Page Reference: 418 – 419
Skill Level: Remember the Facts
Difficulty Level: Easy
87. Passed in 2001, the __________ expanded the size of the Foreign Intelligence
Surveillance Court and lowered requirements to approve search warrants in cases
involving terrorism.
Topic: Protecting Our Civil Liberties in an Age of Terror: Whose Responsibility?
Learning Objective: LO 14.7: Evaluate the roles of institutions and the people in
protecting civil liberties.
Page Reference: 440
Skill Level: Understand the Concepts
Difficulty Level: Moderate
88. Yelling “Fire!” in a crowded theater is a classic example of speech that creates a
__________.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424
Skill Level: Understand the Concepts
Difficulty Level: Moderate
89. An article falsely accusing Barack Obama of being a drug addict is an example of
__________.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 425
Skill Level: Understand the Concepts
Difficulty Level: Moderate
90. Under Roe v. Wade, a woman could legally seek an abortion freely during her
__________ trimester.
496
Topic: Privacy Rights
Learning Objective: LO 14.5: Assess the kinds of behavior that may be covered
by a constitutional right to privacy.
Page Reference: 430
Skill Level: Understand the Concepts
Difficulty Level: Moderate
Short Answer Questions
91. Define libel, and explain why it has become increasingly difficult for public
officials to win libel suits.
1. Define libel as a type of unprotected speech.
2. Explain that, as a result of New York Times v. Sullivan, it has become
increasingly difficult for public officials to win libel suits. Note in
particular, that plaintiffs must show that false statements were made with
actual malice.
Test Bank Item Title: TB_Q14.2.91
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 425
Skill Level: Understand the Concepts
Difficulty Level: Moderate
92. Discuss why selective incorporation is consistent with larger themes in
federalism.
1. Define selective incorporation and federalism.
2. Analyze the ways in which selective incorporation impacts states’
rights.
3. Discuss how states’ rights questions link to federalism.
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 418 – 419
Skill Level: Understand the Concepts
Difficulty Level: Moderate
497
93. How does the Lemon test examine the constitutionality of religious establishment
issues?
1. Identify the three-prong test articulated in Lemon.
2. Discuss how those prongs operate to address constitutional questions.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 421
Skill Level: Understand the Concepts
Difficulty Level: Moderate
94. What has been the role of habeas corpus in American civil liberties?
1. Describe the traditional function of the writ and its limitations.
2. Discuss the Court’s attitude toward the George W. Bush
administration’s approach to the writ.
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 416 – 417
Skill Level: Understand the Concepts
Difficulty Level: Moderate
95. Explain limitations that the Supreme Court has placed on freedom of the press.
1. Define prior restraint as censorship on a newspaper story before it is
published. Note that the Court has only allowed it in the case of national
security matters and in high schools.
2. Discuss the fact that the Court does not recognize a right of reporters to
withhold information about their sources.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 425 – 427
Skill Level: Understand the Concepts
Difficulty Level: Moderate
498
96. Explain how Gideon v. Wainwright changed how the courts interpret the Sixth
Amendment.
1. Identify the ruling in Gideon v. Wainwright.
2. Recall the content of the Sixth Amendment.
3. Explain how Gideon expanded the right to counsel to those who could
not pay for an attorney.
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 433
Skill Level: Understand the Concepts
Difficulty Level: Moderate
97. How has the Supreme Court applied the exclusionary rule?
1. Define the exclusionary rule.
2. Discuss the ruling of Mapp v. Ohio.
3. Describe more recent cases that analyze the exclusionary rule.
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 433
Skill Level: Understand the Concepts
Difficulty Level: Moderate
98. Explain the significance of the Supreme Court’s decision to uphold Georgia’s
death penalty statute in 1976.
1. Discuss the court’s reasoning in upholding Georgia’s statute.
2. Explain the consequences of this decision, in particular the fact that
many states revised their statutes and that executions increased.
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 436 – 438
499
Skill Level: Analyze It
Difficulty Level: Difficult
99. Explain the difference between procedural and substantive due process.
1. Define both substantive and procedural due process.
2. Discuss how substantive due process protects citizens from arbitrary or
unjust laws.
3. Explain the ways in which procedural due process operates.
Topic: Due Process Rights
Learning Objective: LO 14.4: Distinguish between procedural and substantive
due process.
Page Reference: 429
Skill Level: Analyze It
Difficulty Level: Difficult
100. Discuss the evolution of the Supreme Court’s case law regarding homosexuality.
1. Identify Lawrence v. Texas and Bowers v. Hardwick as the primary
cases.
2. Recall that Lawrence overruled Bowers.
3. Explain the differences between the two cases.
Topic: Privacy Rights
Learning Objective: LO 14.5: Assess the kinds of behavior that may be covered
by a constitutional right to privacy.
Page Reference: 431
Skill Level: Understand the Concepts
Difficulty Level: Moderate
101. What constitutes a taking for the purpose of eminent domain?
1. Define eminent domain.
2. Discuss the qualities required for a taking, including that the taking be
direct, that the person lose control over the property, and that the taking be
justly compensated.
Topic: Property Rights
500
Learning Objective: LO 14.3: Explain how the Constitution protects property
rights.
Page Reference: 428
Skill Level: Understand the Concepts
Difficulty Level: Moderate
102. Why does the plight of the Guantanamo detainees raise concerns about civil
liberties?
1. Recall the basic history of how detainees ended up at Guantanamo Bay,
Cuba.
2. Explain how enemy combatants lack basic civil liberties.
3. Discuss whether those limits have led to abuse.
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights.
Page Reference: 417
Skill Level: Analyze It
Difficulty Level: Difficult
103. Explain the significance of Miranda v. Arizona for the rights of the accused.
1. Discuss the importance of police questioning in the solving of crimes
and the fact that such questioning can easily be abused.
2. Discuss the case of Miranda v. Arizona, in which the Court ruled that
no conviction could stand unless suspects were notified of their rights
during questioning.
3. Note that the Court continued to maintain the importance of the
Miranda guidelines as recently as 2000.
Topic: Due Process Rights
Learning Objective: LO 14.4: Distinguish between procedural and substantive
due process.
Page Reference: 434
Skill Level: Analyze It
Difficulty Level: Difficult
104. How does the clear and present danger test operate?
1. Discuss how the bad tendency test gave way to the clear and present
danger test.
2. Explain what the test requires, including the language used and the
potential for clear and present danger that “will bring about substantive
evils.”
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424
Skill Level: Understand the Concepts
Difficulty Level: Moderate
105. Is the right to privacy in the Constitution?
1. Identify that the right to privacy is not explicitly mentioned in the
Constitution.
2. Explain that in Griswold v. Connecticut, the Court pulled together
elements from the First, Third, Fourth, Fifth, Ninth, and Fourteenth
Amendments to recognize that the Constitution protects personal privacy.
Topic: Privacy Rights
Learning Objective: LO 14.5: Assess the kinds of behavior that may be covered
by a constitutional right to privacy.
Page Reference: 429 – 430
Skill Level: Understand the Concepts
Difficulty Level: Moderate
Essay Questions
106. Discuss the evolution of abortion rights.
1. Identify the historical events that set off a string of abortion cases.
2. Recall the basic facts of Roe v. Wade.
3. Explain how the Supreme Court identified the three stages of pregnancy
in ruling on abortion rights.
4. Discuss the ruling of Planned Parenthood v. Casey as a change from
Roe v. Wade.
502
Topic: Privacy Rights
Learning Objective: LO 14.5: Assess the kinds of behavior that may be covered
by a constitutional right to privacy.
Page Reference: 430 – 431
Skill Level: Understand the Concepts
Difficulty Level: Moderate
107. Why are the establishment and free exercise clauses necessary to maintain the
separation of church and state?
1. Define both the establishment and free exercise clauses.
2. Explain the concept of the separation between church and state.
3. Discuss how the ability to practice religion freely and privately helps to
facilitate the separation.
4. Analyze why the express clause forbidding a state religion helps to
maintain the separation of church and state.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 419, 421 – 423
Skill Level: Apply What You Know
Difficulty Level: Civil Liberties
108. How do we know that the Framers intended the Bill of Rights to limit the federal
government’s power to infringe on the rights and liberties of citizens?
1. Explain the concept of selective incorporation.
2. Describe the meaning of substantive due process.
3. Analyze how selective incorporation and substantive due process work
to protect the civil liberties of individual citizen.
Topic: The Basis for Our Civil Liberties
Learning Objective: LO 14.1: Trace the roots of civil liberties in the original
Constitution and their subsequent development in the Bill of Rights; LO 14.4
Distinguish between procedural and substantive due process.
Page Reference: 417 – 419, 429
Skill Level: Apply What You Know
Difficulty Level: Difficult
109. How did Miranda v. Arizona change the way law enforcement treated criminal
defendants?
503
1. Discuss the holding of Miranda v. Arizona.
2. Explain what is meant by Miranda rights and how police officers use
them.
3. Analyze how hearing the Miranda rights helps a criminal defendant to
be more informed about his or her rights as an accused party.
Topic: Rights of Criminal Suspects
Learning Objective: LO 14.6: Analyze the constitutional rights of criminal
suspects.
Page Reference: 435
Skill Level: Analyze It
Difficulty Level: Difficult
110. Compare the different tests the courts use when assessing free speech rights.
1. Identify at least the clear and present danger and bad tendency tests.
2. Explain how each test operates.
3. Discuss how the tests differ in their approaches to free speech concerns.
Topic: First Amendment Freedoms
Learning Objective: LO 14.2: Describe the First Amendment freedoms and the
limitations on them.
Page Reference: 424 – 425
Skill Level: Analyze It
Difficulty Level: Difficult
504