Deck 4: Civil Liberties

Question 1

In which of the following cases did the Supreme Court apply free speech protection against state action?​

A) ​Gitlow v. New York (1925)
B) ​Cantwell v. Connecticut (1940)
C) ​Mapp v. Ohio (1961)
D) ​Gideon v. Wainwright (1963)
E) ​Benton v. Maryland (1969)

Answer 1

A

Question 2

How does the term civil liberties differ from the term civil rights?

A) Lawsuits may be filed when violations of civil liberties occur, but they may not be filed for violations of civil rights.
B) Civil liberties are voluntary whereas civil rights are mandatory.
C) In most cases, the terms mean the same thing.
D) Civil liberties protect against government limiting our rights, whereas civil rights protect equal treatment under the law.
E) The term civil liberties was used prior to the twentieth century, whereas the term civil rights was used afterward.

Answer 2

D

Question 3

The Supreme Court has used which of the following constitutional provisions to apply rights in the Bill of Rights to protect against state action?

A) Article I, Sec. 8
B) Article III
C) the Tenth Amendment
D) the Fourteenth Amendment's Due Process Clause
E) the Fifth Amendment's Due Process Clause

Answer 3

D

Question 4

Federalist No.14 states that _______________________.

A) the federal government has "jurisdiction limited to certain enumerated objects"
B) individual rights are only "the fruits, rather than the roots, of the Constitutional tree"
C) when a government created by the "consent of the governed" fails to protect basic rights, the people have the right to "alter or abolish such government"
D) all people possess "inalienable rights"
E) that the bill or rights of state governments already protected citizens against government encroachment

Question 5

In which of the following cases did the Supreme Court confirm that the Bill of Rights applied only to the federal government?

A) Barron v. Baltimore
B) Gitlow v. New York
C) Palko v. Connecticut
D) Everson v. Board of Education
E) All of these choices are correct.

Question 6

"Natural rights" ______________________.

A) cannot be denied by a government
B) exist even in the absence of government
C) are "inalienable"
D) are "inalienable," exist even in the absence of government, and cannot be denied by a government
E) None of these choices is correct.

Question 7

In the twentieth century, the Supreme Court became increasingly more willing to protect individuals against intrusive state actions. What instrument gave the Supreme Court this authority?

A) the Civil Rights Act of 1871
B) the Alien and Sedition Acts
C) the First Amendment, which guaranteed freedom of speech
D) the Fourteenth Amendment, which guaranteed due process of law by the states
E) the free exercise clause

Question 8

In writing the Declaration of Independence, Thomas Jefferson stated that human beings are endowed with certain "inalienable rights." What did he mean by this statement?

A) The rights cannot be extended to noncitizens.
B) Any person who is in the country illegally is ineligible for legal protection.
C) The government "endows" certain rights so it can also deny them.
D) These are rights that cannot be denied by the government.
E) Only the state governments can guarantee rights to citizens.

Question 9

In the United Stated, the term liberties normally refers to _____________.

A) rights and privileges extended to veterans
B) rights received from a higher authority
C) natural rights
D) due process
E) rights extended only during times of peace

Question 10

Most of the first eight amendments are currently applicable to state, local, and federal governments equally. Which of the following provisions of the Bill of Rights originally provided protection solely against the federal government?

A) The Third Amendment safeguards against the involuntary quartering of troops.
B) The Fifth Amendment guarantees the requirement that defendants be indicted by a grand jury.
C) The Seventh Amendment guarantees the right to a trial by jury in civil cases.
D) The Eighth Amendment safeguards against excessive bail, fines, cruel and unusual punishment.
E) All of these choices are correct.

Question 11

_______________The Declaration of Independence states that when a government created by "the consent of the governed" fails to protect their rights, the people have the right to

A) hold the president and Congress criminally liable
B) file a lawsuit in the federal courts
C) turn to the state governments for relief
D) alter or abolish such government
E) file actions in state courts against the federal government

Question 12

Which of the following rights was incorporated most recently?​

A) ​First Amendment freedom of speech
B) ​First Amendment freedom of religion
C) ​Second Amendment right to bear arms
D) Fourth Amendment protection against unreasonable searches and seizures
E) ​Fifth Amendment protection against double jeopardy

Question 13

"Positive rights" _________________.

A) cannot be denied by a government
B) exist even in the absence of government
C) are "inalienable"
D) are granted by and subject to government authority
E) are based on the natural laws of human society

Question 14

As explained in Federalist 14, why did Madison believe an enumeration of a Bill of Rights was not necessary in the Constitution?​

A) ​Individual liberties should not be protected from government action.
B) ​The federal government should not be limited in its actions.
C) ​People did not possess liberties.
D) ​Government was limited to enumerated powers and therefore had no power to infringe on liberties.
E) ​The Constitution left all power to the states.

Question 15

What are "civil liberties"?

A) They are freedoms that can only be limited during times of war.
B) They are rights that are extended by state governments at the expense of the federal government.
C) They are rights held by law enforcement officers for purposes of maintaining the peace.
D) They are individual rights that are guaranteed by the Constitution.
E) They are laws that enforce civility between citizens.

Question 16

The section of the U.S. Constitution commonly referred to as the Bill of Rights consists of ________________.

A) the powers of the president to curtail individual rights
B) the first 10 amendments to the Constitution, added in 1791
C) Article III, which sets up the judicial branch
D) voluntary measures to ensure domestic tranquility
E) police powers that are designed to control citizen uprisings

Question 17

The Ninth and Tenth Amendments __________________.

A) guarantee specific rights
B) protect individuals from limitations on the right to bear arms
C) describe prohibit excessive bail
D) convey divisions of power between state and federal governments
E) prohibit quartering of troops among the civilian population

Question 18

The Fourteenth Amendment is a broadly worded and widely utilized law. Its original intent, however, was to ______.

A) protect freed slaves from discriminatory state laws
B) ensure that the needs of the state governments were protected
C) protect President Lincoln from impeachment during a time of war
D) give citizens powerful rights against the government
E) protect the government from overly aggressive citizens

Question 19

The Supreme Court has held state governments accountable to protections in the Bill of Rights, by a process referred to as ______________.

A) incorporation
B) limited liability
C) double indemnity
D) eminent domain
E) legitimation

Question 20

Which rights are based on human society and exist even in the absence of formal government?

A) natural rights
B) citizenship rights
C) civil liberties
D) civil rights
E) legal jurisdiction

Question 21

Which of the following best describes the "accommodationist" position on church-state matters?​

A) ​Government should hold a position of neutrality toward religion.
B) ​Government may provide funding for religious programs as long as it does so equally to all religions.
C) ​Government may aid religion so long as it does so fairly across different religions.
D) ​All of these choices are correct.
E) None of these choices is correct.

Question 22

As a compromise to the prayer in schools ban, many districts instituted "moments of silence." The 1985 Supreme Court case of Wallace v. Jaffree addressed this issue. What was the Court's ruling?

A) The Establishment Clause does not apply to public school policies.
B) Moments of silence are an acceptable way to reintroduce prayer in school.
C) The policy in question was unconstitutional because it encouraged religious prayer.
D) The Court skirted the issue and left the matter to the discretion of each state's courts.
E) Moments of silence are acceptable if led by a student rather than a school official.

Question 23

In the debate over the relationship between church and state, those who believe there should be a sharp and impenetrable wall between religion and government are referred to as​ ______________.

A) ​strict separationists
B) ​accommodationists
C) ​nonpreferentialists
D) ​textualists
E) ​originalists

Question 24

In a series of well-publicized Supreme Court rulings in 2005, Kentucky was required to remove the Ten Commandments posted in some of its county courtrooms. However, Texas was allowed to keep a monument on the state capitol grounds that had the Ten Commandments listed. How did the Supreme Court rationalize the Kentucky circumstance as unconstitutional, but not the Texas case?

A) Texas was a sovereign nation prior to becoming a state and was allowed to retain some of its religious sovereignty.
B) Kentucky did not have the level of adequate legal representation during the proceedings as did Texas.
C) The Texas case used a newer, more modern interpretation of the Ten Commandments that was considered less controversial by the Supreme Court.
D) The Kentucky case involved religious displays inside of public courtrooms that are involuntarily visible to anyone, whereas the Texas case involved a monument with a historical context that is located on the grounds of the capitol building.
E) The Supreme Court showed its bias toward western states.

Question 25

Reynolds v. United States held _________________________.

A) statutes compelling high school attendance violated the free exercise clause
B) religious practices that impair the public interest do not receive constitutional protection
C) drug use that violated the criminal code could be a valid basis to deny unemployment benefits
D) that the Supreme Court and not Congress determines whether a religious exemption is valid
E) that government must show a compelling reason for limiting the free exercise of religion

Question 26

The First Amendment right to free speech or free expression is a revered and fundamental right in the American political system. Which of the following is not one of the often-cited justifications for protecting free speech?

A) Most other societies allow free speech, so to disallow it in the United States would create undue tensions among citizens.
B) Free speech creates a "marketplace of ideas."
C) Self-governance is dependent upon free speech.
D) Free speech can lead to self-fulfillment.
E) Free speech is a "safety valve" that balances the need for order with reform.

Question 27

What is the purpose of the establishment clause of the First Amendment?

A) It requires Congress to establish a national religion to be used as a foundation for other religious efforts.
B) It prohibits the display of any religious symbols, gestures, or thoughts at any level of government.
C) It prohibits the government from establishing an official religion for the country.
D) It establishes Christianity as the national religion, in keeping with the beliefs of the founding fathers.
E) It ensures that any and all religious beliefs have equal and full support of the federal government.

Question 28

In which of the following cases did the Supreme Court rule as unconstitutional a public school policy of having each class recite a prayer at the beginning of each school day?​

A) ​Gitlow v. New York (1925)
B) ​Cantwell v. Connecticut (1940)
C) ​Engel v. Vitale (1962)
D) ​Brown v. Board of Education (1954)
E) ​McDonald v. Chicago (2010)

Question 29

The issue of prayers at school graduations and ball games has also been addressed by the Supreme Court as recently as 2000 in Santa Fe v. Doe. What is the stance of the Court in regard to prayers at such events?

A) Prayers at school football games and graduation ceremonies do not violate the Constitution's protections.
B) The prayers are allowed because these events are attended by more adults than minors.
C) The Court failed to rule on the specific issue of prayer but discouraged it because of the public nature of the event.
D) The prayer was ruled unconstitutional because some were required to attend and it appeared to be an endorsement of religion.
E) The prayers are unconstitutional because not all religions have equal time allotted to offer their prayers.

Question 30

Sherbert v. Verner held that ___________________.

A) those who disagreed with the federal government were free to withhold displays of public support
B) children of Jehovah's Witnesses could claim religious objections to the Pledge of Allegiance
C) a state must show a "compelling state interest" for limiting an individual's free exercise of religion
D) those who disagreed with the federal government were free to withhold displays of public support, children of Jehovah's Witnesses could claim religious objections to the Pledge of Allegiance, and a state must show a "compelling state interest" for limiting an individual's free exercise of religion
E) None of these choices.

Question 31

The actual rights guaranteeing religious freedom ________________.

A) were intended to provide a limited barrier against the influence of Protestantism
B) were described by Thomas Jefferson as creating a "wall of separation" between church and state
C) did not become widespread until the latter half of the twentieth century
D) were intended to provide a limited barrier against the influence of Protestantism, were described by Thomas Jefferson as creating a "wall of separation" between church and state, and did not become widespread until the latter half of the twentieth century
E) None of these choices is correct.

Question 32

Which of the following is not an example of an opinion in which the Supreme Court ruled in favor of religious groups using the First Amendment's free exercise clause?

A) It ruled that the state of Wisconsin cannot require Amish children to attend school beyond the eighth grade.
B) It required the state of South Carolina to pay unemployment benefits to a Seventh Day Adventist who refused to work on Saturdays.
C) It refused to recognize a claim by a Mormon in 1878 of his right to practice polygamy.
D) It ordered school officials to reinstate Jehovah's Witnesses who had been suspended for refusing to salute the American flag.
E) It refused to recognize the right of two Oregon Native Americans to ingest the drug peyote as part of a religious ritual after the two had been fired from their jobs as drug rehabilitators.

Question 33

The "compelling state interest" test is a standard that _______________.

A) is determined by the Court
B) requires government to show a program would be significantly undermined by providing religious exemptions
C) the Court established in the case, Sherbert v. Verner
D) was replaced in 1990 by the Smith case
E) All of these choices are correct.

Question 34

Who makes the determination that a particular action or law is in violation of the free exercise clause of the First Amendment?

A) the president
B) Congress
C) State legislatures
D) the U.S. Supreme Court
E) the voters

Question 35

Americans often hear the metaphor of a "wall of separation between church and state" when referring to the First Amendment's right to freedom of religion. This metaphor is most attributed to which of the following?

A) in the 1960s, by the Supreme Court when it became increasingly liberal and turned on "the church"
B) in the second half of the twentieth century, when atheists began to influence Congress
C) during the Civil War, when religious groups demanded protection from government abuses
D) in 1802 by President Thomas Jefferson, based in part on his fear of a national and official church
E) several thousand years ago, as a biblically based standard

Question 36

The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon test in determining the appropriate level of separation of church and state. Which of the following is not a standard or condition of the Lemon test?

A) The statute must have a secular purpose.
B) The statute's principal effect must be one that neither advances nor inhibits religion.
C) The statute must not foster excessive entanglement with religion.
D) The role of state governments does not apply under the Lemon test; therefore, states may authorize religious cooperation.
E) The role of the government is to ensure that it takes a neutral stance regarding religion, so it does not prohibit it but also does not advocate for it.

Question 37

In several landmark cases in 1962, 1963, and 1985, the Supreme Court addressed the issue of prayer in public school classrooms. What is and has been the opinion of the Supreme Court in this matter?

A) Each school district must look to its community standards concerning religion and follow the majority of public opinion.
B) Community religious leaders have a limited right to advise school officials on religious activities and teachings in the public schools.
C) Public schools may not compose and lead students in prayer as part of an official school program.
D) Elementary schools may not advocate or require participation in prayer or bible study, but high schools are exempted because of the maturity level of the students.
E) Though such prayer was once disallowed, the conservative sweep of the Supreme Court after the 2004 presidential elections has led to its overturning the ban on school prayer.

Question 38

The idea that the best test for truth is to present all arguments, valid and invalid, is an example of ______________.

A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

Question 39

Which of the following is currently true regarding the First Amendment free exercise clause?

A) It does not currently apply to state actions
B) The current precedent used by the Court is the "compelling state interest" test
C) The Supreme Court has always ruled in favor of those whose liberties have been limited by government
D) While states may accommodate religious exemptions, they are not constitutionally required to do so
E) It has been repealed by a subsequent constitutional amendment

Question 40

In 1990, the U.S. Supreme Court ruling in Employment Division v. Smith established what important precedent concerning freedom of religion?

A) The ruling strongly encouraged active religious practice in the United States but was later overturned by legislation.
B) The Supreme Court intended to force religious inclusion into the workforce.
C) The Supreme Court attempted to create a constitutional amendment that would further strengthen the First Amendment.
D) The ruling gave social conservatives an inroad with which to file more lawsuits against the government.
E) The ruling required state governments only to establish a "legitimate state interest" in restricting religious freedoms.

Question 41

In the 1940s and 1950s, members of the Communist party were convicted for their advocacy of _______, or the overthrow of an existing system of government.

A) passive resistance
B) anarchy
C) internment
D) terrorism
E) sedition

Question 42

In various opinions over several decades the Supreme Court has protected what it refers to as "symbolic speech." Which of the following is not an example of symbolic speech?

A) publicly desecrating or burning the American flag
B) burning a draft card during a time of war
C) wearing black armbands in school or work as a sign of political protest
D) invoking symbols or actions that target a particular person or group with the intent of causing harm
E) flying the American flag upside down

Question 43

The Second Amendment concerns American citizens' "right to bear arms," yet this amendment has long been a source of heated debate, confusion, and litigation. What was the Court's decision in the 2008 case, District of Columbia v. Heller?

A) The Supreme Court refused to rule on the Second Amendment issue in the case.
B) The Supreme Court determined the D.C. regulation as fair and constitutional.
C) The Supreme Court ruled that D.C. could not ban all forms of handgun possession in the home for purposes of self-defense.
D) The Supreme Court held that individuals could not own more than one handgun for purposes of immediate self-protection.
E) The Supreme Court's ruled that the provision of the Second Amendment guaranteeing the right to bear arms was only in the context of a militia and therefore individuals did not have a Constitutional protection to bear arms.

Question 44

In which of the following cases did the Supreme Court incorporate the Second Amendment Right to Bear Arms?​

A) ​District of Columbia v. Heller (2008)
B) Texas v. Johnson (1989)​
C) ​Reno v. ACLU (1997)
D) ​Miller v. California (1973)
E) ​McDonald v. Chicago (2010)

Question 45

Based on the new standard for free speech created by the Court in Brandenburg v. Ohio (1969)​, _____________.

A) ​few of those convicted in the previous half-century for seditious speech could have been convicted under the new standard
B) ​government must show that the speech is directed at inciting a lawless action
C) ​government must show that there is an imminent threat that the speech will result in an illegal act
D) government must show that ​the speech is likely to result in producing a lawless action
E) All of these choices are correct.

Question 46

Which of the following is (are) the criterion (criteria) for determining whether the regulation of symbolic speech is justified?

A) The government interest must be valid and important.
B) The interest must be unrelated to the suppression of free speech.
C) The restriction should be no greater than is essential to the furtherance of that interest.
D) The government interest must be valid and important, the interest must be unrelated to the suppression of free speech, and the restriction should be no greater than is essential to the furtherance of that interest.
E) None of these choices is correct.

Question 47

In Brandenburg v. Ohio (1969), the Supreme Court replaced the "clea​r and present danger" test with the _________ test.

A) ​imminent danger
B) ​grave and probable
C) ​reasonableness
D) ​bad tendency
E) ​lemon

Question 48

The idea that the suppression of free speech forces citizens to adopt more extreme means of enacting change and that promotion of free speech provides an essential mechanism for balancing the need for order with advocacy of reform is an example of __________________.

A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

Question 49

According to the Supreme Court's Miller v. California (1973) ruling, a work is considered obscene if which of the following criteria is met?​

A) ​The average person, applying contemporary standards, thinks the work is "prurient."
B) ​The work depicts sexual conduct in a patently offensive way.
C) ​The work taken as a whole lacks a "serious literary, artistic, political, or scientific value."
D) ​All of these choices are correct.
E) ​None of these choices is correct.

Question 50

Historically, what has been the effect on civil liberties in the United States during times of war?

A) The U.S. Constitution calls for martial law and suspends the Bill of Rights.
B) All civil protections are eliminated for any aliens or noncitizens.
C) Free speech liberties have been reduced during times of war.
D) There is no difference between times of war and peace regarding the granting of civil liberties.
E) The Supreme Court has not decided any free speech cases during times of war.

Question 51

With its ruling in Reno v. ACLU in 1997, the Supreme Court invalidated a federal law passed to protect minors from "indecent" and "patently offensive" communications via the Internet. What was the Court's rationale in its invalidation of the federal law?

A) The Internet is impossible to police.
B) To restrict Internet speech in the United States would also restrict it in other countries.
C) In denying minors access to potentially harmful speech, the law suppressed a large amount of speech that adults have a constitutional right to receive.
D) The Internet is no standard group or vehicle by which to define "decency," much less to enforce the standard.
E) Control of Internet speech is a role for the state governments, not the federal government.

Question 52

In 1919, the Supreme Court issued its ruling in the case of Schenck v. United States. Charles Schenck, a leader of the American Socialist Party, was jailed for distributing antidraft leaflets during time of massive military buildup in the early months of American involvement in World War I. The Supreme Court rejected Schenck's request for release and in doing so established what precedent as a test of free speech?

A) During war, a citizen is forbidden to criticize the government's actions.
B) Speech may be restricted when a "clear and present danger" exists that the words will have a broad negative effect on the citizenry.
C) During times of war, the president's administration approves all exceptions to free speech.
D) The issue of restricting free speech is a state issue and is therefore out of the jurisdiction of the Supreme Court.
E) When state court rulings and the Supreme Court rulings are in conflict, the state ruling will become law as states are closer to the people.

Question 53

The Fourth Amendment has had a very strong impact on the American legal system and has been a source of many Supreme Court rulings. The Fourth Amendment deals with __________________.

A) the right to bear arms
B) the right to peaceably assemble and to petition the government for a redress of grievances
C) the right of the people to be secure against unreasonable searches and seizures
D) the powers of the state governments in relation to the federal government
E) the right to an attorney

Question 54

The First Amendment also guarantees freedom of the press. The press is considered speech but it does have some limitations. One such exception of speech or press that is restricted is in the case of libel, which is defined as _______.

A) the crime of printing or disseminating false statements that harm someone
B) the unethical action of making light of someone in the presence of others
C) the crime of lying in a public document
D) any behavior that offends or creates an uncomfortable relationship
E) the crime of inundating readers with false information

Question 55

In Miller v. California (1973), the Supreme Court created the modern set of criteria for determining what sexually explicitly materials may be legitimately subject to regulation. One of the criteria has become known as the ______ test.

A) SLAPS
B) Katz
C) Lemon
D) First Amendment
E) None of these choices is correct.

Question 56

Criminal laws that are retroactively applied to those who engaged in activities when they were not yet illegal are called _____________.

A) backdoor laws
B) fascist laws
C) civil subpoenas
D) bill of attainder
E) ex post facto laws

Question 57

The idea that speech provides the mechanism whereby citizens deliberate on important issues of public policy, and check the abuse of power by public officials, is an example of ________________.

A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

Question 58

The idea that free speech and expression is a means of achieving individual rights is an example of which theory justifying the high level of protection given to free expression?

A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

Question 59

An act of the legislature directly punishing a person or group, is referred to as a​ ________________.

A) ​ex post facto law
B) ​bill of attainder
C) ​grant of habeas corpus
D) ​writ of certiorari
E) ​precedent

Question 60

In very limited cases, the courts may impose a limit on publication before certain material has actually been published. This order of not to publish is called ______________.

A) judicial censorship
B) cease and desist
C) prior restraint
D) judicial discretion
E) libel diversion

Question 61

Trace the history of free speech rights in the twentieth century, from the clear and present danger doctrine of the early twentieth century (and it application), to the "imminent danger" test in 1969. How have the Court's ruling on symbolic speech protections (beginning in the 1960's) followed this trend and what has been the impact on overall speech protections?

Question 62

In Griswold v. Connecticut the United States Supreme Court advanced the idea that the Fourteenth Amendment and portions of the Bill of Rights created a "zone of privacy." Compare and contrast Griswold's holding with the concept of "reasonable expectation of privacy" forming the basis of the decisions in Katz v. United States and California v. Ciraolo.

Question 63

The First Amendment contains both the establishment clause and the free exercise clause. Explain the difference between the two clauses. Discuss how the Supreme Court has interpreted these clauses and how these decisions have affected the "wall of separation" between church and state.

Question 64

Griswold v. Connecticut held __________________________.

A) that women have a constitutional right to an abortion under certain circumstances
B) any jury that imposes capital punishment must have the chance to consider mitigating circumstances that might generate sympathy for the defendant
C) that several provisions of the Bill of Rights in conjunction with the Fourteenth Amendment create a "zone of privacy"
D) that the defendant's lawyers must be given a chance to argue against imposition of the death penalty without having to prove the defendant not guilty
E) a jury cannot impose the death penalty at the same time it finds the defendant guilty

Question 65

The United States Supreme Court has decided a number of cases concerning the actual conduct of criminal trials, establishing the defendant's rights to an impartial jury, to confront witnesses, to compulsory service to obtain witnesses, to a speedy trial, and to a public trial. Explain the importance of each of these rights to a fair trial for a criminal defendant.

Question 66

The Sixth Amendment guarantees ____________________________.

A) "A well regulated militia, being necessary to the security of a free State; the right of the people to keep and bear Arms shall not be infringed."
B) "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause."
C) "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself."
D) "In all criminal prosecutions, the accused shall . . . have the assistance of Counsel for his defense."
E) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Question 67

The Fifth Amendment also protects the accused from being tried twice for the same crime. To do so would constitute what the Constitution refers to as ___________________.

A) illegal subpoena
B) judicial unrestraint
C) judicial exclusion
D) double jeopardy
E) indictment

Question 68

Until the twentieth century, the Bill of Rights in the U.S. Constitution was applied only to the federal government and not to the states. Describe how the Supreme Court used the Fourteenth Amendment to advance and apply the Bill of Rights more broadly and uniformly. What has been the impact of the Court's actions during the twentieth century with regard to civil liberties?

Question 69

​Which of the following is not found in the Fifth Amendment?

A) ​protection against double jeopardy
B) ​right to grand jury
C) ​self-incrimination clause
D) ​protection against cruel and unusual punishment
E) ​All of these are included in the Fifth Amendment

Question 70

In which of the following cases did the Supreme Court incorporate the Fourth Amendment?​

A) ​Katz v. United States
B) ​Mapp v. Ohio
C) ​Gitlow v. New York
D) ​McDonald v. Chicago
E) ​Texas v. Johnson

Question 71

The Supreme Court has clearly refused to halt the use of the death penalty in the United States. However, through various opinions the Court has made a number of exceptions to its finding that the death penalty is not unconstitutional. List and discuss some of these exceptions.

Question 72

The legal rule requiring that all evidence illegally obtained by police in violation of the Bill of Rights must be excluded from admission in a court of law, is called the _________________.

A) good faith exception
B) Katz test
C) exclusionary rule
D) ex post facto law
E) free exercise clause

Question 73

The U.S. Supreme Court's requirement that an individual who is arrested must be read a statement that explains the person's right to remain silent and the right to an attorney is called the ____________________.

A) Miranda warning
B) double jeopardy clause
C) exclusionary rule
D) ex post facto law
E) free exercise clause

Question 74

The debate over civil liberties in the United States often becomes very passionate and heated. The issue of prayer in public school classrooms has raised many such emotions. Discuss the Supreme Court cases regarding prayer in school, a "moment of silence" in school, and prayer at school events or athletic competitions. What has been the common element in each of these cases that the Supreme Court finds constitutionally problematic?

Question 75

Which of the following is not a right guaranteed by the Eighth Amendment?

A) the right to bail that is not excessive
B) freedom from excessive fines
C) freedom from cruel and unusual punishment
D) the right to a jury trial
E) the ability to reasonably obtain release from secure confinement, pending disposition of the criminal charges

Question 76

The legal standard that requires the government to attain a warrant demonstrating "probable cause" for any "search" that violates a person's actual and reasonable expectation of privacy is called the _______________.

A) good faith exception
B) Katz test
C) exclusionary rule
D) ex post facto law
E) free exercise clause

Question 77

What rights are guaranteed in the Ninth Amendment? What well-known social and political issue has been argued for decades, based on the rights provided by this Amendment? Discuss the pros and cons of this issue. Then describe several additional issues that have recently been debated based on the Ninth Amendment.

Question 78

What was the significance of the Supreme Court's rulings in 2008 and 2010 regarding the Second Amendment? Do you agree with their interpretation? Why or why not?

Question 79

Katz v. United States established the protection of _________________.

A) a reasonable expectation of privacy
B) the use of thermal imaging devices to detect the presence of indoor halide lights
C) searches undertaken under the "good faith exception"
D) finding evidence in "plain view" of police where they have a legal right to be
E) a "pat down" of suspicious individuals to search for weapons

Question 80

The right of any woman to have an abortion was first established in the 1973 Supreme Court ruling in Roe v. Wade. The Constitution says nothing about abortion, so it is not an enumerated right. Where in the Constitution did the Supreme Court base its rationale for legalized abortion? What have been some of the most recent challenges to Roe v. Wade? Based on the Supreme Court's rulings, in what ways may states regulate abortion?