CHAPTER 4: CIVIL LIBERTIES AND PUBLIC POLICY

READING COMPREHENSION QUIZ

Multiple Choice Questions

1.  Civil liberties are legal and constitutional protections against

a.  criminals.

b.  government.

c.  foreign invasions.

d.  minority tyranny.

e.  factions.

Answer: b

Learning Objective: Opening Vignette

Page Reference: 100

Skill: Knowledge

2.  Freedom of religion is guaranteed by the ______Amendment.

a.  First

b.  Second

c.  Third

d.  Fourth

e.  Tenth

Answer: a

Learning Objective: 4.1

Page Reference: 101

Skill: Knowledge

3.  The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to prevent

a.  both the national and state governments from violating civil rights.

b.  cities from taking private property without due process.

c.  only the national government from abridging civil liberties.

d.  the states from infringing on individual rights.

e.  the United States government from granting titles of royalty.

Answer: c

Learning Objective: 4.1

Page Reference: 102

Skill: Comprehension

4.  The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the

a.  implied powers doctrine.

b.  enumerated powers doctrine.

c.  incorporation doctrine.

d.  disincorporation doctrine.

e.  due process doctrine.

Answer: c

Learning Objective: 4.1

Page Reference: 103

Skill: Knowledge

5.  The Supreme Court has ruled that government aid to church-related schools

a.  is acceptable for things such as field trips and teacher salaries but not for textbooks or transportation to school.

b.  is permitted when the aid is for a nonreligious purpose.

c.  is acceptable if the school is affiliated with a major religion but not for small, fringe religious sects.

d.  violates the establishment clause.

e.  does not constitute an establishment of religion.

Answer: b

Learning Objective: 4.2

Page Reference: 104

Skill: Comprehension

6.  In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint?

a.  Wisconsin v. Yoder

b.  Miranda v. Arizona

c.  Near v. Minnesota

d.  New York Times v. Sullivan

e.  Mapp v. Ohio

Answer: c

Learning Objective: 4.3

Page Reference: 110

Skill: Knowledge

7.  The principle that “obscenity is not within the area of constitutionally protected speech or press” was established in

a.  Roth v. United States.

b.  Osborne v. Ohio.

c.  Miller v. California.

d.  United States v. Snepp.

e.  Ohio v. Pussycat Theater.

Answer: a

Learning Objective: 4.3

Page Reference: 112–113

Skill: Knowledge

8.  The publication of statements known to be false that are malicious and tend to damage a person’s reputation is called

a.  obscenity.

b.  symbolic speech.

c.  slander.

d.  libel.

e.  fraud.

Answer: d

Learning Objective: 4.3

Page Reference: 114

Skill: Knowledge

9.  In NAACP v. Alabama (1958), the Supreme Court ruled that forcing the NAACP to turn over its membership list to the state of Alabama was an unconstitutional violation of the NAACP’s

a.  freedom of association.

b.  freedom of expression.

c.  freedom of religion.

d.  freedom of belief.

e.  None of these are correct.

Answer: a

Learning Objective: 4.4

Page Reference: 120

Skill: Application

10.  Which of the following is NOT a constitutionally permissible limitation on the Second Amendment right to bear arms?

a.  Background checks for gun buyers

b.  Mandatory trigger locks

c.  Prohibitions on concealed weapons

d.  Limits on the possession of firearms by the mentally ill and by felons

e.  Restrictions on dangerous and unusual weapons not typically used for self-defense

Answer: b

Learning Objective: 4.5

Page Reference: 121–122

Skill: Application

11. Obtaining evidence in a haphazard or random manner, in violation of the Fourth Amendment, is known as

a. bounty hunting.

b. unreasonable search and seizure.

c. a violation of privacy.

d. cruel and unusual punishment.

e. an Ariel search.

Answer: b

Learning Objective: 4.6

Page Reference: 122–124

Skill: Knowledge

12.  The ______Amendment forbids forced self-incrimination, stating that no person “shall be compelled to be a witness against himself.”

a.  First

b.  Twenty-sixth

c.  Fifth

d.  Fourth

e.  Ninth

Answer: c

Learning Objective: 4.6

Page Reference: 126

Skill: Knowledge

13.  In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent, that what they say can be used against them, and of their right to have an attorney present during any questioning?

a.  Gideon v. Wainwright

b.  Near v. Minnesota

c.  Plucennik v. United States

d.  Miranda v. Arizona

e.  Mapp v. Ohio

Answer: d

Learning Objective: 4.6

Page Reference: 126–127

Skill: Knowledge

14.  In 2008 in Boumediene v. Bush, the Supreme Court ruled that

a.  foreign terrorism suspects held at Guantanamo Bay do not have any constitutional right to challenge their detention in U.S. courts.

b.  foreign terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in U.S. courts.

c.  National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were unconstitutional.

d.  National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were constitutional.

e.  The USA PATRIOT Act was unconstitutional.

Answer: b

Learning Objective: 4.6

Page Reference: 131

Skill: Comprehension

15.  In Griswold v. Connecticut (1965), the Supreme Court

a.  ruled that various portions of the Bill of Rights cast “penumbras” protecting a right to privacy, including a right to family planning.

b.  overturned a woman’s legal right to abortion.

c.  ruled that the state of Connecticut could legally ban the sale of contraceptives under state police powers of the Tenth Amendment.

d.  held that abortion was a woman’s legal right.

e.  overturned a Connecticut state sodomy law.

Answer: a

Learning Objective: 4.7

Page Reference: 136

Skill: Comprehension

True/False Questions

1.  Americans’ civil liberties are set down in the first 10 amendments to the Constitution.

Answer: TRUE

Learning Objective: Opening Vignette

Page Reference: 100

Skill: Knowledge

2.  The First Amendment, as originally understood, applied only to the national government.

Answer: TRUE

Learning Objective: 4.1

Page Reference: 102–103

Skill: Comprehension

3.  The First Amendment prohibits an established national religion.

4. 

Answer: TRUE

Learning Objective: 4.2

Page Reference: 103

Skill: Knowledge

5.  Prior restraint refers to government actions preventing material from being published.

Answer: TRUE

Learning Objective: 4.3

Page Reference: 110

Skill: Knowledge

6.  The right to peaceably assemble is protected by the Second Amendment.

Answer: FALSE

Learning Objective: 4.4

Page Reference: 120

Skill: Knowledge

7.  The Supreme Court recently ruled that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia.

Answer: TRUE

Learning Objective: 4.5

Page Reference: 121

Skill: Knowledge

8.  A warrant is not a constitutional requirement for a reasonable police search.

Answer: TRUE

Learning Objective: 4.6

Page Reference: 123–124

Skill: Comprehension

9.  The Supreme Court has ruled that it is cruel and unusual punishment to sentence a juvenile offender to life in prison without parole for a nonhomicide crime.

Answer: TRUE

Learning Objective: 4.6

Page Reference: 131–132

Skill: Knowledge

10.  Lethal injection has been declared unconstitutional by the Supreme Court.

Answer: FALSE

Learning Objective: 4.6

Page Reference: 131–132

Skill: Knowledge

11.  The numbers of death sentences grew dramatically between 1998 and 2009.

Answer: FALSE

Learning Objective: 4.6

Page Reference: 133–134

Skill: Analysis

12.  The Bill of Rights does not explicitly grant a right to privacy.

Answer: TRUE

Learning Objective: 4.7

Page Reference: 135–136

Skill: Knowledge

13.  The Freedom of Access to Clinic Entrances Act makes it a federal crime to intimidate abortion providers or women seeking abortions.

Answer: TRUE

Learning Objective: 4.7

Page Reference: 139

Skill: Knowledge

14.  A clear majority of Americans support a legal right to abortion under some circumstances.

Answer: TRUE

Learning Objective: 4.7

Page Reference: 138–139

Skill: Analysis

15.  Majority rule may at times conflict with individual rights.

Answer: TRUE

Learning Objective: 4.8

Page Reference: 140

Skill: Comprehension

16.  Civil liberties are both the foundation for and a reflection of our emphasis on individualism.

Answer: TRUE

Learning Objective: 4.8

Page Reference: 139–140

Skill: Synthesis

CHAPTER EXAM

Multiple Choice Questions

1.  The ______is the final interpreter of the content and scope of Americans’ civil liberties.

a.  president

b.  Congress

c.  Supreme Court

d.  American Civil Liberties Union

e.  Constitution

Answer: c

Learning Objective: Opening Vignette

Page Reference: 100

Skill: Knowledge

2.  The Bill of Rights was written and proposed by

a.  the United States Supreme Court in 1796.

b.  the First Congress of the United States in 1789.

c.  the Constitutional Convention in 1787.

d.  President George Washington in 1789.

e.  President Thomas Jefferson in 1801.

Answer: b

Learning Objective: 4.1

Page Reference: 100–102

Skill: Knowledge

3.  The Bill of Rights was adopted primarily in response to

a.  the Spanish Inquisition.

b.  British abuses of the colonists’ civil liberties.

c.  the abuses committed by the United States Continental Army during the Revolutionary War.

d.  the horrors of the French Revolution.

e.  Shays’ Rebellion.

Answer: b

Learning Objective: 4.1

Page Reference: 100–102

Skill: Comprehension

4.  The great freedoms of speech, press, religion, and assembly are contained in the

a.  First, Second, Third, and Fourth Amendments.

b.  Fourth Amendment.

c.  Second Amendment.

d.  Third Amendment.

e.  First Amendment.

Answer: e

Learning Objective: 4.1

Page Reference: 102

Skill: Knowledge

5.  The language of the First Amendment, “Congress shall make no law,” suggests that the Bill of Rights was written to

a.  restrict the powers of the national government.

b.  restrict the powers of the state governments.

c.  restrict the powers of both the national and state governments.

d.  enlarge the powers of the national government.

e.  enlarge the powers of the state governments.

Answer: a

Learning Objective: 4.1

Page Reference: 102–103

Skill: Comprehension

6.  In the case of ______, the Supreme Court ruled that the Bill of Rights restrained only the national government, not states and cities.

a.  Miranda v. Arizona

b.  Barron v. Baltimore

c.  New York v. the United States

d.  Engel v. Vitale

e.  Gitlow v. New York

Answer: b

Learning Objective: 4.1

Page Reference: 102–103

Skill: Knowledge

7.  Beginning with the case of ______in 1925, the Supreme Court began to rule that the Bill of Rights applied directly to the states, as well as to the national government.

a.  United States v. Bill of Rights

b.  Miranda v. Arizona

c.  Engel v. Vitale

d.  Barron v. Baltimore

e.  Gitlow v. New York

Answer: e

Learning Objective: 4.1

Page Reference: 102–103

Skill: Comprehension

8.  Incorporation is the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the due process clause of the ______Amendment.

a.  First

b.  Second

c.  Tenth

d.  Fourteenth

e.  Fifteenth

Answer: d

Learning Objective: 4.1

Page Reference: 103

Skill: Comprehension

9.  In Gitlow v New York (1925), the Court ruled that freedoms of speech and press were liberties protected by the ______clause of the Fourteenth Amendment.

a.  due process

b.  necessary and proper

c.  commerce

d.  interstate commerce

e.  free press

Answer: a

Learning Objective: 4.1

Page Reference: 102–103

Skill: Knowledge

10.  The incorporation doctrine involves

a.  application of the Bill of Rights to the states.

b.  the government’s power to regulate corporations.

c.  the procedures for creating a city government.

d.  the interpretation of the commerce clause.

e.  the extension of judicial review to state courts.

Answer: a

Learning Objective: 4.1

Page Reference: 103

Skill: Comprehension

11.  The abridgment of citizens’ freedom to worship, or not to worship, as they please is prohibited by the

a.  due process clause.

b.  full faith and credit clause.

c.  free exercise clause.

d.  privileges and immunities clause.

e.  establishment clause.

Answer: c

Learning Objective: 4.2

Page Reference: 103

Skill: Comprehension

12.  The two clauses of the First Amendment regarding religion and government are commonly referred to as

a.  the establishment clause and the free exercise clause.

b.  the due process clause and the free exercise clause.

c.  the due process clause and the establishment clause.

d.  the free exercise clause and the necessary and proper clause.

e.  the establishment clause and the necessary and proper clause.

Answer: a

Learning Objective: 4.2

Page Reference: 103

Skill: Knowledge

13.  Government recognition of a national or official religion is prohibited by the

a.  due process clause.

b.  establishment clause.

c.  free exercise clause.

d.  freedom of religion.

e.  Second Amendment.

Answer: b

Learning Objective: 4.2

Page Reference: 103

Skill: Comprehension

14.  In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT

a.  have a secular purpose.

b.  inhibit religion.

c.  not advance religion.

d.  not create excessive government entanglement with religion.

e.  treat all religions equally.

Answer: b

Learning Objective: 4.2

Page Reference: 104

Skilll: Comprehension

15.  In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that

a.  any aid of any sort to church-related schools is not constitutional because it violates church-state separation.

b.  aid to church-related schools is fully constitutional and can be used for any purposes needed by the schools.

c.  spoken prayers in public schools were unconstitutional.

d.  aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion.

e.  devotional Bible reading in public schools was unconstitutional.

Answer: d

Learning Objective: 4.2

Page Reference: 104

Skill: Comprehension

16.  The Supreme Court rulings in Agnostini v. Felton (1997) and Zelman v. Simmons-Harris (2002) together exemplify a(n)