Question 1

What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states?

Accepted Answer

The Supreme Court settled on the process of selective incorporation to apply provisions of the Bill of Rights to the states. This process involves incorporating specific rights deemed fundamental from the Bill of Rights to apply to the states through the Fourteenth Amendment's Due Process Clause on a case-by-case basis.

Question 2

As originally written, the Bill of Rights limited the activities of

Accepted Answer

The Bill of Rights, as originally written and ratified in 1791, was intended to limit the powers of the national government, not the state governments. It was designed to protect citizens from the federal government's potential abuse of power. The application of the Bill of Rights to the states came later through the process of incorporation via the Fourteenth Amendment.

Question 3

Too much order can lead to __________, a state in which the people are not free to make decisions about the private aspects of their lives.

Accepted Answer

Tyranny is the correct answer because it refers to a state of government or authority in which there is an excessive amount of control over the private lives of individuals, leaving them without freedom to make personal decisions.

Question 4

The potential for the application of the Bill of Rights to the states began with the passage of the __________ Amendment in 1868, which adds several restrictions on what the states can do.

Accepted Answer

The Fourteenth Amendment, passed in 1868, includes the Equal Protection Clause, Due Process Clause, and Privileges or Immunities Clause, which have been interpreted to make most of the Bill of Rights applicable to the states.

Question 5

During times of war, the government's increased concern for order and citizens' increased concerns about security generally find civil liberties being

Accepted Answer

During times of war, governments often prioritize security and order over individual freedoms, leading to a limitation of civil liberties to maintain control and address security concerns.

Question 6

Too much freedom can lead to __________, a state in which everyone does as he or she chooses without regard to others.

Accepted Answer

Anarchy is a state of society without government or law where individuals act entirely according to their own will, often leading to disorder due to a lack of accountability to others.

Question 7

The right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal, is known as

Accepted Answer

The right described is the writ of habeas corpus, which allows a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Question 8

The Sedition Act of 1798 made it illegal to

Accepted Answer

The Sedition Act of 1798 made it illegal to speak, write, or publish "false, scandalous, and malicious" statements against the government, Congress, or the President, effectively limiting criticism of the government.

Question 9

If a majority wishes to abridge rights, it often falls to the __________, which is not designed to be responsive to public desires, to protect those rights.

Accepted Answer

The judiciary, or court system, is designed to interpret and apply the law in a manner that is independent of public opinion or majority desires, ensuring the protection of individual rights even against the wishes of the majority.

Question 10

Justice Oliver Wendell Holmes wrote that freedom of speech was not absolute, such as a person does not have the right to falsely shout ________ in a crowded theater.

Accepted Answer

Justice Oliver Wendell Holmes, in the 1919 Supreme Court case Schenck v. United States, famously stated that the First Amendment does not protect speech that is equivalent to falsely shouting "fire" in a crowded theater, as it would create a clear and present danger.

Question 11

Those rights that are so fundamental that they are outside the authority of government to regulate are known as

Accepted Answer

Civil liberties are fundamental rights and freedoms protected from infringement by the government. These include the freedom of speech, the right to privacy, and the right to due process. They are considered outside the authority of government to regulate because they are inherent to individuals and protected by constitutions, particularly the Bill of Rights in the United States.

Question 12

All of the following rights have been incorporated EXCEPT

Accepted Answer

The right concerning the quartering of soldiers, which is addressed in the Third Amendment of the U.S. Constitution, has not been incorporated against the states through the Fourteenth Amendment. The rights to keep and bear arms, freedom of speech, protection against unreasonable search and seizure, and protection against double jeopardy have all been incorporated and apply to state governments.

Question 13

During World War I, Congress passed the __________ Act of 1917, which made it a crime to obstruct military recruiting.

Accepted Answer

The Espionage Act of 1917 was passed during World War I, making it illegal to interfere with military operations, including obstructing recruitment efforts.

Question 14

Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides

Accepted Answer

The compelling interest test requires that the government must have a compelling interest for the law and that the law must be narrowly tailored to achieve that interest. This is a standard used in constitutional law to determine when it's permissible for the government to limit certain rights.

Question 15

The Supreme Court applied the provisions of the Bill of Rights to the states through the process of

Accepted Answer

The Supreme Court applied the provisions of the Bill of Rights to the states through the process of incorporation, using the Fourteenth Amendment to make most of those rights applicable at the state level.

Question 16

Beginning in 1897, the Supreme Court slowly began to use the protection of "life, liberty, or property" in the Fourteenth Amendment's __________ clause to incorporate some of the provisions of the Bill of Rights as binding on the states.

Accepted Answer

The Supreme Court used the "due process" clause of the Fourteenth Amendment to apply the Bill of Rights to the states, a process known as incorporation. This clause guarantees that states cannot deprive any person of "life, liberty, or property" without due process of law.

Question 17

The Bill of Rights placed into law some of the natural rights that Thomas Jefferson wrote about in the

Accepted Answer

The Bill of Rights, the first ten amendments to the United States Constitution, was influenced by the natural rights philosophy that Thomas Jefferson articulated in the Declaration of Independence. This document, adopted on July 4, 1776, declared the thirteen American colonies independent from British rule and emphasized individual rights and freedoms.

Question 18

The courts have consistently ruled that speech codes at state universities

Accepted Answer

The courts have generally found that speech codes at state universities violate the First Amendment, which guarantees freedom of speech. This is because such codes often restrict speech in a way that is not permissible under the First Amendment's protections.

Question 19

The Constitution protects the right to all of the following EXCEPT

Accepted Answer

The Constitution of the United States guarantees rights such as trial by jury, freedom of expression, freedom of press, and freedom of assembly, but it does not explicitly guarantee the right to a free public education. This responsibility is generally left to the states.

Question 20

The _________ consists of the first ten amendments to the Constitution.

Accepted Answer

The Bill of Rights consists of the first ten amendments to the United States Constitution, guaranteeing such rights as the freedoms of speech, assembly, and worship.

Quiz 4: Civil Liberties