Deck 15: Order and Civil Liberties

Question 1

In 1791,when the Bill of Rights was ratified,it

A)was made up of fifteen amendments.
B)imposed limits on the national government but not on the state governments.
C)did not include a provision protecting free speech.
D)applied to the states but not to the national government.
E)was intended to be temporary, only having effect until citizens felt comfortable that the government understood and would not interfere with their rights.

Answer 1

B

Question 2

The Civil Rights Act of 1964 established the right to nondiscrimination in public accommodations and __________________.​

A)​access to home loans
B)​voting
C)​employment opportunity
D)​education
E)​All of these choices are true.

Answer 2

C

Question 3

A state establishes a school voucher program where students or parents can choose to give the voucher money to either secular or religious schools.The Supreme Court is likely to rule this state program

A)unconstitutional, because it can amount to a government establishment of religion.
B)unconstitutional, because the voucher program would amount to an excessive entanglement between government and religion.
C)constitutional, because it allows a religious student to pursue his or her free exercise to attend a religious school.
D)constitutional, because the establishment clause of the Constitution only applies to federal programs and not to state policies.
E)constitutional, because the program does not favor religious schools over nonreligious schools when it is the student or parent making the choice.

Answer 3

E

Question 4

The Constitution's _____________ clause prevents the government from interfering with religious practice.​

A)establishment
B)​essential freedoms
C)​nondiscrimination
D)​free exercise
E)​religious freedom

Question 5

Powers and privileges guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals are best defined as

A)civil rights.
B)human rights.
C)civil liberties.
D)negative liberties.
E)inalienable rights.

Question 6

A Seventh-Day Adventist declined a job that required him to work on a Saturday,which is the holy day for Seventh-Day Adventists.Because he declined a job,the federal government denied him federal unemployment benefits.The Supreme Court would rule that this decision by the government was

A)constitutional, because to single out the Adventist for special consideration would amount to an establishment of religion by the federal government.
B)unconstitutional, because the Adventist had the right to his free exercise of religion.
C)unconstitutional, because the First Amendment's right to assemble includes the right not to assemble for reasons of religious conscience.
D)constitutional, because the establishment clause only applies to actions of state governments, not the federal government.
E)unconstitutional, because under the Fourteenth Amendment all Americans, regardless of religion, have a right to unemployment benefits when they have no job.

Question 7

When strict scrutiny is applied by the courts,it means that a law may be upheld only if the government can demonstrate that

A)the law is justified by a "compelling governmental interest."
B)the law is narrowly tailored to achieve a legitimate goal.
C)the law in question is the least restrictive means for achieving that interest.
D)the law is justified by a "compelling governmental interest," is narrowly tailored to achieve a legitimate goal, and is the least restrictive means for achieving that interest.
E)None of these choices is true.

Question 8

The phrase "wall of separation between church and state" originated with

A)the First Amendment.
B)the Bill of Rights.
C)the Declaration of Independence.
D)Thomas Jefferson.
E)the Constitutional Convention.

Question 9

Persons possess __________ and governments ​possess ____________.

A)​rights; privileges
B)​rights; powers
C)​privileges; powers
D)​liberties; rights
E)​rights; liberties

Question 10

The most important obstacle to the adoption of the Constitution by the states was

A)it did not contain a bill of rights.
B)it did not include voting rights for blacks.
C)it did not include voting rights for women.
D)it did not separate powers among branches of government.
E)it included too much delegation of power to the states.

Question 11

Compared to a person in Spain​,an American is ___________ to say religion is very important in their lives.

A)​much more likely
B)​slightly more likely
C)​about equally likely
D)​slightly less likely
E)​mush less likely

Question 12

Charles Schenck,the defendant in Schenck v.United States,was charged with

A)speaking against the president in public places.
B)pipe-bombing a federal building.
C)burning the flag.
D)disrupting military recruitment by distributing leaflets claiming that the draft was unconstitutional.
E)distributing pornographic material.

Question 13

Which of the following statements is correct?

A)Public schools must open their doors to after-school religious activities on the same basis as other after-school programs.
B)Prayers in public school assemblies that mention only "God" but no specific religion's deity can be upheld as constitutional.
C)Nonsectarian prayers at official public school graduations are permissible under the Constitution.
D)Prayers at public high school football games are permissible so long as the prayers are organized and led by students.
E)A prayer written on a public school auditorium wall, but not recited by students or faculty, is permitted under the First Amendment.

Question 14

The Supreme Court declared prayer in public schools unconstitutional in

A)Minersville School District v. Gobitis.
B)West Virginia State Board v. Barnette.
C)Engel v. Vitale.
D)Epperson v. Arkansas.
E)Near v. Minnesota.

Question 15

The establishment clause of the First Amendment

A)prohibits government from sponsoring or supporting religious activity.
B)establishes Protestantism as the official religion of the United States.
C)prevents the government from interfering with the exercise of religion.
D)forbids the establishment of restrictions on free speech.
E)keeps Congress from making other amendments official without a Supreme Court ruling.

Question 16

​Government can impose reasonable restrictions on free speech by limiting the

A)​provocative nature of the ideas contained in the speech.
B)​overtly political content of speech.
C)​content of religious ideas expressed.
D)​spreading of anti-government messages.
E)​means for communicating ideas.

Question 17

If Congress forced conscientious objectors to fight-to violate their religious beliefs or deeply held humanistic opposition to war-the government would run afoul of the __________ of the First Amendment.

A)free association clause
B)free-exercise clause
C)establishment clause
D)due process clause
E)equal protection clause

Question 18

The rights and liberties guaranteed by the Constitution are found in

A)the Eighteenth and Twenty-Second Amendments.
B)the Bill of Rights and the first section of the Fourteenth Amendment.
C)Article III.
D)Article I.
E)Amendments 1 through 27.

Question 19

In the Lemon v.Kurtzman decision,the Supreme Court proposed a test for determining the constitutionality of government programs and laws; this test included

A)that the government must have a secular purpose for the law or program.
B)that the primary effect of the law or program must not be to advance or inhibit religion.
C)that the law or program must not entangle the government excessively with religion.
D)which law or program cannot be funded with taxpayer money.
E)that the government must have a secular purpose for the law or program, that the primary effect of the law or program must not be to advance or inhibit religion, and that the law or program must not entangle the government excessively with religion. 

Question 20

An American citizen's ability to drive a car only with the possession of a valid license may be best described as a

A)civil liberty.
B)civil right.
C)privilege.
D)power.
E)negative right.

Question 21

A U.S.Court of Appeals ​held in 2013 that when Daniel Ray Carter,Jr.,an employee of the Sheriff's office in Hampton,Virginia ____________,it was constitutionally protected symbolic speech.

A)"liked" a Facebook page
B)placed a campaign sign in his yard
C)​wore an arm band protesting police brutality
D)attended a pro-immigration rally
E)participated in a march supporting separation of church and state

Question 22

The __________ has been construed to provide protection for the individual from the actions of a repressive state government.

A)First Amendment
B)Fifth Amendment
C)Ninth Amendment
D)Fourteenth Amendment
E)Fourth Amendment

Question 23

A(n)______________ is a law that declares a person guilty without the benefit of trial.

A)bill of attainder
B)selective incorporation
C)ex post facto law
D)prior restraint action
E)​lemon test

Question 24

In the New York Times v.Sullivan case,the Supreme Court declared that freedom of the press takes precedence when the defamed individual is

A)famous.
B)a religious figure.
C)a candidate for office.
D)a person who accidentally became famous.
E)a public official.

Question 25

_____________ was the fist case to establish that the Bill of Rights would be applied more broadly than the Supreme Court initially held.

A)Plessy v. Ferguson
B)Schenck v. United States
C)Near v. Minnesota
D)Gitlow v. New York
E)Palko v. Connecticut

Question 26

A reporter obtained information from a confidential source pertaining to an ongoing criminal grand jury investigation.The free press standard that the reporter must adhere to in this situation requires that the reporter

A)go to jail for contempt rather than reveal the information.
B)divulge the information from the source but not give the name of the source.
C)give whatever testimony the reporter is capable of giving.
D)divulge information only if the name of the confidential source is revealed first.
E)decline to appear before the grand jury.

Question 27

In Palko v.Connecticut,the Supreme Court ruled that Frank Palko's Fifth Amendment protection against double jeopardy was not a(n)_________ right the state of Connecticut had to follow.

A)fundamental
B)privacy
C)concurrent
D)dual
E)explicit

Question 28

In McCutcheon v.Federal Election Commission,the Supreme Court held that ​______________________ were unconstitutional.

A)​corporate contributions to candidates
B)​limits on individual contributions to candidates
C)​campaign expenditures that untruthfully or unfairly criticized a political opponent
D)​aggregate limits on contributions to federal candidates and party committees
E)​campaign activities supporting openly communist or fascist candidates

Question 29

The Supreme Court's decision in District of Columbia v.Heller did not rule on the question of incorporating the Second Amendment into the due process clause of the Fourteenth Amendment,at least in part because​

A)​the justices could not reach an agreement on this issue.
B)​the District of Columbia is not a state.
C)​that question had already been answered in a prior decision.
D)​Justice Scalia persuasively argued that it was not the role of the court to "take certain policy choices off the table."
E)​liberal justices opposed including this in the decision.

Question 30

​After the September 11,2001 terrorist attacks,Congress passed the USA-PATRIOT Act,which

A)​gave government increased power over who is allowed to run for office.
B)​empowered the president to ban social media sites like Twitter, Facebook, and Instagram in an attempt to maintain public order.
C)​expanded the government's ability to tap phones and monitor internet traffic.
D)​extended the requirement that one be a "native-born American" to run for president, to all federal elective offices.
E)​created a universal gun owner registration list.

Question 31

In 2010,The Supreme Court in McDonald v.Chicago,ruled in a 5-4 decision that an individual's right to bear arms

A)can be prohibited by state or local government.
B)only is permitted if the individual is part of a state militia.
C)cannot be prohibited by state or local government.
D)only is permitted if the individual submits to a state background check.
E)permits the individual to possess submachine guns and assault rifles.

Question 32

In its 2011 decision Snyder v.Phelps,the Supreme Court affirmed the right of the Westboro Baptist Church to

A)call for the violent overthrow of the Supreme Court.
B)picket Planned Parenthood clinics with images of guns.
C)distribute leaflets outside IRS offices telling taxpayers they were going to hell.
D)picket funerals to communicate their belief that God punishes the military for tolerating homosexuality.
E)legally remove a statue of the Ten Commandments from a public park if their own tablet reading, "God Hates America" was not also accepted for display.

Question 33

The Second Amendment of the Constitution refers to

A)the right to bear arms.
B)a ban on cruel and unusual punishment.
C)the right to be free from unreasonable searches and seizures.
D)a right not to be tried twice for the same offense.
E)the right for citizens not to have soldiers quartered within their houses.

Question 34

Students demonstrating against the war in Iraq by wearing black armbands as a symbolic protest would probably be protected under which case ruling?

A)Smith v. City of Chicago
B)Tinker v. Des Moines Independent Co. School District
C)Evanston v. Texas Independent School District # 83
D)Albert v. University of Sacramento
E)Near v. Minnesota

Question 35

An ex post facto law

A)impairs contracts between states.
B)prevents double jeopardy.
C)declares an action illegal after it has been committed.
D)declares a person guilty without the benefit of trial.
E)None of these choices is true.

Question 36

The case Cohen v.California dealt with a man who was prosecuted for wearing a jacket in a Los Angeles courthouse with the following words emblazoned on it:

A)"Fuck the draft. Stop the war."
B)"Death to the Jews."
C)"Somebody please shoot Nixon."
D)"I have a bomb."
E)"Contract killer for hire."

Question 37

In Near v.Minnesota,the Supreme Court

A)ruled that prior restraint is a political issue and therefore not justifiable.
B)ruled that prior restraint is not a violation of freedom of the press.
C)ruled that prior restraint almost always places an unacceptable burden on a free press.
D)ruled that prior restraint of the press is permitted by the clear and present danger test.
E)applied a three-pronged test to identify whether prior restraint is permissible.

Question 38

In the 1970s,Daniel Ellsberg stole classified documents that came to be known as __________ and gave them to national newspapers.

A)the Vietnam Plans
B)the Nixon Scheme
C)the Pentagon Papers
D)the Watergate Files
E)None of these choices is true.

Question 39

States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of the Fourteenth Amendment ___________ clause.

A)due process
B)state's rights
C)equal protection
D)free exercise
E)privacy

Question 40

A newspaper publishes a factually incorrect and highly negative story about a presidential candidate.That candidate sues the paper for libel.The courts are likely to rule which of the following?

A)The candidate is likely to win damages (money from the paper), because the freedom of the press does not include the freedom to print factually untrue statements.
B)The candidate will not win damages (money from the paper), because freedom of the press does include the freedom to print factually untrue statements.
C)The candidate will win damages (money) only if he can prove the paper knew the story was a lie when it printed it, but did so anyway.
D)The candidate will win damages (money) if he can prove that the publication of the paper resulted in a severe and immediate harm to his reputation.
E)The candidate cannot win damages (money) from the paper because he is a "public figure" and thus exempt from the normal rules governing libel.

Question 41

According to the Supreme Court in Bowers v.Hardwick,homosexual relations between consenting adults in the privacy of their own homes

A)are protected under the Bill of Rights.
B)are not protected under the Constitution.
C)cannot be regulated by state governments.
D)may be regulated only by Congress.
E)is a prohibited extension of search and seizure laws.

Question 42

The __________ Amendment states,"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."

A)Fifth
B)Sixth
C)Eighth
D)Ninth
E)Second

Question 43

The case of Gideon v.Wainwright affirmed that the state must

A)allow you to be tried by a jury of your peers.
B)provide you with legal counsel.
C)inform you of your constitutional rights before placing you under arrest.
D)allow you to confront your accuser.
E)impose a fair and impartial sentence for the crime.

Question 44

Although prosecutors dropped charges against Michael Hardwick,his case came before the Supreme Court because

A)a judge insisted that he be tried.
B)protests throughout the South forced a trial.
C)a newly elected prosecutor bowed to the Religious Right and reinstated the charges.
D)he brought a suit challenging the constitutionality of a law.
E)interest groups filed a suit on his behalf.

Question 45

The Supreme Court case Lawrence and Garner v.Texas overturned the previous decision of

A)Roe v. Wade.
B)Griswold v. Connecticut.
C)Mapp v. Ohio.
D)Bowers v. Hardwick.
E)Palko v. Connecticut.

Question 46

The statements that police are required to make to a person before that person may be subjected to in-custody questioning are known as

A)cross-examination.
B)exclusionary rules.
C)interrogations.
D)jailhouse rights.
E)Miranda warnings.

Question 47

Which of the following amendments is not concerned with how the government must behave in criminal proceedings.

A)Fourth
B)Fifth
C)Sixth
D)Eighth
E)Ninth

Question 48

In Planned Parenthood v.Casey,the Supreme Court​

A)​broadened the existing federal restrictions on availability of abortion.
B)voided the "undue burden" test that had been used for rulings on the abortion issue.
C)​accepted the validity of Justice O'Connor's position that state abortion restrictions are allowable if they are not "unduly burdensome."
D)​established the "trimester" scheme, in which restrictions on abortion may be different in the first, second, and third three-month periods of a pregnancy.
E)​outlawed abortions funded with federal funds.

Question 49

The major criticism of the dissenting justices in Roe v.Wade was that

A)the other justices were writing their own policy preferences into law.
B)the Constitution clearly bans the procedure under question.
C)the Court did not hear sufficient testimony before reaching its decision.
D)the case should have been dismissed as moot.
E)the law as applied was too narrow to fit any other precedent.

Question 50

Justice Sandra Day O'Connor contributed to the legal debate over abortion by maintaining that state abortion restrictions are permissible provided they do not create

A)parental consent requirements.
B)unnecessary information.
C)a 24-hour waiting period before an abortion can be performed.
D)compelling scrutiny.
E)an undue burden.

Question 51

The Supreme Court decision United States v.Leon established the good faith exception which allowed

A)the state to introduce evidence at trial if that evidence was seized on the basis of a mistakenly issued search warrant.
B)the state to exempt a person from punishment for a crime if that person did not understand that his or her action was criminal.
C)individuals to publish any material they wish, as long as they believe that material to be factually correct.
D)people to be excused from jury duty if they can demonstrate that they have given their best effort in performing other civic duties.
E)a mistake in securing evidence to be considered neutrally by a jury.

Question 52

Griswold v.Connecticut,which challenged a Connecticut statute that declared the use of birth control devices a crime,established the principle that

A)birth control is a matter of religious belief and therefore cannot be limited by the state.
B)the states are free to restrict matters of personal privacy.
C)the Constitution guarantees the right to obtain an abortion.
D)the Bill of Rights as a whole creates a zone of personal privacy or autonomy.
E)government cannot successfully enact a law for morality.

Question 53

Justice O'Connor outlined the "undue burden" standard for considering state abortion restrictions in​

A)​Roe v. Wade
B)​Bowers v. Hardwick
C)​Lawrence and Garner v. Texas
D)​Planned Parenthood v. Casey
E)Webster v. Reproductive Health Services

Question 54

The case in which the Supreme Court extended to the states the right to a jury trial in criminal cases was

A)Gideon v. Wainright.
B)Miranda v. Arizona.
C)Duncan v. Louisiana.
D)Palko v. Connecticut.
E)Schenck v. U.S.

Question 55

The significance of the Ninth Amendment remained unexplored until the case of

A)Roe v. Wade.
B)Palko v. Connecticut.
C)Griswold v. Connecticut.
D)Mapp v. Ohio.
E)Lemon v. Kurtzman.

Question 56

In Mapp v.Ohio,a case that involved the conviction of a woman for possession of obscene material found during an illegal search for a fugitive,the Supreme Court

A)ruled that illegally obtained evidence could be used in state courts but not in federal courts.
B)refused to incorporate the illegal search and seizure protection under the Fourteenth Amendment.
C)ruled that state police were not bound by due process guarantees.
D)extended the federal exclusionary rule to state courts.
E)threw out the conviction.

Question 57

In 1992,a clear conservative majority on the Supreme Court __________ Roe.

A)overruled
B)ignored
C)reaffirmed
D)replaced
E)denounced

Question 58

The case Roe v.Wade

A)upheld the right of couples to use birth control devices.
B)upheld the right of gay Americans to consenting sexual relationships.
C)denied the right of gay Americans to consenting sexual relationships.
D)upheld the right of women to have abortions.
E)ruled that state laws criminalizing adultery were unconstitutional.

Question 59

In Griswold v.Connecticut ,the Court struck down a state law

A)requiring women to seek the permission of their husbands before obtaining an abortion.
B)that banned pornographic literature.
C)that made the use of birth control devices a crime.
D)forbidding the purchase of alcohol on Sunday afternoons.
E)regulating gambling that took place within private residences.

Question 60

The exclusionary rule holds that

A)"fighting words" can be excluded from constitutional protection.
B)a court can order or constrain an action by an individual.
C)evidence obtained from an illegal search and seizure cannot be used in a trial.
D)people who are biased against a defendant may be excluded from serving on a jury.
E)evidence wrongly excluded at trial may not be used in appellate court later.

Question 61

Explain how the Supreme Court interpreted the Ninth Amendment to decide the Griswold v.Connecticut case.

Question 62

How has the court treated display of religious artifacts or messages on public property compared to in public schools?

Question 63

Summarize the difference between civil liberties and civil rights.

Question 64

Explain why selective incorporation is important and provide examples of its implementation.

Question 65

What are the Miranda warnings?

Question 66

What did the Supreme Court decision District of Columbia v.Heller rule,what amendment to the Constitution did it interpret,and what was one of the questions it left unanswered?

Question 67

Give an example of how presidential appointments and ideological shifts on the Supreme Court have affected the Supreme Court's rulings on abortion.

Question 68

Discuss how the Supreme Court has dealt with the issue of prior restraint,being sure to reference specific examples of court action.

Question 69

Discuss the three prongs of the Lemon test,and give an example of a Supreme Court case that applied it.

Question 70

Discuss the dispute and outcome of two Supreme Court decisions governing constitutional guarantees for criminal defendants.