Question 1

The Sedition Act of 1798 made it illegal to

Accepted Answer

The Sedition Act of 1798 made it illegal to speak or publish anything false, scandalous, or malicious against the government, including the President, Vice President, or Congress. This law was used to prosecute and imprison journalists and newspaper editors who were critical of the government, which violated the freedom of speech and press guaranteed by the First Amendment.

Question 2

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 fundamental rights and freedoms.

Question 3

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, the government tends to limit civil liberties in the name of national security. Examples include the imprisonment of Japanese Americans in internment camps during World War II and the passage of the USA PATRIOT Act after the 9/11 attacks, which expanded government surveillance powers and allowed for the detention of suspected terrorists without trial.

Question 4

The Constitution protects the right to

Accepted Answer

The Constitution, specifically the Bill of Rights, protects all these rights: trial by jury (6th Amendment), freedom of expression, press, and assembly (1st Amendment).

Question 5

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

Accepted Answer

The Bill of Rights, as originally written, was intended to limit the powers of the national government and did not apply to the state governments. It was only after the 14th Amendment and subsequent Supreme Court interpretations that many of these rights were applied to the states.

Question 6

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 Bill of Rights to the states through the process of incorporation, which uses the Fourteenth Amendment to extend federal protections to state actions.

Question 7

The articles of the Constitution protect civil liberties in all of the following EXCEPT

Accepted Answer

The Constitution does not specifically mention "bills of libel" as a protected civil liberty, whereas the other options are explicitly addressed in the Constitution.

Question 8

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 is responsible for interpreting the law and protecting individual rights, often acting as a check on the other branches of government and public opinion.

Question 9

All of the following rights have been incorporated EXCEPT

Accepted Answer

The quartering of soldiers is not explicitly mentioned in the Bill of Rights or any of its amendments.

Question 10

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 writ of habeas corpus is a legal procedure that keeps the government from holding someone without showing cause. It ensures that a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court to determine if the detention is lawful.

Question 11

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

Too much order can lead to tyranny, which is a form of government in which one person or a small group of people have complete control and authority. In such a state, the people are not free to make decisions about the private aspects of their lives.

Question 12

In a World War I speech case, Justice Oliver Wendell Holmes wrote that 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 famously stated that free speech does not protect a person who falsely shouts "fire" in a crowded theater, as it can cause panic and harm.

Question 13

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 and that the law must be narrowly tailored to achieve that interest.

Question 14

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

Accepted Answer

Civil liberties are those rights that are considered so fundamental and essential to the individual that they are outside the authority of the government to regulate or take away. Examples include freedom of speech, religion, and the press. Civil rights, on the other hand, are those rights that protect individuals from discrimination based on certain characteristics such as race, gender, or religion. Direct and negative freedoms are not commonly used terms in discussions of individual rights and liberties. Positive freedoms refer to the government's obligation to provide certain essential services and protections to ensure that individuals can exercise their rights and freedoms, such as the right to education or healthcare.

Question 15

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 the best choice as it refers to a state of disorder and confusion caused by the absence of authority or government. When there is too much freedom, people tend to disobey rules and regulations, leading to chaos and disorder. Therefore, anarchy is the most suitable option to complete the sentence.

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 incorporate certain protections from the Bill of Rights and apply them to the states.

Question 17

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

Accepted Answer

The Declaration of Independence, authored by Thomas Jefferson, famously articulates the concept of natural or inalienable rights, such as life, liberty, and the pursuit of happiness.

Question 18

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 incorporate provisions of the Bill of Rights as binding on the states. This means that the Court selectively chose certain provisions to apply to the states based on their importance and fundamental nature, rather than incorporating all provisions at once (total incorporation). This was done through the due process clause of the Fourteenth Amendment.

Question 19

The courts have consistently ruled that speech codes

Accepted Answer

Speech codes are often found to violate the First Amendment, which protects freedom of speech.

Question 20

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, ratified in 1868, includes the Due Process and Equal Protection Clauses which restrict the states from violating the rights of citizens without due process and from denying equal protection under the law. This amendment laid the foundation for the Supreme Court's incorporation doctrine, which gradually applied most of the provisions of the Bill of Rights to the states.

Quiz 4: Civil Liberties