Deck 4: Civil Liberties

Question 1

If the Supreme Court overturned Roe v. Wade

A)abortions would be illegal in the United States.
B)health insurance companies would determine eligibility for abortions.
C)the authority to regulate abortion would fall to the states.
D)abortions would only be legal in the first trimester of the pregnancy.
E)abortions would be deemed "an invasion of privacy."

Answer 1

C

Question 2

The basis of freedom of religion is found in which two principles in the Bill of Rights?

A)the establishment clause and the general welfare clause
B)the general welfare clause and the supremacy clause
C)the supremacy clause and the free exercise clause
D)the establishment clause and the free exercise clause
E)the free exercise clause and the general welfare clause

Answer 2

D

Question 3

As originally presented in the Constitution, the Bill of Rights

A)limited only the power of the national government, not that of the states.
B)protected citizens from all forms of government.
C)protected citizens from the national and state governments, but not from local governments.
D)limited only the power of state governments.
E)contained no language on religion.

Answer 3

A

Question 4

A law that inflicts punishment without a trial is

A)a bill of attainder.
B)an ex post facto law.
C)a writ of habeas corpus.
D)a free exercise clause.
E)an exclusionary rule.

Question 5

A concern with school vouchers is that they may be used at religious schools and, therefore, violate the

A)establishment clause.
B)supremacy clause.
C)free exercise clause.
D)Fifth Amendment.
E)exclusionary rule.

Question 6

All of the following are true of the First Amendment's establishment clause EXCEPT

A)it has been used to decide the actions of government allowing or prohibiting school prayer.
B)it means that neither the federal government nor state governments can set up a church.
C)it was described by Thomas Jefferson as providing a wall of separation between church and state.
D)it allows for the free exercise of religion.
E)it has been applied to questions of the legality of state and local government aid to religious organizations and schools.

Question 7

Advocates of the teaching of intelligent design alongside or in place of evolution have had some success in ____________ but have had very little success in ____________.

A)persuading teachers; persuading school administrators
B)convincing the scientific community; convincing the public
C)winning court cases; getting laws passed by state legislatures
D)getting laws passed by state legislatures; winning court cases
E)persuading teachers and convincing the scientific community; persuading school administrators or convincing the public.

Question 8

The incorporation theory

A)provides for congressional oversight into multi-national corporations.
B)allows companies to incorporate through government application.
C)provides for government oversight to corporations doing business with the government.
D)is the view that the provisions of the Bill of Rights are extended to individuals for protection against state actions.
E)holds the view that most of the protections of the Bill of Rights apply to foreign government activities through the Fourteenth Amendment.

Question 9

In Engel v. Vitale, the Supreme Court held that

A)it violates the establishment clause for government to compose official prayers.
B)it violates the free exercise clause for government to compose official prayers.
C)it violates the establishment clause for government to support school vouchers.
D)it violates the free exercise clause for government to support school vouchers.
E)it is constitutional for government to sponsor school prayer if it is voluntary.

Question 10

A court order to bring a prisoner before the court is a/an

A)bill of attainder.
B)writ of habeas corpus.
C)ex post facto law.
D)writ of incorporation.
E)holding.

Question 11

The fact that the Supreme Court denied the national government the power to fully ban handguns in 2008, yet a later 2010 decision was needed to apply this same rule to the states is emblematic of

A)the power of the states.
B)the weakness of the federal government.
C)the slowness with which federal rules apply to the states.
D)the doctrine of incorporation.
E)the power of the states and the weakness of the federal government.

Question 12

The free exercise clause

A)limits the national government from prohibiting people from practicing their religions.
B)is part of the First Amendment.
C)allows the national government to exercise control over free speech.
D)helps state governments to provide charter schools.
E)limits the national government from prohibiting people from practicing their religions and is part of the First Amendment.

Question 13

The idea of the separation of church and state was coined by __________, who was referring to __________.

A)Benjamin Franklin; the free exercise clause of the First Amendment
B)James Madison; the free exercise clause of the First Amendment
C)James Madison; the establishment clause of the First Amendment
D)Thomas Jefferson; the free exercise clause of the First Amendment
E)Thomas Jefferson; the establishment clause of the First Amendment

Question 14

Prior restraint is

A)used by Congress to hold secret committee meetings.
B)a method used by the government to get terrorists to talk.
C)another term for censorship, when expression is involved.
D)restraining an activity, such as expression, before that activity has actually occurred.
E)another term for censorship, when expression is involved and is restraining an activity, such as expression, before that activity has actually occurred.

Question 15

The free exercise clause, protecting freedom of religious practice, is found in the

A)Fifth Amendment.
B)First Amendment.
C)establishment clause.
D)Second Amendment.
E)religious amendment.

Question 16

New York Times v. United States

A)affirmed the no-prior-restraint doctrine in the Pentagon Papers case.
B)upheld the government's right to let the public have information about Vietnam.
C)punished the New York Times for publishing secret documents.
D)affirmed the free speech of students in public schools.
E)affirmed the no-prior-restraint doctrine in the Pentagon Papers case and punished the New York Times for publishing secret documents.

Question 17

In Lemon v. Kurtzman, the Supreme Court found that

A)government assistance to religious institutions must advance religious activities.
B)government programs may advance one particular religion over another.
C)the government must avoid excessive entanglement with religion.
D)government aid may be used to purchase prayer books and religious music.
E)government funding may support religious (non-secular) activities.

Question 18

Prior to the __________ and the process of incorporation, ______________.

A)Fourteenth Amendment; citizens of different states had different sets of civil liberties
B)First Amendment; most states were officially Roman Catholic
C)Second Amendment; all firearms were owned by the state governments
D)Third Amendment; most American households quartered one or more soldiers
E)Sixth Amendment; most criminal convictions were done without a trial

Question 19

All of the following are true about religious displays on public property EXCEPT

A)court cases over these issues have been ruled upon under the establishment clause.
B)religious displays have been allowed in certain situations.
C)displays of a crèche at Christmastime may be allowed if non-secular displays are also being shown.
D)nativity scenes have been allowed to be displayed by themselves.
E)displays such as lights, Santa Claus, and reindeer have been allowed.

Question 20

The Supreme Court began incorporating the Bill of Rights to the states in 1925, with a case involving ___________, and has done so as recently as 2010, with a case involving ____________.

A)cruel and unusual punishments; due process
B)the right to bear arms; freedom of religion
C)freedom of the press; due process
D)freedom of speech; the right to bear arms
E)freedom of speech; freedom of assembly

Question 21

Which of the following are true of the decision in Roe v. Wade?

A)It extended the right to privacy to cover a woman's personal decision on abortion.
B)The decision has not been challenged or redefined by subsequent cases.
C)It limited abortions to the first trimester of pregnancy.
D)State legislatures have the right to decide if abortions will be performed.
E)It allows for abortions to be performed by licensed nurse practitioners.

Question 22

In 1965, in Griswold v. Connecticut, a case involving the legality of contraceptives, the Supreme Court

A)held that the law violated the right to privacy.
B)found that laws against contraceptives were legal.
C)guaranteed all women access to abortion.
D)ruled that the Court cannot establish a right unless it is specifically mentioned in the Constitution.
E)found that laws against contraceptives were legal and ruled that the Court cannot establish a right unless it is specifically mentioned in the Constitution.

Question 23

All of the following are true of flag burning EXCEPT

A)it was outlawed in some states in the 1980s.
B)it is protected by the First Amendment's freedom of expression (speech).
C)Congress passed legislation against flag burning that was declared unconstitutional by the Supreme Court.
D)it is considered symbolic speech.
E)a constitutional amendment has been passed outlawing flag burning.

Question 24

Slander is

A)an attempt to do bodily harm.
B)the public uttering of a false statement that harms the good reputation of another.
C)printed material that cannot be proven true.
D)a law that prohibits the public from making negative statements about elected officials.
E)making false statements about another person in writing.

Question 25

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions?

A)During the first trimester, the state can prevent some abortions for reasons relating to the mother's health.
B)During the second trimester, the state can prevent all abortions.
C)During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor.
D)During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.
E)The states may place no restrictions on abortions.

Question 26

The example of yelling fire in a crowded theater, when there is no fire, would not be protected speech because it fails

A)the bad tendency rule.
B)the imminent lawless action test.
C)the Lemon test.
D)prior restraint.
E)the clear and present danger test.

Question 27

Public schools

A)can censor speech in yearbooks and newspapers in furtherance of their educational mission.
B)can never censor student speech.
C)can organize teacher led prayers.
D)can censor student speech, but only on school grounds during school hours.
E)can censor student speech, but only on school grounds.

Question 28

Commercial speech is usually defined as

A)any speech conducted via films, radio, or television.
B)advertising statements.
C)speech made by public corporations as opposed to private organizations.
D)business-related speech.
E)speech made by organizations as opposed to private citizens.

Question 29

In Miller v. California, the Supreme Court ruled that material could be considered obscene if it met all of the following requirements EXCEPT

A)the average person finds that it violates contemporary community standards.
B)the work appeals to an interest in sex.
C)the work shows offensive sexual content.
D)the work lacks serious redeeming artistic or other merit.
E)the work could be accessed by minors.

Question 30

The principle that speech may be restricted if such expression might lead to some "evil" is

A)no prior restraint.
B)the clear and present danger test.
C)the imminent lawless action test.
D)the bad tendency rule.
E)the Lemon test.

Question 31

The 1994 Freedom of Access to Clinic Entrances Act

A)was found unconstitutional by the Supreme Court.
B)prohibits protestors from blocking entrances to abortion clinics.
C)prohibits protestors from speaking to patients entering abortion clinics.
D)cannot be used to establish "buffer zones" around clinics.
E)prohibits protesters from blocking entrances to abortion clinics and was found unconstitutional by the Supreme Court.

Question 32

A 1976 case involving Karen Ann Quinlan was one of the first publicized cases involving

A)the legality of abortion.
B)defamation by libel.
C)symbolic speech.
D)commercial speech.
E)the right to die.

Question 33

For a public figure to obtain a damage award under libel laws, he or she must

A)show that he or she has access to the public medium to disprove the charge.
B)show that the statement in question contained a reckless disregard for the truth.
C)prove that he or she suffered from the falsehood just as much as a private person.
D)prove the case beyond a shadow of a doubt.
E)show that he or she has access to the public medium to disprove the charge, and show that the statement in question contained a reckless disregard for the truth.

Question 34

Public uttering of a _______ statement that harms someone's reputation is _______.

A)false; constitutionally protected speech
B)false; libel
C)true; neither slander nor libel
D)true; slander
E)true; libel

Question 35

Inciting a crowd to violence would not be protected speech because it violates

A)the imminent lawless action test.
B)prior restraint.
C)the Lemon test.
D)the obscenity test.
E)the bad tendency rule.

Question 36

Our clothing, gestures, and movements fall into the category of ________________, which is generally ________________.

A)expressive speech; protected by the courts
B)expressive speech; not protected by the courts
C)symbolic speech; protected by the courts
D)symbolic speech; not protected by the courts
E)symbolic speech; seen as a misapplication of the principles of free speech

Question 37

In 1969, the Supreme Court in Brandenburg v. Ohio

A)overturned a statute that prohibited anyone from advocating violence as a means to political reform.
B)upheld the conviction of a member of the Ku Klux Klan.
C)banned free speech protections for organizations like the Ku Klux Klan.
D)required the government to prove lawless activities followed free speech activities.
E)overturned a statute that prohibited anyone from advocating violence as a means to political reform and upheld the conviction of a member of the Ku Klux Klan.

Question 38

The right to privacy is based in "zone of privacy", found in each of the following EXCEPT

A)the First Amendment.
B)the Fourth Amendment.
C)the Fifth Amendment.
D)the Ninth Amendment.
E)the Tenth Amendment.

Question 39

Campus speech codes __________ but __________.

A)are considered constitutional; are ineffective
B)are generally considered unconstitutional; are commonly found on university campuses
C)are effective at preventing hate speech regarding race; ineffective against religious hate speech
D)are widespread; rarely enforced
E)are uncommon; effective and constitutional

Question 40

​Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth is considered

A)​libel.
B)​actual malice.
C)​slander.
D)​symbolic speech.
E)​prior restraint.

Question 41

The exclusionary rule is a policy that

A)forbids the admission of illegally seized evidence at trial.
B)prohibits the arresting officer from serving as a character witness at a hearing or trial.
C)prohibits the detention of a suspect for more than forty-eight hours without the suspect being charged.
D)is limited to the federal courts.
E)None of these choices is true.

Question 42

A defendant's pre-trial rights include all of the following EXCEPT

A)to be informed of the charges.
B)the right to legal counsel.
C)the right to remain silent.
D)the right to an impartial jury.
E)prompt arraignment.

Question 43

​In 2013, it was revealed that the NSA was collecting

A)​information on every call made in the United States.
B)​metadata, which included the number of the caller, time of call, and number called.
C)​recordings of the content of all domestic phone conversations.
D)​information on every call made in the United States and metadata, which included the number of the caller, time of call, and number called.
E)​information on every call made in the United States; metadata, which included the number of the caller, time of call, and number called; and recordings of the content of all domestic phone conversations.

Question 44

​All of the following are a defendant's rights at trial EXCEPT

A)​the right to have double jeopardy.
B)​the right to a speedy and public trial before a jury.
C)​The right to an impartial jury.
D)​The right to have adequate counsel.
E)​The right to appeal convictions.

Question 45

Upon arrest, police notify the arrested person that s/he has a right to remain silent and a right to legal counsel. These are known as

A)Sixth Amendment rights.
B)First Amendment rights.
C)Griswold rights.
D)Miranda rights.
E)Lemon rights.

Question 46

A National Security Order (NSO)

A)can only apply to non-citizens.
B)directs the military to perform a certain task.
C)is issued by federal law enforcement without judicial oversight.
D)is a warrant issued by the FISA court.
E)is the same as an executive order.

Question 47

The ability to monitor any form of communication by a suspect

A)is known as a roving wiretap.
B)is known as an extracommunicative warrant.
C)still protects the privacy of individuals with whom a suspect communicates.
D)has not raised any serious civil liberties controversy.
E)is consistent with Fourth Amendment protections.

Question 48

The controversy over the USA Patriot Act exemplifies the debate between

A)safety and security versus civil liberty.
B)safety and security versus order.
C)order versus anarchy.
D)liberalism versus conservatism.
E)republicanism versus direct democracy.

Question 49

With regard to physician-assisted suicide, the Supreme Court has said that

A)the liberty interest protected by the Constitution does not include a right to commit suicide.
B)states must prosecute those who assist in suicides.
C)states must provide counseling to those who wish to commit suicide.
D)if an individual wishes to commit suicide, a physician must be present with family members.
E)the federal government is the final authority regarding laws on physician-assisted suicide.

Question 50

All of the following are true of the death penalty EXCEPT

A)support for the death penalty is declining.
B)most Americans still support the death penalty in murder cases.
C)as of 2016, the death penalty is no longer an option in over half of US states.
D)DNA evidence has shown that some individuals have been wrongly convicted of murder.
E)poorly performed lethal injections have raised the question of whether the death penalty constitutes a cruel and unusual punishment.

Question 51

All of the following are true of the death penalty EXCEPT

A)the Supreme Court struck down all existing death penalties in 1972 but invited the states to pass new legislation that would apply the penalty more consistently.
B)the death penalty in murder cases is supported by a majority of Americans, though support has recently fallen.
C)thirty-one states have capital punishment laws.
D)the Supreme Court ruled in favor of a bifurcated procedure for capital cases.
E)the Supreme Court has ruled that capital punishment is unconstitutional.

Question 52

Since September 11, 2001, anti-terror legislation has eroded certain rights and liberties, most notably

A)freedom of speech.
B)the right to bear arms.
C)freedom of religion.
D)freedom from unreasonable search and seizure.
E)the right to peaceably assemble.

Question 53

In Gideon v. Wainwright, the Supreme Court ruled that

A)a lawyer does not have to be supplied in a state case.
B)search warrants are always needed to gather evidence.
C)lawyers only need to be appointed in death penalty cases.
D)there can be no cruel and unusual punishment.
E)if one cannot afford an attorney, the government must provide one.

Question 54

People can designate their wishes regarding life-sustaining procedures in a/an

A)living will.
B)irrevocable trust.
C)statement of wishes.
D)writ of habeas corpus.
E)bill of attainder.

Question 55

Cruel and unusual punishment is prohibited by

A)the separation of powers.
B)judicial review.
C)the Fifth Amendment.
D)the Eighth Amendment.
E)the Tenth Amendment.

Question 56

Constitutional civil liberties apply

A)equally to all persons in the United States.
B)to all persons in the United States, with some exceptions for immigrants.
C)to all persons in the United States, with some exceptions for women.
D)differently, depending on the state.
E)differently, depending on age.

Question 57

If the police search a suspect's home

A)the police must first have obtained a warrant.
B)the police may submit illegally obtained evidence at trial if they can prove they would have obtained the evidence legally anyway.
C)the police must have demonstrated probable cause to a judge.
D)the police must first have obtained a warrant and the police must have demonstrated probable cause to a judge.
E)All of these choices are true.

Question 58

For the defendant, an arraignment is

A)the right to be brought before a court to hear the charges and enter a plea of guilty or not guilty.
B)the right request legal counsel.
C)the right to remain silent.
D)the requirement that for a murder conviction, the police must find the dead body.
E)the right to reasonable bail.

Question 59

​The Obama administration defended the NSA's surveillance programs as

A)​having been authorized by secret courts.
B)having been authorized by Congress.
C)​only targeting suspected terrorists.
D)​only targeting foreign nationals.
E)having been authorized by Congress and only targeting suspected terrorists.

Question 60

Following Cruzan v. Director, Missouri Department of Health

A)living wills became common.
B)it was established that life-sustaining treatment can be withdrawn from comatose patients at the simple request of the closest relatives.
C)living wills became unconstitutional.
D)it was established that patients cannot refuse treatment that might save their lives.
E)parents, rather than spouses, were given responsibility for medical decisions regarding comatose persons.

Question 61

Explain the positions of those for and those against the Patriot Act.

Question 62

Explain what symbolic speech is and give examples of Supreme Court decisions on this type of speech.

Question 63

The American judicial system is designed to balance the rights of the accused against the rights of society to be secure. Craft an argument in which you choose any two rights of the accused and argue that these are either necessary in a fair society or, on the contrary, threaten that society in favoring those accused of crimes.

Question 64

Describe the religious freedom protections afforded in the First Amendment of the Bill of Rights.

Question 65

While most civil liberties are found in the Bill of Rights, some are not. Describe two of the liberties found in the Constitution as originally written and detail their purposes.

Question 66

​Discuss the death penalty, the problems it has faced, and the conditions under which it may or may not be unconstitutional.

Question 67

Reflect on Jefferson's "wall of separation" between church and state and, using evidence from our educational system, craft an argument in which you assess the extent to which this wall exists.

Question 68

Explain how the Fourteenth Amendment and incorporation theory affected the Bill of Rights.

Question 69

Under which circumstances is the government able to interfere with freedom of speech?

Question 70

Explain the constitutional basis for a right to privacy and detail how this right has developed and evolved.