an inconsistent manner across the spectrum of possible positions over the course of American history
C) supported government power in the nineteenth century but has been consistently on the side of the individual since then
D) leaned toward protection of the individual in the nineteenth century but has consistently favored government power since then
E) has generally remained neutral and allowed Congress to decide issues of individual liberty

Question 6

Individual actions can come into conflict with the collective good of society ______.

A) only when direct harm occurs to another specific individual
B) because individual actions often have important consequences and costs for society
C) whenever the majority agrees that such harm exists
D) only when the claim can be tied to a specific provision of the Constitution
E) only rarely because the collective good of society is nothing more than the summation of the good of all the individual citizens

Question 7

According to the Supreme Court,for school prayer to violate the establishment clause,it must be ______.

A) part of official school activities
B) denominational
C) opposed by a majority of the students or their parents
D) anti-Semitic
E) objectionable to at least one student

Question 8

All of the following statements concerning incorporation of the Bill of Rights are true EXCEPT this one:

A) Incorporation has taken place on the basis of provisions of the Fourteenth Amendment.
B) Incorporation is a matter of interpretation rather than a constitutional principle.
C) The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s.
D) Incorporation has taken place on the theories of both selective incorporation and total incorporation.
E) Without incorporation, the Bill of Rights would apply only to acts of the federal government.

Question 9

In the conflict between accommodationist and separationist views of the establishment clause,the Supreme Court has,in recent times,______.

A) sided consistently with the separationist position
B) sided consistently with the accommodationist position
C) been moving more and more toward the separationist position
D) been moving more and more toward the accommodationist position
E) established no clear pattern and has favored each position at various times

Question 10

The test that seems to provide the most protection for free speech is the ______.

A) Lemon test
B) imminent lawless action test
C) clear and present danger test
D) Scalia test
E) bad tendency test

Question 11

The right of an accused to be brought before a judge and informed of the charges and evidence against him or her is known as ______.

A) habeas corpus
B) ex post facto presentation
C) a bill of attainder
D) Miranda rights
E) a bill of presentment

Question 12

The rights the founders believed were essential to maintaining a representative democracy included all of the following EXCEPT this one:

A) establishment of religion
B) the right to bear arms
C) freedom of speech
D) freedom of the press
E) the right to assemble and petition the government for redress of grievances

Question 13

An action that criminalizes an act after it occurs is a(n)______.

A) unconstitutional ex post facto law
B) "closing the barn door after the horse is out" law
C) bill of attainder
D) habeas corpus law
E) exclusionary rule type of law

Question 14

Separationists differ from accommodationists in that ______.

A) separationists wish to separate issues of school prayer from issues involving the establishment clause
B) accommodationists wish to separate issues of school prayer from issues involving the establishment clause
C) separationists favor a stricter separation of church and state than accommodationists
D) accommodationists favor a stricter separation of church and state than separationists
E) separationists favor a narrower interpretation of the free exercise clause

Question 15

In attempting to decide when speech can be prohibited,the Supreme Court has ______.

A) made it easier for the government to suppress speech
B) clarified when the government can suppress speech
C) made it harder for the government to suppress speech
D) been reluctant to interfere with the government's authority to suppress speech
E) rarely had to address when the government can suppress speech

Question 16

Which of the following statements concerning the protection of free expression in the United States is NOT true?

A) Americans have often found it easy to suppress the free expression of unpopular ideas.
B) Free expression has been suppressed at times in the name of national security.
C) One argument in favor of free expression is that it aids in the search for truth.
D) The Supreme Court has consistently favored expansion of the freedom of expression.
E) One argument in favor of the suppression of false ideas is that they are a threat to the truth.

Question 17

The establishment clause guarantees ______.

A) that government will not create and support an official state church
B) that all citizens may freely engage in religious activities of their choice
C) that American government is based on Judeo-Christian values
D) that all churches shall have tax-exempt status
E) the right to set up a church whenever a religious group so desires

Question 18

According to John Locke and the Declaration of Independence,our rights are ______.

A) granted by government
B) granted by our fellow citizens
C) natural
D) determined indirectly as whatever is not regulated by government
E) determined arbitrarily

Question 19

The Lemon test established that ______.

A) if there are prayers or Bible readings in schools, then students who do not wish to participate must be excused
B) states may prohibit religious activities that present a clear and present danger
C) citizens may freely engage in the religious activities of their choice
D) there shall be no excessive entanglement of government and religion
E) no state could establish an official religion

Question 20

The difference between civil rights and civil liberties is ______.

A) inconsequential because the terms are used interchangeably in the United States
B) that civil rights involve speech, press, and religious freedom, whereas civil liberties involve voting
C) that civil rights limit the power of government, whereas civil liberties expand the power of government
D) that civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government
E) that civil rights involve freedoms, whereas civil liberties involve voting

Question 21

The Supreme Court has ruled that ______.

A) symbolic speech is always protected
B) symbolic speech is never protected
C) symbolic speech is not protected when it is most likely to inspire fear of bodily harm
D) flag burning is not symbolic speech
E) symbolic speech may be prohibited when it offends the public's values

Question 22

The Supreme Court has ruled that public figures can win libel suits against the mass media only when the ______.

A) claims made by the media are false
B) claims made by the media damage the reputation of the public figure
C) public figure does not agree with the claims
D) claims made by the media will affect the outcome of an election
E) claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims

Question 23

The Supreme Court has ruled that the exclusionary rule should ______.

A) apply only when the police conduct an illegal search deliberately; however, the burden is on the police to show they acted in good faith
B) apply only to acts of the national government
C) be eliminated
D) be expanded to cover searches conducted by the military
E) not apply to cases involving investigations of terrorism

Question 24

The current status of the exclusionary rule is that ______.

A) evidence obtained unconstitutionally may not be used in court
B) evidence obtained unconstitutionally may be used in court, but the defendant may sue the police in civil court or bring criminal charges against them
C) the exclusionary rule has been eliminated
D) unconstitutionally gathered evidence may be used in court as long as the police did not violate the Constitution deliberately; however, the burden is on the police to show they acted in good faith
E) none of the above

Question 25

The national government decides to prosecute a speaker who states at a political rally,"The U.S.government's policy toward the Middle East is responsible for the violence in the region,and our leaders should be forced to change their policy." Although the government would most likely be unsuccessful,for what would the government prosecute the speaker?

A) symbolic speech
B) fighting words
C) sedition
D) libel
E) slander

Question 26

Written defamation of character is known as ______.

A) obscenity
B) libel
C) political falsehood
D) slander
E) sedition

Question 27

The exclusionary rule is the Supreme Court rule that states that ______.

A) illegally seized evidence cannot be used to obtain a conviction
B) special regulations promulgated by the president to keep foreign aliens from entering the country apply only during a national crisis
C) a defendant's previous record cannot be raised in a trial
D) evidence not related to a crime must be excluded from a person's trial
E) a defendant's religious activities must be excluded from evidence

Question 28

The Supreme Court ruled recently that the Second Amendment ______.

A) establishes only a collective right of the states to have militias
B) does not apply to the states
C) establishes an individual right to bear arms
D) applies to the states
E) is ambiguous and should be disregarded

Question 29

An interesting result of the obscenity debate has been ______.

A) the absence of politics in the debate
B) the alliance of conservatives and radical feminists in opposition to obscenity
C) the alliance of the pornography industry and feminists to fight for looser restrictions on what is considered obscene
D) the alliance of big business and labor in opposition to obscenity
E) a split on the issue in the Republican Party

Question 30

It is difficult for the Supreme Court to determine the exact meaning of obscenity because ______.

A) the whole area is so subjective that wide disagreement exists
B) few historical cases have examined the issue
C) there are so few obscenity tests to choose from
D) radical feminists and conservatives strongly disagree on the issue
E) teachers and students strongly disagree on the issue

Question 31

The Supreme Court has ruled that prior restraint ______.

A) may be used by presidents in situations they declare involve national security
B) may be used in cases in which words are malicious
C) may be upheld only in cases of extreme emergency
D) may be upheld when Congress has granted the president legal authority to censor
E) is always unconstitutional

Question 32

The Supreme Court has ruled that ______.

A) public figures have more protection from the press than other members of the public
B) public figures have the same protection from the press as other members of the public
C) public figures have less protection from the press than other members of the public
D) only nonpolitical public figures have as much protection from the press as other members of the public
E) only political public figures have as much protection from the press as other members of the public

Question 33

Miranda v.Arizona held that ______.

A) confessions will be judged by the "totality of circumstances" rule
B) all confessions must be made in the presence of a lawyer
C) police can no longer use confessions as a basis for arresting a person
D) police have to advise people of their constitutional rights prior to questioning
E) confessions obtained beyond U.S. borders cannot be used as evidence in U.S. courts

Question 34

The idea that language shapes behavior and,therefore,should be regulated to control its social effects is known as ______.

A) the free exercise clause
B) political correctness
C) fighting words
D) obscenity
E) libel

Question 35

The founders' opposition to prior restraint showed their commitment to ______.

A) the right to due process of law
B) freedom of the press
C) freedom of assembly
D) the right to bear arms
E) freedom of religion

Question 36

In the conflict between media access to a trial and a defendant's right to a fair trial,the Supreme Court has ______.

A) generally restricted press access to a trial
B) rarely considered whether the person is a public figure
C) relied on the defendant's feelings to determine if there should be press access to the trial
D) made total media access the norm after the O. J. Simpson trial
E) generally permitted press access to most stages of the legal proceedings

Question 37

The Supreme Court's ruling in Brandenburg v.Ohio is significant because it ______.

A) created a new standard for regulating political speech
B) solved the question of what to do when violent speech is linked with violent action
C) created the clear and present danger test
D) declared certain kinds of symbolic speech to be unconstitutional
E) created a new test to determine whether something was pornographic

Question 38

In Florence v.Board of Chosen Freeholders of County of Burlington,the Court ruled that the plaintiff could be ______.

A) arrested for symbolic speech because his actions constituted an imminent threat to public safety
B) subject to a strip search for a minor offense he didn't commit because concerns over jail security outweigh an individual's privacy rights
C) strip searched because the suspect's conduct gave the police a reasonable suspicion that a crime had been committed or was about to be committed
D) released from jail because he was not informed of his Miranda rights prior to being placed in the jail population
E) released from jail due to police misconduct, which included forcing the suspect to lift his genitals after being booked at the police station

Question 39

The right against self-incrimination ______.

A) applies only during trial
B) does not apply at the federal level under the Crime Control and Safe Streets Act
C) applies to suspects only in capital cases
D) applies at all stages of a criminal proceeding at the state and national levels
E) was weakened when the Supreme Court reversed the Miranda decision

Question 40

The Supreme Court ruled recently that the Second Amendment individual right to bear arms ______.

A) applies to the states as well as to the national government
B) applies only to the national government
C) is restricted to rifles
D) should be replaced in favor of an interpretation that the right to bear arms is a collective right of the states
E) does not apply to individuals convicted of misdemeanor domestic assault

Question 41

In the conflict between accommodationist and separationist views of the establishment clause,the Supreme Court has,in recent times,sided consistently with the separationist position.

Question 42

Written defamation of character is known as ______.

Question 43

Support of capital punishment has been weakening in the United States,mostly due to public concern that ______.

A) the international community strongly disapproves of it
B) the system might be executing innocent people
C) it is inherently wrong in principle
D) it encourages violent behavior
E) the death sentence isn't used often enough in criminal cases

Question 44

The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is the ______ Amendment to the Constitution.

A) Fourteenth
B) Tenth
C) Eighth
D) Sixth

Question 45

The Supreme Court ruled recently that the ______ establishes an individual right to bear arms.

Question 46

The Supreme Court's ruling in ______ is significant because it opened the door for a variety of claims regarding the right to privacy.

Question 47

It is difficult to know when to apply the prohibition against cruel and unusual punishment because ______.

A) the definitions of cruel and unusual are difficult to establish
B) the public presses the government to inflict cruel punishments
C) cruel punishments are often warranted
D) crime can be suppressed only if the government is willing to be cruel
E) unusual punishments are often necessary for unusual defendants

Question 48

The founders' opposition to prior restraint showed their commitment to Articles of Confederation.

Question 49

The idea that language shapes behavior and,therefore,should be regulated to control its social effects is known as grandstanding.

Question 50

The current status of the right to counsel in criminal trials is that ______.

A) the Supreme Court has eliminated the right to counsel
B) the Supreme Court has extended the right to counsel to civil cases
C) the Supreme Court has restricted the right to counsel to those earning less than $3,000 per year
D) there has been no change in the law since the Gideon case, and the states have undergone a great financial burden to make sure every defendant has competent counsel
E) in many places, the right to counsel is complied with on a minimal basis

Question 51

The Supreme Court's ruling in Griswold v.Connecticut is significant because it ______.

A) protected a poor person's right to counsel
B) opened the door for a variety of claims regarding the right to privacy
C) incorporated the exclusionary rule
D) created a new standard regarding the regulation of political speech
E) changed precedent regarding searches and seizures

Question 52

______ states that evidence seized illegally may not be used to obtain a conviction.

Question 53

The test that seems to provide the most protection for free speech is the imminent lawless action test.

Question 54

Incorporation is the Supreme Court action that makes the protections of the Bill of Rights applicable to the states.

Question 55

In reading about the issues discussed in the textbook concerning the right to privacy,one would conclude that most of the controversies over this right involve ______.

A) life and death
B) the privacy of information
C) education
D) travel
E) those accused of a crime

Question 56

Which of the following statements best describes the constitutional right to privacy?

A) The courts have ruled that a right to privacy applies only to cases of reproductive rights.
B) A right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied.
C) A right to privacy is spelled out explicitly in the Tenth Amendment.
D) The founders did not support a right to privacy, as evidenced by the Bill of Rights.
E) A right to privacy exists in the federal Constitution but not in most state constitutions.

Question 57

An action that criminalizes an act after it occurs is ______.

A) nullum crimen
B) ex ante
C) an ex post facto law
D) ex gratia

Question 58

The authors of the text conclude that the question of whether and how the states should regulate abortion ______.

A) is settled law
B) has receded from political debate
C) is likely to remain a divisive issue in American politics for some time
D) has moved to the state level as an issue
E) will inevitably be decided in favor of those claiming that a right to abortion exists

Question 59

The Supreme Court has ruled that the right to refuse medical life support ______.

A) does not exist
B) is superseded by the authority of the state to protect life
C) is a matter for individuals to decide for themselves
D) has very limited protection
E) can be decided by the families when individuals cannot speak for themselves and their wishes are unknown

Question 60

According to the textbook,we value individual rights because they lead to ______.

A) a safer society
B) collective benefits
C) a more politically active society
D) a more informed society
E) material benefits

Question 61

Summarize the Supreme Court's rulings on the exclusionary rule since the Mapp case.

Question 62

Identify and describe the two main positions concerning the separation of church and state.

Question 63

The Supreme Court recently ruled that the right to bear arms is an individual right,not merely a collective right of the states concerned with their need for militias.Do you agree or disagree with this decision? What restrictions on gun ownership and use would you support?

Question 64

On the face of it,freedom of religion seems to be a relatively easy concept to understand.In reality,it is fairly complex.Describe the establishment clause and the free exercise clause.Why has each been so controversial? What has the Supreme Court ultimately ruled regarding these two clauses?

Question 65

Americans are deeply divided over the right to privacy.Almost all Americans believe in the right to some privacy,but there is little agreement regarding what should be private and what can be regulated.Why is there so much disagreement over the right to privacy? Why is the issue so heated?

Question 66

The textbook examines three issues regarding privacy: reproductive rights,gay rights,and the right to die.Pick one of these issues,and discuss what the courts have ruled regarding the issue.Do you agree or disagree? Defend your argument.

Question 67

According to the textbook,we value ______ because they lead to collective benefits.

Question 68

What have been the two major legal controversies surrounding the use of the death penalty?

Question 69

One of Americans' most cherished liberties is the right to free speech and expression.Nowhere does the tension between security and freedom become more acute than in issues involving claims of sedition.Trace the evolution of the Court's position on suppression of speech deemed to be sedition.How have perceived threats to the nation influenced the creation of laws on sedition and the Court's response to those laws? What tests has the Court adopted,and how do the tests represent a changing view on the part of the Court's members regarding the balance between security and liberty?

Question 70

As Americans,we take pride in the many rights that we have.Often it is not clear what happens when rights conflict with one another.What are rights? What are the two ways that rights conflict? Provide two examples of each of the ways that rights conflict,and explain them.Where do we turn for help when our rights have conflicted?

Question 71

In _______,the Supreme Court declared that sodomy laws violate a person's right to privacy.

Question 72

List four reasons discussed in the textbook to explain why freedom of expression is considered so valuable.