Chapter 11 – Civil Liberties Reading Comprehension Quiz Multiple Choice Questions 1. ________ are the constitutionally protected freedoms of all persons against governmental restraint: the freedoms of conscience, religion, and expression. A. Civil rights B. Civil liberties C. Due process rights D. Bill of Rights E. Free exercise rights Answer: B 2. Civil rights are A. the constitutionally protected freedoms of all persons against governmental restraint: the freedoms of conscience, religion, and expression. B. the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws; the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender. C. granted by governments and may be subject to conditions or restrictions. D. protected by the Fifth and Fourteenth Amendments. E. Both B and D are correct. Answer: E 3. According to the Constitution, ex post facto laws cannot A. increase the punishment for a crime after it was committed. B. reduce the proof necessary to convict for a crime after it was committed. C. decrease the punishment for a particular crime. D. be applied to civil laws. E. All of these are true of ex post facto laws. Answer: E 4. The preferred-position doctrine—which holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do—is an interpretation of what amendment? A. Second B. Third C. Fourth D. Fifth E. First Answer: E 5. Libel, obscenity, fighting words, and commercial speech are examples of ____________ A. prior restraint. B. the bad-tendency test. C. the clear-and-present-danger test. D. nonprotected speech. E. the preferred-position doctrine. Answer: D 6. To be subject to sanctions, fighting words must A. create anger, alarm, or resentment. B. be based on race, ethnicity, or religion. C. incite acts of violence. D. be based on gender. E. Both B and D are correct. Answer: C 7. The U.S. Constitution gives national and state governments the power to take private property from the public, but it requires them to provide just compensation for property so taken. What are we referring to? A. Eminent domain B. Regulatory taking C. Property rights D. Land rights E. Domain limitations Answer: A 8. ___________ mainly limits the executive and judicial branches because they apply the law and review its application. A. Procedural due process B. Due process C. Substantive due process D. Miranda rights E. International due process Answer: A 9. The Roe v. Wade ruling dealt with the issue of A. religious belief. B. abortion rights. C. press rights. D. speech rights. E. peaceful assembly rights. Answer: B 10. In the decision concerning Griswold v. Connecticut (1965), the Supreme Court relied on A. principles relating to procedural due process. B. the right to privacy as implied in the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments. C. specific references to the right to life as implied in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. D. the moral suasion of the general public. E. the protection of the free exercise of religion under the First Amendment. Answer: B 11. In ______________,the Supreme Court struck down an initiative amending the Colorado constitution that prohibited state and local governments from protecting homosexuals from discrimination. A. Bowers v. Hardwick B. Gitlow v. New York C. Miller v. California D. Romer v. Evans E. Griswold v. Connecticut Answer: D 12. To obtain a valid search warrant, the police must indicate under oath that they have what to justify it? A. Reasonable cause B. Legitimate cause C. Proof D. Probable cause E. Likely cause Answer: D 13. In __________, the Supreme Court adopted a rule excluding from a criminal trial evidence the police obtained unconstitutionally or illegally. A. Terry v. Ohio B. Gitlow v. New York C. Miller v. California D. Mapp v. Ohio E. Griswold v. Connecticut Answer: D 14. Which amendment protects persons from being compelled to testify against themselves in criminal prosecutions? A. Fourteenth B. Fourth C. First D. Third E. Fifth Answer: E 15. The Supreme Court ruled that executing minors was a violation of what amendment? A. Eighth B. Fourth C. Fifth D. Third E. Ninth Answer: A True/False Questions 1. Gitlow v. New York was a revolutionary decision because it protected freedom of speech from violations by state and local governments. Answer: True 2. Ex post facto law refers to producing a prisoner in court and explaining why he or she is being held. Answer: False 3. Civil rights are the constitutional rights afforded to only citizens of the United States. Answer: False 4. The clear-and-present-danger test is a means of interpreting the First Amendment. Answer: True 5. Preferred-position doctrine holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do. Answer: True 6. Fighting words by their very nature inflict injury on those to whom they are addressed, or incite them to acts of violence. Answer: True 7. When the government takes private property for public use, it must provide compensation. Answer: True 8. Due process is a constitutional requirement that governments proceed by proper methods and limit the exercise of their power. Answer: True 9. The right to privacy is found in the First Amendment of the U.S. Constitution. Answer: False 10. A criminal who pleads guilty to an offense that is lesser than the one with which he had been charged is said to have engaged in plea bargaining. Answer: True 11. The Fifth Amendment presents a complex area of the law that includes many possible exceptions to the warrant requirement. Answer: False Chapter Examination Multiple Choice Questions 1. Which Supreme Court justice observed, “The history of liberty has largely been the history of observance of procedural safeguards.” A. Justice Felix Frankfurter B. Justice John Marshall Harlan C. Justice Clarence Thomas D. Justice Antonin Scalia E. Justice Sandra Day O’Connor Answer: A 2. Hamdan v. Rumsfeld underscored the fundamental nature of A. due process. B. ex post facto laws. C. writs of habeas corpus. D. the free exercise clause. E. the establishment clause. Answer: C 3. All of the following are rights listed in the original Constitution EXCEPT A. habeas corpus. B. prohibition of ex post facto laws. C. prohibition of titles of nobility. D. protection against the impairment of contracts. E. protection against defamation of character. Answer: E 4. Civil liberties are A. the constitutionally protected freedoms of all persons against governmental restraint of the freedoms of conscience, religion, and expression. B. the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws; the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender. C. granted by governments and may be subject to conditions or restrictions. D. stated in the Fifth and Fourteenth Amendments. E. Both B and C are correct. Answer: A 5. ___________ are the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws; the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender. A. Civil rights B. Civil liberties C. Due process rights D. Bill of Rights E. Free exercise rights Answer: A 6. In the Fifth Amendment there is a clause limiting the power of the national government. It is called the A. establishment clause. B. free service clause. C. due process clause. D. civil disobedience clause. E. free exercise clause. Answer: C 7. In what landmark case was the U.S. Constitution interpreted to protect freedom of speech from abridgment by state and local governments? A. Lemon v. Kurtzman B. Gitlow v. New York C. Miller v. California D. Roe v. Wade E. Zelman v. Simmons-Harris Answer: B 8. Gitlow v. New York was a revolutionary decision because it protected A. freedom of speech from violations by state and local governments. B. freedom of speech from violations by the national government. C. freedom to bear arms from violations by state and local governments. D. freedom to bear arms from violations by the national government. E. free exercise of religion by all religious denominations. Answer: A 9. The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government is known as A. blanket incorporation. B. retroactive incorporation. C. proactive incorporation. D. selective incorporation. E. prescript incorporation. Answer: D 10. The due process clause, interpreted to mean that the states could not abridge the First Amendment freedoms, is part of the A. Third Amendment B. Eighteenth Amendment C. Fourteenth Amendment D. Ninth Amendment E. Second Amendment Answer: C 11. Rights in the original Constitution include all of the following EXCEPT A. habeas corpus. B. no titles of nobility. C. the right to travel. D. the right to bear arms. E. no religious test oaths as a condition for holding a federal office. Answer: D 12. The Bill of Rights was added to the U.S. Constitution A. as a symbol of America’s English heritage. B. to protect citizens from persecution by their state governments. C. to win friends among enlightened nations abroad. D. to keep the national government from infringing on individual rights. E. All of the above Answer: D 13. Originally, the Bill of Rights was intended to limit the power of ___________________ governments. A. state B. local C. national D. both the state and national E. foreign Answer: C 14. The framers of the Constitution believed that certain individual rights needed to be spelled out in the Constitution. Of particular importance were the rights of the accused. Which of the following represent legal protections the framers thought were important? A. Habeas corpus B. Prohibition of ex post facto laws C. Bills of attainder D. All of the above E. All of the above, except A Answer: D 15. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In what amendment can this phrase be found? A. Fourteenth B. Fourth C. First D. Third E. Fifth Answer: C 16. What clause in the First Amendment states that Congress shall make no law respecting the creation of a state religion? A. Establishment clause B. Free service clause C. Due process clause D. Civil disobedience clause E. Free exercise clause Answer: A 17. What clause in the First Amendment states that no government can compel us to accept any creed or to deny us any right because of what we do or do not believe? A. Establishment clause B. Free service clause C. Due process clause D. Civil disobedience clause E. Free exercise clause Answer: E 18. What is an interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action? A. Prior restraint B. Bad-tendency test C. Clear-and-present-danger test D. Nonprotected speech E. Preferred-position doctrine Answer: B 19. Which of the below holds that the government cannot interfere with speech unless the action that will come of such speech leads to an evil or illegal act? A. Prior restraint B. Bad-tendency test C. Clear-and-present-danger test D. Nonprotected speech E. Preferred-position doctrine Answer: C 20. The clear-and-present-danger test is an interpretation of which Amendment, holding that the government cannot interfere with speech unless the action that will come of such speech leads to an evil or illegal act? A. Second B. Third C. Fourth D. Fifth E. First Answer: E 21. What is an interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do? A. Prior restraint B. Bad-tendency test C. Clear-and-present-danger test D. Nonprotected speech E. Preferred-position doctrine Answer: E 22. What is it called when censorship is imposed before a speech is made or a newspaper is published? A. Prior restraint B. Bad-tendency test C. Clear-and-present-danger test D. Nonprotected speech E. Preferred-position doctrine Answer: A 23. When we speak of laws that apply to all kinds of speech and to all views, not just that which is unpopular or divisive, we are referring to what? A. Prior restraint B. Bad-tendency test C. Clear-and-present-danger test D. Nonprotected speech E. Content or viewpoint neutrality Answer: E 24. Libel is A. spoken defamation of character. B. valid only when it is applied to specific individuals in government. C. subject to tests of truth. D. written defamation of another person. E. generally applied in cases in which private citizens criticize public officials. Answer: D 25. Which Supreme Court Justice said of obscenity, “I know it when I see it”? A. Justice Potter Stewart B. Justice John Marshall Harlan C. Justice Clarence Thomas D. Justice Antonin Scalia E. Justice Sandra Day O’Connor Answer: A 26. In the court case of 44 Liquormart, Inc. v. Rhode Island (1996), the U.S. Supreme Court struck down a law forbidding A. the sale of alcohol to minors. B. the sale of cold six-packs for immediate consumption. C. advertising the price of alcoholic drinks. D. consumption of alcoholic beverages while operating a vehicle. E. the sale of alcohol on Sunday. Answer: C 27. “The quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.” What is this passage referring to? A. Commercial speech B. Fighting words C. Libel D. Free assembly E. Obscenity Answer: E 28. Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence refer to which of the following? A. Commercial speech B. Fighting words C. Libel D. Symbolic speech E. Obscenity Answer: B 29. Which of the following receives less First Amendment protection in order to discourage misinformation? A. Commercial speech B. Fighting words C. Libel D. Free assembly E. Obscenity Answer: A 30. What type of speech are we talking about when we address the quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value? A. Commercial speech B. Fighting words C. Libel D. Free assembly E. Obscenity Answer: E 31. A general definition of obscenity includes all of the following EXCEPT that it A. lacks political or scientific value. B. appeals to prurient interests. C. lacks serious literary or artistic value. D. offends women. E. None of the above Answer: D 32. The Federal Communications Commission (FCC) does all of the following EXCEPT A. grant licenses for limited periods. B. regulate the use of publicly owned airwaves. C. impose fines when indecent language is used on public airways. D. require that programming like the Playboy channel be blocked by operators. E. All of these are done by the FCC. Answer: D 33. The Reno v. ACLU (1997) ruling dealt with First Amendment protection for the A. Internet. B. clergy. C. press. D. right of protest. E. radio. Answer: A 34. Dr. Martin Luther King is most closely associated with A. civil disobedience. B. Internet freedom. C. a crusade against bills of attainder. D. shield laws. E. Both A and D are correct. Answer: A 35. Deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition is an example of A. civil disobedience. B. freedom of expression. C. a crusade against bills of attainder. D. shield laws. E. free choice. Answer: A 36. All of the following are forms of unprotected speech EXCEPT A. libel. B. obscenity. C. symbolic speech. D. commercial speech. E. fighting words. Answer: C 37. The bad-tendency doctrine gives to __________ the power to decide what kinds of speech can be outlawed. A. courts B. the people C. legislatures D. chief executives E. bureaucrats Answer: B 38. Of all forms of government interference with expression, judges are most suspicious of those that A. trespass on First Amendment freedoms. B. limit freedom of speech of any kind. C. impose prior restraints on publication. D. impose a posteriori restraints. E. All of the above Answer: C 39. To be subject to sanctions, fighting words must A. create anger, alarm, or resentment. B. incite acts of violence. C. be based on gender. D. be based on race, ethnicity, or religion. E. None of the above Answer: B 40. In response to the authority of the Church of England, the framers wrote the establishment clause. What did this clause guarantee with regard to religion? A. Separation of church and state B. Government sponsorship of religion C. Financial support by government of religion D. Governmental involvement in religious matters E. All of the above Answer: A 41. Justice Holmes’s clear-and-present-danger test holds that government can A. restrict speech that threatens national security. B. restrict any speech of an inflammatory nature. C. imprison political dissidents during time of war without following normal procedures. D. engage in prior restraint of the press whenever. E. All of the above Answer: A 42. Printed words that are known to be false and harmful to an individual’s reputation are an example of A. slander. B. libel. C. obscenity. D. blasphemy. E. rabble-rousing. Answer: B 43. The burning of an American flag as a means of political protest has recently been ruled A. a matter for local courts only. B. an issue that does not come under the Court’s jurisdiction. C. symbolic speech, which is protected by the First Amendment. D. nonprotected speech. E. None of the above Answer: C 44. In Miller v. California, the Court defined obscenity A. on the basis of the community, given contemporary standards, finding something of prurient sexual interest. B. as something that depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable law. C. as a work that, taken as a whole, lacks serious literary, artistic, political, or scientific value. D. A, B, and C are correct. E. None of these; the Court has refused to define obscenity Answer: D 45. The government can lawfully prevent a political rally from taking place A. under no circumstances: people have an unconditional right to express their views. B. when the rally would cost government money because of the need for police protection. C. when the views of those holding the rally are unpopular. D. when it can demonstrate clearly that a nonpreventable evil will result if the rally is held. E. None of the above Answer: D 46. The Bill of Rights guarantees religious liberty for A. Christians. B. Muslims. C. Jews. D. atheists. E. All of the above Answer: E 47. According to the Lemon test, in order to be constitutional, a law or public act must A. have a secular purpose. B. have a primary effect that neither advances nor inhibits religion. C. not result in excessive governmental entanglement with religion. D. All of the above E. All of the above except B Answer: D 48. Freedom of religion is protected by all of the following EXCEPT A. barring laws that would encourage an establishment of religion. B. allowing free exercise of religion. C. disallowing Americans to hold any religious belief they choose. D. the Supreme Court’s desire to encourage the states to maintain a position of neutrality toward religion. E. All of the above protect freedom of religion. Answer: C 49. The free exercise clause of the First Amendment refers to A. abortion rights. B. religious rights. C. voting rights. D. assembly rights. E. speech rights. Answer: B 50. The Supreme Court has ruled that flag burning A. is not an imminent danger to public safety. B. is symbolic speech. C. cannot, although offensive, be prohibited. D. All of the above E. All of the above, except C Answer: D 51. Government prohibition of a speech or publication before it is made or published is referred to as A. prior restraint. B. judicial review. C. sedition. D. exclusion. E. sequestering. Answer: A 52. Regarding the issue of obscenity, since the 1970s the Supreme Court has ruled all the following EXCEPT that A. obscenity is a form of expression that cannot be restricted. B. obscenity must be judged by contemporary community standards. C. it is a crime for people to possess pornographic photographs of children in their own home. D. cable channel operators cannot censor content on public access channels made available at no charge to community groups. E. All of the above have been ruled. Answer: A 53. One limit on the freedom of assembly is that A. at the meeting, a person may only discuss the positive aspects of our government. B. the meeting must remain peaceful. C. people cannot discuss their religious beliefs with one another. D. meetings can only be held during daylight hours. E. None of the above is a limit. Answer: B 54. While the government may not censor what can be said, it can regulate protests and parades. It can make regulations regarding A. the time of the parade or protest. B. the place of the parade or protest. C. the manner of the parade or protest. D. None of the above E. All of the above Answer: E 55. An individual’s ability to own, use, rent, invest in, buy, and sell property is associated with A. eminent domain. B. regulatory taking. C. property rights. D. land rights. E. domain limitations. Answer: C 56. A government creates landing and takeoff paths for airplanes over property adjacent to an airport, making the adjacent land unsuitable for its original use (say, raising chickens) and making compensation warranted. This is an example of what? A. Eminent domain B. Regulatory taking C. Property rights D. Land rights E. Domain limitations Answer: B 57. The concept that private property cannot be taken for public use without just compensation is A. eminent domain. B. ex post facto law. C. habeas corpus. D. martial law. E. regulatory taking. Answer: A 58. Eminent domain is defined as the right of government to A. prohibit the development of private property. B. legislate the way in which private property may be used. C. impose environmental regulations on private property owners. D. take private property for public use. E. All of the above Answer: D 59. ___________ is a constitutional requirement that governments proceed by proper methods. A. Procedural due process B. Due process C. Substantive due process D. Miranda rights E. International due process Answer: A 60. ___________ mainly limits the legislative branch because it enacts laws. A. Procedural due process B. Due process C. Substantive due process D. Miranda rights E. International due process Answer: C 61. ___________ is a constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable. A. Procedural due process B. Due process C. Substantive due process D. Miranda rights E. International due process Answer: C 62. ___________ established rules and regulations that restrain government officials. A. Procedural due process B. Due process C. Substantive due process D. Miranda rights E. International due process Answer: B 63. The Griswold v. Connecticut ruling dealt with elements of the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to recognize A. religious belief. B. abortion rights. C. privacy rights. D. speech rights. E. peaceful assembly rights. Answer: C 64. Under Roe v. Wade, the Court held that a woman in her first three months of pregnancy had __________ right to an abortion. A. no B. a court-approved C. a limited D. an unrestricted E. None of the above Answer: D 65. In 2003, the U.S. Supreme Court struck down a ________ state law making homosexual sodomy a crime. A. Georgia B. California C. Massachusetts D. Texas E. Alabama Answer: D 66. While the Supreme Court has upheld the right of women to have an abortion, it has held that there is no constitutional obligation for ____________________ to pay for abortions. A. government B. husbands C. boyfriends D. health insurance E. None of the above Answer: A 67. Please indicate which of the following Supreme Court cases did NOT involve the issue of privacy. A. Griswold v. Connecticut B. Planned Parenthood of Pennsylvania v. Casey C. Lawrence v. Texas D. Mapp v. Ohio E. All of the above cases dealt with privacy. Answer: D 68. Which of the following activities is covered under the right to privacy? A. Same-sex marriage B. Physician-assisted suicide C. Abortion D. None of the above E. All of the above Answer: C 69. The right to privacy is specifically A. found in the Tenth Amendment. B. found in the Bill of Rights. C. found in the main body of the Constitution. D. not found in the main body of the Constitution or in its amendments. E. None of the above Answer: D 70. In ____________, the Supreme Court pulled together elements of the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to recognize that personal privacy is one of the rights the Constitution protects. A. Lemon v. Kurtzman B. Gitlow v. New York C. Miller v. California D. Roe v. Wade E. Griswold v. Connecticut Answer: E 71. In ______________,the Supreme Court refused to extend constitutional protection to private relations between homosexuals. A. Bowers v. Hardwick B. Gitlow v. New York C. Miller v. California D. Romer v. Evans E. Griswold v. Connecticut Answer: A 72. The Supreme Court also upheld, in _____________, a stop-and-frisk exception to the warrant requirement when officers have reason to believe someone is armed and dangerous or has committed or is about to commit a criminal offense. A. Terry v. Ohio B. Gitlow v. New York C. Miller v. California D. Romer v. Evans E. Griswold v. Connecticut Answer: A 73. Which Amendment states the following: “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 issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”? A. Fourteenth B. Fourth C. First D. Third E. Fifth Answer: B 74. Which Amendment presents a complex area of the law that includes many possible exceptions to the warrant requirement? A. Fourteenth B. Fourth C. First D. Third E. Fifth Answer: B 75. Requirements that evidence unconstitutionally or illegally obtained be excluded from a criminal trial refer to which of the following? A. Procedural due process B. Exclusionary rule C. Double jeopardy D. Miranda rights E. Due process Answer: B 76. The Supreme Court, in Miranda v. Arizona (1966), announced that suspects need to be notified of all of the following EXCEPT A. the right to remain silent and that anything they say can and will be used against them. B. the right to a fair trial. C. the right to terminate questioning at any point. D. the right to have an attorney present during questioning by police. E. the right to have a lawyer appointed to represent them if they cannot afford to hire their own attorney. Answer: B 77. A(n) ___________ is concerned not with a person’s guilt or innocence but merely with whether there is enough evidence to warrant a trial. A. petit jury B. impartial jury C. grand jury D. partial jury E. appeals jury Answer: C 78. What Amendment also provides that no person shall be “subject for the same offense to be twice put in jeopardy of life or limb?” A. Fourteenth B. Fourth C. Fifth D. Third E. Ninth Answer: C 79. The __________Court made it easier to impose death sentences, cut back on appeals, and carry out executions. A. Warren B. Rehnquist C. Thomas D. Scalia E. O’Connor Answer: B 80. A search limited to a quick pat-down to check for weapons that may be used to assault the arresting officer is known as what? A. Ohio search B. Lawrence search C. Terry search D. Warrantless search E. Frisk search Answer: C 81. Protection against self-incrimination was originally developed to protect citizens against A. double jeopardy. B. eminent domain. C. habeas corpus. D. police brutality. E. martial law. Answer: D 82. A true bill or indictment is associated with A. a petit jury. B. eminent domain. C. plea bargaining. D. a grand jury. E. habeas corpus. Answer: D 83. An impartial jury must A. consist of persons who represent a fair cross-section of the community. B. be appointed by the prosecution. C. consist of people that have a high school education. D. be experts to consider testimony. E. None of the above Answer: A 84. A jury of 6–12 persons that determines the guilt or innocence in a civil or criminal action is called a A. petit jury. B. small jury. C. grand jury. D. impartial jury. E. California jury. Answer: A 85. If a majority of the grand jurors agree that a trial is justified, they return a true bill, or A. plea bargain. B. indictment. C. trial procedure. D. Bill of Attainder. E. trial approval. Answer: B 86. After indictment, prosecutors and the defense attorney usually discuss the possibility of a A. plea bargain. B. dismissal. C. trial procedure. D. mistrial. E. no-contest plea. Answer: A 87. The USA PATRIOT Act of 2001 did all of the following EXCEPT A. expand the size of the court. B. lower the requirement to approve warrants in cases of terrorism. C. permit searches for foreign intelligence and evidence of terrorist activities. D. restrict the access of foreign nationals within United States. E. Both B and C are correct. Answer: D True/False Questions 1. Justice Felix Frankfurter observed, “The history of liberty has largely been the history of observance of procedural safeguards.” Answer: True 2. Hamdan v. Rumsfeld underscored the fundamental nature of the writ of habeas corpus. Answer: True 3. According to the Constitution, ex post facto laws can be applied to civil laws. Answer: False 4. Civil liberties are stated in the Fifth and Second Amendments. Answer: False 5. Civil rights are protected by the Fifth and Fourteenth Amendments. Answer: True 6. In Boumediene v. Bush, the Court said that Guantanamo Bay detainees did not have the right to pursue habeas review in the federal courts. Answer: False 7. In Hamdan v. Rumsfeld (2006), the Court said that the president did not have the authority to try enemy combatants by military commissions. Answer: True 8. It was not until the Fourteenth Amendment was adopted that there became a way to apply the Bill of Rights to the actions of states. Answer: True 9. Gitlow v. New York resulted in the decision that freedom of speech is a basic right that no state may deny. Answer: True 10. Selective incorporation of most provisions of the Bill of Rights into the Fourteenth Amendment is considered the most significant constitutional development that has occurred since the Constitution was written. Answer: True 11. A due process clause is found in the Fifth Amendment and it limits the power of the national government. Answer: True 12. Habeas corpus refers to the retroactive law making an act a crime, though it was not a crime when the individual committed it. Answer: False 13. The Bill of Rights places most personal liberty beyond the reach of government. Answer: True 14. Selective incorporation of the Bill of Rights into the Fourteenth Amendment in order to protect individuals from state action would not have been supported by the framers of the Constitution. Answer: True 15. The due process clause is found in the Seventh Amendment. Answer: False 16. The distribution of religious and political pamphlets, leaflets, and handbills to the public is constitutionally protected. Answer: True 17. In Miller v. California (1973), the court agreed on a constitutional definition of protected speech. Answer: False 18. Shield laws pertain to freedom of the press. Answer: True 19. Speech is an absolute right. Answer: False 20. The preferred-position doctrine is a means of interpreting the Second Amendment. Answer: False 21. Libel, obscenity, fighting words, and commercial speech are examples of what the preferred-position doctrine would protect citizens against. Answer: False 22. Commercial speech is NOT constitutionally protected. Answer: True 23. Prior restraint occurs when the speaker refuses to take part in some unconstitutional dialogue. Answer: False 24. In content or viewpoint neutrality, we apply law to all kinds of speech and to all views, not just those that are unpopular or divisive. Answer: True 25. Libel is spoken defamation of a person. Answer: False 26. In 44 Liquormart, Inc. v. Rhode Island, the U.S. Supreme Court struck down a law forbidding the sale of alcohol to minors. Answer: False 27. Commercial speech has been given more protections by the First Amendment due to recent interpretations. Answer: False 28. A general definition of obscenity is that it lacks correct connotations with respect to a particular object being addressed. Answer: False 29. Civil disobedience is breaking the law but in a nonviolent manner. Answer: True 30. According to the text, liberal justices usually support a strict separation of church and state, including indirect aid, such as scholarships to private religious schools. Answer: True 31. The Court in New York Times Co. v. Sullivan severely limited state power to award monetary damages in libel suits brought by public officials against critics of official conduct. Answer: True 32. Under the clear-and-present-danger test, the government can restrict speech if someone uses his or her speech to incite a riot. Answer: True 33. The long-term trend over the course of American history has been for the Supreme Court to place more and more restrictions on free speech. Answer: False 34. The Supreme Court has broadly held that “hate speech” cannot be silenced. Answer: True 35. The Supreme Court acts on the premise that although people are free to believe what they want, they are not always free to act on their religious beliefs. Answer: True 36. The Lemon test has been consistently used by the Supreme Court in determining the separation between government and religion. Answer: False 37. Supreme Court guidelines for constitutionally protected free expression includes the absolute right to say whatever one wants to whomever, whenever. Answer: False 38. The Supreme Court has ruled that libel of public officials requires proof of actual malice, which has been defined as “a knowing or reckless disregard for the truth.” Answer: True 39. The Supreme Court has held that the exercise of free expression through the use of public assembly cannot be restricted. Answer: False 40. The framers of the Constitution wanted to limit government so it could not endanger the right of the people to use and enjoy their property. Answer: True 41. Kelo v. City of New London resulted in the decision that governments must compensate property owners when they make the land unsuitable for its original use. Answer: False 42. Procedural due process refers to the methods by which a law is applied. Answer: True 43. The most important extension of substantive due process in recent decades has protected the right to bear arms. Answer: False 44. The right to privacy was central to the ruling in Roe v. Wade. Answer: True 45. Homosexual marriages, physician-assisted suicide, and DNA testing by police are all constitutionally protected under the concept of privacy. Answer: False 46. Police have to, under oath, indicate that they have just cause in order to obtain a search warrant. Answer: True 47. The Fifth Amendment holds the provision that persons shall not be compelled to testify against themselves in criminal prosecutions. Answer: True 48. After indictment, prosecutors and the defense attorney usually discuss the possibility of a dismissal. Answer: False 49. Illegal police searches are included under the exclusionary rule, which provides that certain evidence cannot be used to convict a person in a criminal trial. Answer: True 50. The Rehnquist Court made it harder to impose death sentences. Answer: False Short Answer Questions 1. What is the writ of habeas corpus? Answer: Writ of Habeas Corpus: A legal order requiring a person under arrest to be brought before a judge, ensuring they are not detained unlawfully. 2. What do ex post facto laws do and what does the Constitution do to prevent them? Answer: Ex Post Facto Laws: Laws that criminalize actions retroactively; the Constitution prohibits them to prevent legal penalties for actions that were legal when committed. 3. What are civil liberties? Answer: Civil Liberties: Fundamental rights and freedoms protected from government interference, such as freedom of speech and religion. 4. Where is the due process clause stated and what does it do? Answer: Due Process Clause: Found in the Fifth and Fourteenth Amendments, it guarantees fair treatment through the judicial system before depriving anyone of life, liberty, or property. 5. When referring to selective incorporation we are speaking of what? Answer: Selective Incorporation: The process by which the Supreme Court applies the Bill of Rights to the states through the Fourteenth Amendment’s Due Process Clause. 6. What is the establishment clause? Answer: Establishment Clause: Part of the First Amendment, it prohibits Congress from establishing an official religion or unduly favoring one religion over another. 7. What is prior restraint? Provide an example. Answer: Prior Restraint: Government action that prohibits speech or publication before it occurs, e.g., censoring a newspaper article before it's published. 8. What is libel and can you show an example of it? Answer: Libel: False written statements that damage someone's reputation, e.g., publishing a false accusation of criminal behavior. 9. What forms of speech are unprotected? Answer: Unprotected Speech: Types of speech not covered by the First Amendment, such as obscenity, incitement to violence, and defamation. 10. Define and give an example of eminent domain. Answer: Eminent Domain: The government's power to take private property for public use, e.g., using land for a highway expansion. 11. Define and give an example of regulatory takings. Answer: Regulatory Takings: When government regulations effectively take property without compensation, e.g., zoning laws that prevent property development. 12. Define and give an example of property rights. Answer: Property Rights: Legal rights to use and control property, e.g., owning a home and having the right to sell or modify it. 13. What is procedural due process? How does it affect the development and enforcement of laws? Answer: Procedural Due Process: Ensures fair legal procedures before depriving someone of life, liberty, or property, affecting how laws are enforced and developed. 14. Abortion and privacy rights are still to this day a touchy subject. What is the landmark case associated with abortion? When can the state interests in protecting the unborn child be warranted? Answer: Landmark Abortion Case: Roe v. Wade (1973); state interests in protecting the unborn can be warranted after viability or if the mother’s health is at risk. 15. What is the exclusionary rule? What do critics think of it? Answer: Exclusionary Rule: Prohibits evidence obtained illegally from being used in court; critics argue it can allow guilty parties to avoid conviction. 16. What is the Miranda warning? What information must it include? Answer: Miranda Warning: A statement informing suspects of their rights before interrogation, including the right to remain silent and the right to an attorney. 17. What is an indictment? Answer: Indictment: A formal charge or accusation of a serious crime, typically issued by a grand jury. 18. What is double jeopardy? Answer: Double Jeopardy: The legal principle that prevents a person from being tried twice for the same offense. Essay Questions 1. What is the Bill of Rights, what does it protect, and does it apply to state governments? What are civil liberties and civil rights? Answer: The Bill of Rights is the first ten amendments to the U.S. Constitution, protecting fundamental freedoms such as speech, religion, and due process. Initially applied only to the federal government, the Incorporation Doctrine later extended many of these protections to state governments. Civil liberties are individual freedoms from government interference (e.g., freedom of speech), while civil rights ensure equal treatment and protection against discrimination (e.g., voting rights). 2. In the First Amendment there are two important clauses. What are they? What are some of the tests and cases that came from them? Answer: The First Amendment contains the Establishment Clause and the Free Exercise Clause. Establishment Clause: Prohibits the government from establishing an official religion. Key cases include Engel v. Vitale (1962), which ruled against school-sponsored prayer, and Lemon v. Kurtzman (1971), which established the Lemon Test for determining if government actions violate the clause. Free Exercise Clause: Protects individuals' rights to practice their religion. Notable cases include Employment Division v. Smith (1990), which limited religious freedoms in certain contexts, and Burwell v. Hobby Lobby Stores, Inc. (2014), which allowed some businesses to opt out of providing contraceptive coverage based on religious objections. 3. How do we distinguish among belief, speech, and action? Answer: Belief refers to personal convictions or thoughts held by individuals, protected by the First Amendment as it cannot be legislated against. Speech involves verbal or written expression of ideas and opinions, also protected by the First Amendment, but subject to limitations like incitement or obscenity. Action refers to conduct or behavior, which can be regulated if it infringes on others' rights or public order. While beliefs and speech enjoy robust protection, actions are often subject to legal constraints, as demonstrated in cases like Schenck v. United States (1919) where speech inciting unlawful actions was restricted. 4. What are the constitutional tests of speech restrictions? Explain all three. Answer: 1. Clear and Present Danger: Established in Schenck v. United States (1919), this test restricts speech that poses a clear and immediate threat to national security or public safety. 2. Strict Scrutiny: Applied in cases involving fundamental rights, this test requires that any speech restriction must serve a compelling government interest and be narrowly tailored to achieve that interest. 3. Intermediate Scrutiny: Used for restrictions on "content-neutral" speech, this test demands that the restriction must advance an important government interest and not be overly broad or vague. 5. How must laws be worded in order to avoid ambiguity? How does this affect prior restraint and content or viewpoint neutrality? Answer: Laws must be clearly written and precisely defined to avoid ambiguity, ensuring they do not overly restrict freedom of speech. This clarity helps prevent prior restraint, which involves blocking speech before it occurs, by ensuring that restrictions are not applied arbitrarily. For content or viewpoint neutrality, laws must not target specific viewpoints or content but rather regulate speech in a manner that is general and applies equally to all content, maintaining fairness and protecting constitutional rights. 6. What are the different types of unprotected speech? Explain each. Answer: Unprotected speech includes: 1. Obscenity: Speech or materials that depict sexual content in a patently offensive manner, lacking serious literary, artistic, political, or scientific value. Example: explicit pornography. 2. Defamation: False statements damaging someone's reputation, including libel (written) and slander (spoken). Example: false accusations of criminal behavior. 3. Fighting Words: Speech that incites immediate violence or hostility. Example: direct, personal insults that provoke a physical altercation. 4. Incitement to Imminent Lawless Action: Speech encouraging unlawful acts that are likely to occur immediately. Example: urging a crowd to commit violence. 7. How does the Constitution protect the rights of free assembly? Does the right to peaceful assembly include the right to deliberately but nonviolently break the law? Answer: The Constitution protects the right to free assembly through the First Amendment, which guarantees that people can gather peacefully. This right includes organizing and participating in demonstrations, protests, and rallies. However, the right to assemble peacefully does not include the right to deliberately break the law. While nonviolent civil disobedience, such as sit-ins or marches, is protected, it does not exempt individuals from legal consequences for actions that violate regulations or laws. The assembly must be lawful and non-disruptive to avoid legal penalties. 8. What are property rights? What are the various powers and limitations the government has when it comes to property? Answer: Property rights are legal entitlements that allow individuals to own, use, and transfer property. The government has powers such as eminent domain, allowing it to take private property for public use with compensation. It also exercises regulatory powers, including zoning laws and land use regulations. However, these powers are limited by constitutional protections that require fair compensation and prevent undue infringement on property rights. Governments must balance their regulatory actions with respect for individual property rights to avoid overreach and ensure fairness. 9. What are due process rights? Explain each of them. Answer: Due process rights are constitutional guarantees ensuring fair treatment through the legal system. They include: 1. Procedural Due Process: Requires that laws and procedures must be fair and that individuals are given notice and an opportunity to be heard before being deprived of life, liberty, or property. 2. Substantive Due Process: Protects certain fundamental rights from government interference, ensuring that laws do not infringe on fundamental liberties without adequate justification. 3. Right to a Fair Trial: Ensures a fair and impartial trial, including the right to an attorney, a jury trial, and an opportunity to present a defense. These rights collectively protect individuals from unjust legal actions and ensure the legal process is conducted fairly. 10. Privacy rights have recently become an extension of substantive due process rights. What is substantive due process? What are the three aspects of privacy rights? Answer: Substantive due process protects certain fundamental rights from government interference, ensuring that laws are not overly broad or arbitrary. It extends to privacy rights, which are considered essential under this principle. The three aspects of privacy rights include: 1. Personal Autonomy: Protects decisions regarding personal matters, such as marriage and family life. 2. Reproductive Rights: Includes the right to make decisions about reproduction, like abortion and contraception. 3. Privacy of Personal Information: Safeguards against unreasonable searches and seizures and protects the confidentiality of personal data. 11. How do privacy rights extend to sexual orientation? Answer: Privacy rights extend to sexual orientation through substantive due process, which ensures personal decisions regarding intimate relationships are protected from government interference. Landmark cases like Lawrence v. Texas (2003) invalidated laws criminalizing same-sex intimacy, affirming that consensual sexual conduct between adults is a private matter. The right to privacy also supports the recognition of same-sex marriages, as seen in Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide, ensuring equal protection and privacy for LGBTQ+ individuals in their personal relationships. 12. What are the rights of a criminal suspect? What are some of the requirements that the police must meet to make sure these rights are not violated? Answer: Criminal suspects have several rights, including the right to remain silent, the right to an attorney, and protection against self-incrimination, as established by the Miranda rights. To ensure these rights are upheld, police must provide Miranda warnings before custodial interrogation, informing suspects of their right to remain silent and their right to legal representation. Additionally, any evidence obtained in violation of these rights may be excluded from trial under the exclusionary rule. Police must also adhere to proper procedures when conducting searches and arrests, ensuring they do not violate the Fourth Amendment protections against unreasonable searches and seizures. 13. What are fair-trial procedures? Answer: Fair-trial procedures ensure that criminal defendants receive a just and impartial hearing. Key components include the right to a public trial, an impartial jury, and a speedy trial to avoid prolonged detention. Defendants have the right to be informed of the charges against them, to confront and cross-examine witnesses, and to present their own evidence and witnesses. Additionally, they are entitled to legal representation, either privately hired or provided by the state if they cannot afford one. These procedures aim to uphold the principle of due process and ensure that trials are conducted fairly and transparently. Test Bank for Government by the People David B. Magleby, Paul C. Light, Christine L. Nemacheck 9780205073245, 9780134732831
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