1. In many cases, the civil liberties policy in America has done which of the following:
arisen from ignoring the clear intent of the Constitution
2. The first ten amendments to the Constitution were designed to do which of the following:
limit the capacity of government to impose restrictions on those individuals and minorities whose views differ from the majority
3. Which of the following best describes the language of the Bill of Rights:
it seems generally clear and unequivocal but sometimes is ambiguous
4. Where is a unified national citizenship provided for in the Constitution:
by the Fourteenth Amendment
5. When the Supreme Court first began selectively incorporating the Bill of Rights into the due process clause of the Fourteenth Amendment, it viewed criminal rights as a special class of which type of rights:
those for which incorporation did not apply
6. Currently, the most accurate statement about the application of the Bill of Rights to the states is which of the following:
some of the provisions of the Bill of Rights are still not applied to the states
7. The "criminal anarchy" for which Benjamin Gitlow was arrested and convicted was which of the following:
organizing labor strikes
8. An independent press plays an indispensable role in maintaining a representative democracy for which of the following reasons:
without reliable information about the performance of officeholders, citizens would be hard pressed to monitor their agents, and politicians would find it difficult to communicate with their constituents
9. Which of the following is true about the religious freedom provision of the First Amendment:
it prohibits Congress from passing any legislation "repsecting an establishment of religion, or prohibiting the free exercise thereof
10. The Supreme Court has generally interpreted the Fourth Amendment to allow for police searches and seizures of evidence without a warrant under all of the following circumstances except for which of the following:
when using a thermal imaging device to conduct a blanket sweep of neighborhoods to search for basement marijuana fields
11. The constitutional right to privacy is to be found in the Constitution's penumbras, which best defined as:
those rights that are explicitly set forth in the Bill of Rights
12. Which of the following is true about the Supreme Court's 1973 opinion in Roe v. Wade:
it ended abortion's varying legality across the states
13. In Griswold, Roe, and other related cases, the Supreme Court enlisted various constitutional penumbras and the Ninth Amendment to do which of the following:
broadly protect citizens against governmental intrusion into their private lives
14. Which of the following statements is true about theConstitution, as it emerged from the Philadelphia convention in 1787:
it did not seriously address civil liberties
15. The process of "incorporation" by the Supreme Court refers to which of the following:
bringing state laws and practices under Bill of Rights protections by applying the Fourteenth Amendment to the states
16. Although the Antifederalists lost their battle against ratification of the Constitution, which of the following is true:
they salvaged a major political concession, and the Bill of Rights is their chief legacy to future generations of Americans
17. In 1833, in the case of Barron v. Baltimore, the Supreme Court reasoned that the whole thrust of the Bill of Rights was which of the following:
it was directed exclusively at restraining federal power
18. The Fourteenth Amendment includes both the "equal protection clause" and the "due process clause," which mean:
all citizens enjoy the same civil liberties and rights that the states cannot deny without following reasonable, legally established procedures applied equally to everyone
19. The first provision of the Bill of Rights to be incorporated by the Supreme Court into the Fourteenth Amendment's due process clause was which of the following:
the equal protection clause
20. From the 1920s through the 1940s the Supreme Court incorporated into the due process clause of the Fourteenth Amendment the First Amendment freedoms, which include:
the rights of speech, a free press, and religion
21. Incorporation of provisions of the Bill of Rights into the Fourteenth Amendment occurred through which of the following:
judicial interpretation
22. In 1919, Charles Schenk's advocacy of resistance to the draft led to the Supreme Court's creation of which of the following:
the clear and present danger test
23. The Supreme Court has held all of the following to be expression protected by the First Amendment EXCEPTwhich of the following:
obscenity
24. The case of Miller v. California reformulated the standard for obscenity and did which of the following:
it shifted primary authority for obscenity policy back to the states and, implicitly, local governments
25. Which of the following is true about the religious freedom provision of the First Amendment, which prohibits any legislation respecting an establishment of religion or prohibiting the free exercise thereof:
it at first only applied to action by the federal government
26. Despite the Fifth Amendment's ban on self-incrimination, a witness can be compelled to testify against himself under which of the following circumstances:
if granted immunity from prosecution
27. The Supreme Court has held the death penalty to be which of the following:
cruel and unusual as applied but, since 1976, allowed because the defects in state sentencing procedures were remedied
28. The Supreme Court has long read the Second Amendment as guaranteeing collective or group rights of citizens to bear arms in their capacity as soldiers in state militias, however, in District of Columbia v. Heller (2008), the Court adopted which of the
the individual right interpretation
29. The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called
selective incorporation.
30. The right to a civil jury trial as well as the right not to be levied with excessive fines or bail
have not been incorporated through the Bill of Rights as applicable to the states.
31. Which of the following provisions of the Bill of Rights has not been incorporated?
Civil jury trial
32. Religious rights, including the right to exercise religion freely and the protection against the establishment of an official religion, are protected by the ________ Amendment.
First
33. The establishment clause has been said to
erect a wall of separation between church and state.
34. The Supreme Court uses the ________ test in dealing with religious establishment cases.
Lemon test
35. Where secular law conflicts with religious beliefs, freedom of religion is
suppressed.
36. The judicial doctrine that government cannot prohibit speech or publication before the fact is called
prior restraint.
37. World War I brought with it restrictions of freedoms such as ________ that in times of war probably would not be considered constitutional.
prohibiting distribution of anti-war leaflets
38. In The New York Times v. United States (1971), the Supreme Court ruled that
false or negligent speech was not protected by the First Amendment.
39. The Supreme Court first ruled that symbolic speech was protected by the First Amendment in
Stromberg v. California (1931).
40. Public officials cannot sue for libel unless
they can prove that actual malice was involved.
41. In ________ the Supreme Court ruled that material can only be considered obscene if it is utterly without redeeming social importance.
Roth v. U.S. (1957)
42. The Second Amendment was added to the Constitution to
make it impossible for Congress to disarm state militias.
43. Warrantless searches are
constitutional only under certain circumstances.
44. Under the ________ Amendment, the police may search things in plain view, the person arrested, and things under the arrestee's immediate control.
Fourth
45. In 1966, the Supreme Court ruled that individuals arrested must be informed of their constitutional rights in
Miranda v. Arizona.
46. The standard that illegally seized evidence cannot not be used at trial is known as the
exclusionary rule.
47. Gideon v. Wainwright (1963) involved the issue of
right to counsel.
48. The Supreme Court ruled that lawyers in criminal cases are necessities, not luxuries, in
Gideon v. Wainwright (1963).
49. The right to a speedy and public trial by an impartial jury is guaranteed by the ________ Amendment.
Sixth
50. Lawyers may reject potential jurors for any reason EXCEPT
their race or sex.
51. The Eighth Amendment prohibits
cruel and unusual punishment.
52. In 1976, the Supreme Court ruled that a death penalty statute was constitutional because new laws had been passed to ensure that sentencing was not arbitrary. This was the case of
Gregg v. Georgia.
53. The right to privacy stems from the idea that some areas of life are off-limits to governmental regulation. This right is inferred from
several amendments, including the First, Third, Fourth, Fifth, Ninth, and Fourteenth.
54. Griswold v. Connecticut (1965) involved the issue of
the availability of over-the-counter methods of birth control.
55. During the 1970s, the Supreme Court found that ________ was protected by the right to privacy implied from guarantees in the Bill of Rights and the Fourteenth Amendment.
a woman's right to terminate a pregnancy under certain conditions
56. The Ninth Amendment has been used as the basis of
the right to an abortion when coupled with other guarantees.
57. In Lawrence v. Texas, the U.S. Supreme Court ruled that
Texas law criminalizing sexual behavior not only was unconstitutional but also violated fundamental privacy rights.
58. In general, physician assisted suicide laws
are opposed by the Bush Administration.
59. According the Bush Administration
Bill of Rights guarantees must be suspended in a time of war.
60. The USA Patriot Act allows
searching medical records.
61. The Fifth Amendment requirement that government provide "just compensation" when private property is to be converted to public use is called the _______________ clause.
takings
62. In Mapp v. Ohio (1961), the Supreme Court extended the ______________ rule to the states, which simply means improperly obtained evidence cannot be admitted at any trial.
Exclusionary
63. ____________ is aimed at protecting suspects from self-incrimination and requires suspects be advised of their constitutional right to remain silent.
Miranda Rule
64. The right against double jeopardy is contained is contained in the _______________ of the Constitution.
Fifth Amendment
65. Laws that forbid the advocacy of violence or other "unlawful" means to change the government are referred to as ________________ laws.
Sedition
66. Trying a person twice for the same crime is barred under__________________.
Fifth Amendmnet
67. The 1947 case of _____________________resulted in the extension of Establishment clause to states.
Everson v Board of Education
68. The 1937 case of DeJonge v Oregon resulted in the decision that
peaceful assambly for lawful discussion can not be made a crime.
69. In ___________________ the Supreme Court ruled that an individual could not challenge Alabama's English only language laws.
Alexander v Sandoval
70. Arizona Illigal Imigration Law has been challanged for violating all of the following constitutional provisions except for
Fifteenth Amendment