Deck 4: Civil Liberties

Question 1

Constitutional freedoms on which the government may not encroach are called civil

A) liberties.
B) rights.
C) laws.
D) pursuits.

Answer 1

A

Question 2

Protections against unequal treatment that the government guarantees all groups are civil

A) liberties.
B) rights.
C) laws.
D) pursuits.

Answer 2

B

Question 3

When James Field purposefully drove his car into counterprotestors in Charlottesville, Virginia, in August 2017, killing Heather Heyer and injuring 19 others, his civil liberty to the right to a fair trial by jury was protected by which amendment?

A) Second
B) Fourth
C) Sixth
D) Eighth

Answer 3

C

Question 4

The Bill of Rights was

A) a part of the original Constitution.
B) not a part of the original Constitution.
C) adopted after the Civil War.
D) All of the above

Question 5

Many political leaders believed it was necessary to have a bill of rights because they feared

A) the centralized national government would tyrannically encroach on civil liberties.
B) the centralized national government would tyrannically encroach on civil rights.
C) the national government would not have enough power to protect its people.
D) slave uprisings would threaten national security.

Question 6

Why did some Framers oppose a bill of rights?

A) By listing individual rights, government would only adhere to those that were listed.
B) The separation of powers and checks and balances would sufficiently protect individual liberties and prevent government tyranny.
C) Both of the above
D) Neither of the above

Question 7

Which of the following threatened the ratification of the Constitution?

A) The lack of a bill of rights
B) The lack of a supremacy clause
C) The presence of a bill of rights
D) None of the above

Question 8

Who agreed to propose a bill of rights as constitutional amendments after the ratification of the Constitution?

A) Thomas Jefferson
B) James Madison
C) Benjamin Franklin
D) John Hancock

Question 9

Which of the following is accurate?

A) The Bill of Rights only applies to state and local governments.
B) The Bill of Rights only applies to the national government.
C) The Bill of Rights applies to all levels of government.
D) The Bill of Rights only applies to the national government in special cases.

Question 10

What idea does the concept of incorporation refer to?

A) Whether the Bill of Rights should apply to the states in addition to the national government
B) Whether the Bill of Rights should apply to the national government in addition to the states
C) Whether there should be a bill of rights in the Constitution
D) Whether the Bill of Rights is binding for public officials

Question 11

Which clause within the Bill of Rights requires the government to provide compensation when it takes private property for public use?

A) Establishment clause
B) Free exercise clause
C) Eminent domain clause
D) Due process clause

Question 12

Which amendment concerns the issue of eminent domain?

A) Second
B) Third
C) Fourth
D) Fifth

Question 13

Which amendment ensures that states cannot deny any resident life, liberty, or property without following normal criminal and judicial procedures?

A) Thirteenth
B) Fourteenth
C) Fifteenth
D) Sixteenth

Question 14

Which of the following is a part of the Fourteenth Amendment?

A) Establishment clause
B) Free exercise clause
C) Eminent domain clause
D) Due process clause

Question 15

Which of the following is accurate?

A) The Fourteenth Amendment incorporates the entire Bill of Rights.
B) The Supreme Court ruled against the concept of the Fourteenth Amendment incorporating the entire Bill of Rights.
C) The Fourteenth Amendment is a part of the Bill of Rights.
D) The Fourteenth Amendment nullifies the Bill of Rights.

Question 16

What is the process by which the Supreme Court has gradually incorporated specific liberties deemed absolutely necessary in a free society?

A) Incorporation
B) Selective incorporation
C) Full incorporation
D) Critical incorporation

Question 17

Which Supreme Court case established the selective incorporation principle?

A) v. Connecticut (1937)
B) Griswold v. Connecticut (1965)
C) Roe v. Wade (1973)
D) Employment Division v. Smith (1990)

Question 18

The First Amendment concerns the civil liberty of freedom of

A) expression.
B) protection.
C) thought.
D) property.

Question 19

Which of the following is not an issue related to freedom of expression?

A) Political dissent
B) Pornography
C) Offensive speech
D) Gun ownership

Question 20

Is political dissent protected under the nation's current understanding of freedom of expression?

A) No, it is dangerous to American values.
B) No, it always presents a clear and present danger to the government.
C) Yes, as long as it does not directly encourage lawless actions.
D) Yes, it is protected in all cases.

Question 21

What does the clear and present danger test allow the government to do?

A) Criminalize any expression that poses a definite and immediate threat to peace or national security
B) Criminalize any gun ownership that will bring about substantial dangers or evils
C) Withhold a trial for a citizen who is seen as potentially dangerous
D) Force a confession out of a suspect

Question 22

If a citizen of the United States engaged in hate speech against Latinos and suggested that they should all be physically harmed, would this speech be protected by the First Amendment?

A) No, hate speech is not protected.
B) No, speech containing violent ideas is not protected.
C) Yes, hate speech is allowed if it does not directly encourage violence.
D) Yes, all speech is allowed.

Question 23

The First Amendment protects flag desecration, nonobscene sexually explicit material, and

A) incitement of violence.
B) assault.
C) hate speech.
D) None of the above

Question 24

Which of the following is not protected by freedom of speech?

A) Hate speech
B) Fighting words
C) Political dissent
D) None of the above

Question 25

What is the term concerning government regulation preventing the publication of printed material?

A) Eminent domain
B) Incorporation
C) Prior restraint
D) Libel

Question 26

Can the government prevent the publication of material that is critical of its policies?

A) Yes, because this sort of publication is dangerous to the government.
B) Yes, because this sort of publication demonstrates a clear and present danger to the country.
C) No, because this sort of publication is protected by freedom of the press.
D) No, because this sort of publication is accurate.

Question 27

Libel is a term concerning

A) compensation for property taken by the government.
B) the requirement of all states to protect all of the civil liberties covered by the Bill of Rights.
C) government regulation preventing the publication of printed material.
D) the publication of written material that damages an individual's reputation.

Question 28

Public figures can only win a libel suit against a publication if they

A) can demonstrate that the claims are false.
B) take the lawsuit to appeals court.
C) can demonstrate that the claims are false and deliberately intended to inflict harm.
D) can demonstrate the claims were meant to inflict harm.

Question 29

Which of the following is accurate?

A) All media outlets are equally protected by the freedom of the press.
B) Different types of media outlets are subject to differing levels of protection under freedom of the press.
C) Freedom of the press is specific only to written publications.
D) Freedom of the press does not exist in the digital age.

Question 30

Governmental attempts to censor pornography on the Internet have been limited by the Supreme Court on the grounds of

A) freedom of speech.
B) freedom of the press.
C) eminent domain.
D) prior restraint.

Question 31

Granting broadcasting licenses to radio and television stations so they may transmit their signals is the main purpose of the

A) Federal Election Commission (FEC)
B) Occupational Safety and Health Administration (OSHA)
C) Federal Communications Commission (FCC)
D) None of the above

Question 32

Which of the following is not covered under the First Amendment?

A) Freedom of the press
B) Freedom of religion
C) Freedom from multiple trials for the same crime
D) Freedom of assembly

Question 33

Which of the following is accurate?

A) The First Amendment established a formal religion for the new nation.
B) The First Amendment forbade the establishment of a formal religion for the new nation.
C) The First Amendment established a formal religion for the new nation but forbade religious persecution.
D) The First Amendment forbade the practice of religion in the new nation.

Question 34

The establishment clause prohibits

A) the practice of religion.
B) state sponsorship of religion.
C) government entanglement in religion.
D) All of the above

Question 35

The free exercise clause allows for

A) the practice of religion.
B) state sponsorship of religion.
C) governmental entanglement in religion.
D) All of the above

Question 36

What prevents the government from interfering with or advancing any religion or religious activity?

A) Establishment clause
B) Free exercise clause
C) Due process clause
D) Separation of church and state

Question 37

Is organized prayer in schools constitutional?

A) Yes, because the government cannot prevent the exercise of religious activity.
B) Yes, because of the separation of church and state.
C) No, because this violates the establishment clause.
D) No, because this violates the free exercise clause.

Question 38

Is it constitutional to use school vouchers for parochial schools?

A) No, because the government can prevent the exercise of religious activity.
B) No, because of the separation of church and state.
C) Yes, because this does not violate the establishment clause.
D) Yes, because this does not violate the free exercise clause.

Question 39

Can the government create a law that adversely affects religious worship?

A) Yes, the government has the ability to create any law based on the supremacy clause.
B) Yes, the government can do so if it demonstrates that it was not attempting to adversely affect a religious group.
C) Yes, only if the government can show a compelling justification.
D) No, because this violates the separation of church and state.

Question 40

Religious institutions can lose their tax-exempt status from the government if they

A) only choose to worship on Sundays.
B) engage in racial discrimination.
C) try to influence the social beliefs of their members.
D) engage in discrimination against homosexuals.

Question 41

The preferential evaluation of other cultures according to preconceived notions of one's own culture is called

A) ethnocentric views.
B) gender-role views.
C) freedom of religion views.
D) class-based discrimination.

Question 42

How have ethnocentric views played a role in the protection of religious freedom for nontraditional religions in the United States?

A) Ethnocentric views have advantaged religious freedom for nontraditional religions.
B) Ethnocentric views have disadvantaged religious freedom for nontraditional religions.
C) Ethnocentric views neither advantage nor disadvantage religious freedom for any groups.
D) Ethnocentric views both advantage and disadvantage religious freedom for all groups.

Question 43

Which of the following is not directly related to civil liberties protected by the Constitution?

A) Criminal justice
B) Religious freedom
C) Gun ownership
D) Discriminatory behavior

Question 44

Which amendment does not directly relate to criminal justice?

A) Third
B) Fourth
C) Fifth
D) Sixth

Question 45

Which policy area has resulted in less civil liberties protection for racial and ethnic minorities?

A) The war on drugs
B) The war on terrorism
C) Both of the above
D) None of the above

Question 46

The First Amendment protects

A) free exercise of religion and freedom to peacefully assemble.
B) the right to bear arms.
C) citizens from the quartering of soldiers in their homes during times of peace.
D) citizens against search and seizure without probable cause.

Question 47

The Second Amendment protects

A) free exercise of religion and freedom to peacefully assemble.
B) the right to bear arms.
C) citizens from the quartering of soldiers in their homes during times of peace.
D) citizens against search and seizure without probable cause.

Question 48

The Third Amendment protects

A) free exercise of religion and freedom to peacefully assemble.
B) the right to bear arms.
C) citizens from the quartering of soldiers in their homes during times of peace.
D) citizens against search and seizure without probable cause.

Question 49

The Fourth Amendment protects

A) free exercise of religion and freedom to peacefully assemble.
B) the right to bear arms.
C) citizens from the quartering of soldiers in their homes during times of peace.
D) citizens against search and seizure without probable cause.

Question 50

The _______ Amendment protects freedom of speech and freedom of the press.

A) First
B) Second
C) Third
D) Fourth

Question 51

The _______ Amendment guarantees no second trial for the same offense.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 52

The _______ Amendment protects a defendant's right to a speedy, public trial.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 53

The _______ Amendment protects the right to a trial by jury and the right to be informed of all charges.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 54

The _______ Amendment protects a defendant's right to have a trial by jury in civil suits.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 55

The _______ Amendment protects against trial for major crimes without a grand jury indictment.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 56

The _______ Amendment protects the right to counsel for criminal defendants.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 57

The _______ Amendment protects against the denial of life, liberty, or property without due process of law.

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 58

The _______ Amendment grants to the states any powers that are not reserved for the federal government or prohibited to the states.

A) Seventh
B) Eighth
C) Ninth
D) Tenth

Question 59

The _______ Amendment guarantees that the people retain rights that are not written in the Constitution.

A) Seventh
B) Eighth
C) Ninth
D) Tenth

Question 60

What right has been incorporated by the Ninth Amendment?

A) Right to speedy trial
B) Right to privacy
C) Right to bear arms
D) Right to assemble peacefully

Question 61

To examine and investigate a home or business, law enforcement must have a legal document called a(n)

A) search warrant.
B) eminent domain.
C) investigation warrant.
D) civil warrant.

Question 62

Probable cause is required for a judge or magistrate to

A) write a law.
B) submit an executive order.
C) issue a search warrant.
D) present law-based guidelines to a jury.

Question 63

The _______ rule mandates that any evidence gathered in violation of the Fourth Amendment may not be used in court against a defendant unless it was gathered in good faith.

A) exclusionary
B) due process
C) equal protection
D) investigation

Question 64

Is it legal for the government to engage in telephone and electronic wiretapping without a warrant?

A) No, this violates the Third Amendment.
B) No, this violates the Fourth Amendment.
C) Yes, wiretapping is interpreted as being covered by search and seizure protections.
D) Yes, a ruling requiring a warrant was overturned on appeal.

Question 65

Why is racial profiling, when law enforcement chooses to stop and search vehicles and individuals, problematic?

A) It represents an arbitrary, unequal application of the Second Amendment.
B) It represents an arbitrary, unequal application of the Fourth Amendment.
C) It represents an arbitrary, unequal application of the Sixth Amendment.
D) It represents an arbitrary, unequal application of the Eighth Amendment.

Question 66

Which of the following does not represent an unequal application of the Fourth Amendment?

A) Increased security scrutiny for Middle Easterners in airports
B) Higher proportions of Blacks stopped to have their vehicles searched
C) The seizure of property of Japanese Americans during World War II
D) American Indians not being allowed to use peyote in religious ceremonies although Catholics are allowed to use sacramental wine

Question 67

If a defendant were to say "I plead the Fifth," it is understood that he or she is

A) lawfully choosing not to provide evidence that might be used against him or her.
B) unlawfully choosing not to provide evidence that might be used against him or her.
C) refusing to provide any testimony in court.
D) choosing to have a trial by jury.

Question 68

A law enforcement technique that singles out suspects on the basis of their race or ethnicity is called

A) probable cause.
B) search and seizure.
C) racial profiling.
D) Miranda rights.

Question 69

Which of the following are included in the Miranda rights?

A) Right to remain silent
B) Right to know that anything that is said can be used in court
C) Right to an attorney
D) All of the above

Question 70

When was the Sixth Amendment's right to counsel for those unable to afford it incorporated as a requirement for state judicial systems?

A) 1890s
B) 1920s
C) 1960s
D) 1980s

Question 71

Despite the requirement to provide counsel for poor defendants, what is the basis for inequities in legal representation?

A) Public defenders are not always appointed for those who cannot afford counsel.
B) Public defenders have insufficient time and resources.
C) Public defenders must also aid the prosecution.
D) Public defenders do not have to be fully trained law professionals.

Question 72

The right of each side in a legal case to discard a set number of potential jurors without providing a reason is referred to as

A) no-cause challenges.
B) Miranda challenges.
C) jury challenges.
D) peremptory challenges.

Question 73

Which of the following is not true of the Eighth Amendment?

A) Courts cannot order excessive bail and fines.
B) Prisons cannot inflict cruel and negligent treatment.
C) Drug offenses cannot carry longer sentences than murder offenses.
D) None of the above

Question 74

Which of the following is accurate?

A) States with low populations of Blacks have the highest Black incarceration rates.
B) African American and Latino incarceration rates are higher than White incarceration rates.
C) African American defendants have been more likely to receive the death penalty than White defendants.
D) All of the above

Question 75

The right to privacy

A) is not directly mentioned in the Constitution.
B) is understood as a fundamental right in the American political system.
C) Both of the above
D) None of the above

Question 76

What is personal autonomy?

A) The ability of the court to automatically make decisions concerning one's personal life
B) The ability of individuals to control significant life decisions without government interference
C) The ability of a person to pass his or her life savings along to a close relative
D) The ability of the government to infringe on personal decision making

Question 77

Are laws banning consensual sexual activity between adults constitutional?

A) Yes, it is in the moral public interest to ban this activity.
B) Yes, the Supreme Court ruled that these types of bans are constitutional.
C) No, the Supreme Court overturned the ruling that said these bans are constitutional.
D) No, these laws violate the Seventh Amendment.

Question 78

Which of the following is not related to the right to privacy?

A) Griswold v. Hardwick (1965)
B) Roe v. Wade (1973)
C) Lawrence v. Texas (2003)
D) Fisher v. University of Texas (2013)

Question 79

Abortion rights are protected by

A) freedom of speech.
B) freedom of religion.
C) the right to privacy.
D) freedom of the press.

Question 80

In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the Supreme Court overturned which requirement for women seeking an abortion in Pennsylvania?

A) That a married woman must notify her husband
B) That minors must obtain parental consent
C) That women seeking an abortion must wait 24 hours
D) All of the above