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CHAPTER 4 - Civil Liberties
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.”
2. Restraints on the actions of government against individuals are known as
a.
civil rights.
b.
civil liberties.
c.
civil freedoms.
d.
the libertarian contract.
e.
None of the above.
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.
4. The Bill of Rights
a.
protects individual religious freedom.
b.
allows state government to regulate religion.
c.
allows the national government to regulate religion.
d.
provides for an official state religion.
e.
provides protection for street drug use in religious ceremonies.
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CHAPTER 4 - Civil Liberties
5. 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
6. 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
7. 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.
8. 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.
Both A and B.
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CHAPTER 4 - Civil Liberties
9. 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
10. The concept of the separation of church and state
a.
was referred to by Thomas Jefferson as “the wall of separation.”
b.
covers conflicts about the legality of giving state and local government aid to religious organizations and
schools.
c.
refers to the establishment clause of the First Amendment to the Constitution.
d.
forbids the government from establishing an official religion.
e.
All of the above are true.
11. 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.
12. The establishment clause in the First Amendment
a.
has been applied to questions of the legality of state and local government aid to religious organizations and
schools.
b.
means that neither the federal government nor state governments can set up a church.
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CHAPTER 4 - Civil Liberties
c.
is different than the free exercise clause.
d.
has been used to decide the actions of government allowing or prohibiting school prayer.
e.
All of the above are true.
13. 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.
14. Court decisions about prayer in public schools have struck down ___________ but permitted ____________.
a.
official prayers composed by school officials; moments of silence with a secular purpose
b.
moments of silence with a secular purpose; official prayers composed by school officials
c.
any and all efforts by school officials to pray; any and all efforts by students to pray
d.
any and all efforts by students to pray; moments of silence with a secular purpose
e.
any and all efforts by students to pray; religiously based student organizations
15. 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.
Both A and B.
16. All of the following are true about religious displays on public property except
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CHAPTER 4 - Civil Liberties
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.
17. 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.
18. 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.
Options A and B are true.
19. 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.
Options C and D are true.
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CHAPTER 4 - Civil Liberties
20. 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.
Options A and C are true.
21. 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
22. All of the following are true of flag burning except
a.
it was outlawed in Texas and other 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.
23. The Supreme Court will consider restrictions on commercial speech valid as long as
a.
the restrictions seek to implement a substantial government interest.
b.
the restrictions directly advance government interests.
c.
the restrictions go no further than necessary to advance governmental interests.
d.
companies continue to try to publish factual inaccuracies.
e.
All of the above are true.
24. 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.
25. 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.
26. Chief Justice Burger's test of obscenity, as articulated in Miller v. California, included that
a.
the average person finds that it violates contemporary community standards.
b.
the work as a whole appeals to a prurient, excessive interest in sex.
c.
the work shows patently offensive sexual conduct.
d.
the work lacks serious redeeming merit.
e.
All of the above.
27. 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.
Options A and B are true.
28. 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.
29. Regarding freedom of speech on state college and university campuses, federal courts have found
a.
behavioral codes forbidding hate speech to be unconstitutional.
b.
behavioral codes forbidding on-campus political speech to be constitutional.
c.
activity fees that go to support a variety of on-campus political groups to be constitutional.
d.
that state colleges and universities are free to act as non-state entities in regulating speech.
e.
Both A and C.
30. 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
31. The First Amendment prevents Congress from making any law that
a.
abridges “the right of the people to peaceably assemble.”
b.
abridges the right “to petition the Government for a redress of grievances.”
c.
regulates the right to bear arms.
d.
regulates criminal rights.
e.
Options A and B are true.
32. 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.
Options A and B are true.
33. Gag orders have been used to
a.
prohibit one criminal from testifying against another.
b.
restrict the publication of news about a trial in progress or a pre-trial hearing.
c.
restrict what a juror may say to the press after the trial.
d.
restrict what evidence must be shown to defense lawyers.
e.
Options C and D are true.
34. 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.
Options B and D are true.
35. The Court has based the right to privacy on
a.
the First Amendment.
b.
the Third and Fourth Amendments.
c.
the Fifth Amendment.
d.
the Ninth Amendment.
e.
All of the above are true.
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CHAPTER 4 - Civil Liberties
36. 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.
37. 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.
38. In Webster v. Reproductive Health Services and Planned Parenthood v. Casey, the Supreme Court ruled that states
may
a.
ban the use of public hospitals for abortions and require a twenty-four-hour waiting period.
b.
require public employees to assist in abortions and require taxpayer money to provide abortions.
c.
ban second trimester abortions even if the woman’s life is at risk and require spousal consent.
d.
not prevent abortions that use tax-funded facilities and allow all abortions.
e.
None of the above is true.
39. The 1994 Freedom of Access to Clinic Entrances Act
a.
was found unconstitutional by the Supreme Court.
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CHAPTER 4 - Civil Liberties
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.
Options A and B are true.
40. Right-to-life advocates
a.
continue to push for laws restricting abortion.
b.
endorse candidates who support their views.
c.
organize protests.
d.
argue that bans on specific procedures are not effective.
e.
Options A, B, and C are true.
41. 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.
42. 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.
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CHAPTER 4 - Civil Liberties
43. Some criticism of the Patriot Act’s strengthening of governmental investigatory powers reflects
a.
the framers’ desire to encourage general searches.
b.
the fear that the increased powers may be used to silence government critics.
c.
concern about the right to bear arms as provided in the Second Amendment.
d.
strong public support of warrantless surveillance.
e.
defendant rights stemming from Miranda v. Arizona.
44. The Patriot Act, which strengthened the government’s investigatory powers,
a.
is the most significant anti-terrorism legislation in the United States.
b.
bans the government from opening a suspect’s mail.
c.
includes warrantless surveillance, which has strong public support.
d.
was designed to fight organized crime.
e.
was designed to create territorial barriers between government agencies to protect secrecy.
45. Allowing government to have roving wiretaps
a.
has led to the widespread monitoring of speech.
b.
appears to be inconsistent with the Fourth Amendment.
c.
has led to the political parties using the power of government to spy on one another.
d.
allows government to monitor a person's communications as he or she moves from one communication device
to another.
e.
Both B and D.
46. 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.
Both A and B.
e.
A, B, and C above.
47. 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.
Both B and C.
48. Language in the Bill of Rights and the Fourteenth Amendment apply
a.
civil liberties to all persons in the United States.
b.
civil liberties to only citizens.
c.
all civil liberties to citizens, but only First Amendment liberties to non-citizens.
d.
all civil liberties to citizens, but only Fourth Amendment liberties to non-citizens.
e.
None of the above.
49. While non-citizens generally have all civil liberties that citizens have, exceptions in deportation cases have arisen in
the area of
a.
freedom of speech.
b.
ex post facto laws.
c.
due process.
d.
All of the above.
e.
None of the above.
50. 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.
51. The writ of habeas corpus is
a.
the right to be brought before a court and have the reasons for detention explained.
b.
the right to 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.
52. 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.
53. The Miranda rule
a.
was overturned by a Supreme Court decision.
b.
forbids the admission of illegally seized material evidence at trial.
c.
cannot be used to prevent confessions from being introduced as evidence.
d.
requires that suspects be read their rights before questioning.
e.
All of the above are true.
54. 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 the above is true.
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CHAPTER 4 - Civil Liberties
55. 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.
Options A and C are true.
e.
All of the above are true.
56. 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.
57. 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 is supported by a majority of Americans, though support has recently fallen.
c.
thirty-four states permit the punishment.
d.
in 2002, the Court ruled that only juries, not judges, could impose the penalty.
e.
in 2002, the Court ruled that persons under the age of nineteen cannot be put to death.
58. If you are a guest in a place being legally searched, you
a.
have the right to refuse to being searched.
b.
may be legally searched.
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CHAPTER 4 - Civil Liberties
c.
may be compelled to come to the police station.
d.
Both A and C.
e.
None of the above.
59. If the police appear at your door and ask to enter
a.
ask to see a warrant before the police enter.
b.
read the warrant for the details of the search and observe the police activities, once inside without hindering
the search.
c.
ask the police to wait until your lawyer arrives.
d.
suggest that the police search your roommate’s room.
e.
Options A and B are true.
60. The police may enter your home without a warrant
a.
if pursuing a suspected felon into your house.
b.
if your landlord lets them in.
c.
if you refuse to show identification.
d.
if they have a general suspicion of illegal activity.
e.
only if you are home.
61. Explain how the Fourteenth Amendment and incorporation theory affected the Bill of Rights.
62. Discuss the recent Supreme Court rulings that are based on the Second Amendment and describe the positions of the
pro-gun lobby to further expand gun rights.
63. Describe the religious freedom protections afforded in the First Amendment of the Bill of Rights.
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CHAPTER 4 - Civil Liberties
64. Consider the issue of prayer in public schools and craft an essay in which you detail the circumstances under which it
would or would not be deemed unconstitutional.
65. Under which circumstances is the government able to interfere with freedom of speech?
66. Explain what symbolic speech is and give examples of Supreme Court decisions on this type of speech.
67. Explain the constitutional basis for a right to privacy and detail how this right has developed and evolved.
68. Explain the positions of those for and those against the Patriot Act.
69. What are the Miranda rights? What exceptions have been allowed to these rights?
70. Discuss the death penalty, the problems it has faced, and the conditions under which it may or may not be
unconstitutional.
