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50 terms

Chapter 4

1. Which of the following is not a liberty protected by the Bill of Rights?
a. the free exercise of religion
b. freedom from unreasonable searches and seizures
c. guarantee of the due process of law
d. equal protection of the laws
2. The substantive constraints found in the Bill of Rights
a. put limits on what government shall and shall not have the power to do.
b. define how the government is supposed to act.
c. define when the government is supposed to act.
d. discuss why the government is or is not supposed to do something.
3. What was the main reason that Alexander Hamilton did not want a bill of rights?
a. He wanted the government to have as much power as possible.
b. He believed that too many individual liberties destroyed the trust between citizen
and government.
c. He believed it was unnecessary for a government that possessed only specifically
delegated powers.
d. He believed a bill of rights would make the Constitution too long and
4. The Bill of Rights was written because
a. the Antifederalists demanded it as the price of ratification of the Constitution.
b. the Federalists realized that no constitution would last for long without a bill of
c. the federal government in the early days of the republic was violating too many
individual rights.
d. George Washington advocated the measure very forcefully.
5. The Bill of Rights was ratified by the states in
a. 1776.
b. 1787.
c. 1791.
d. 1812.
6. The Bill of Rights
a. is the first ten amendments to the Constitution.
b. includes all of the civil liberties and civil rights found in the Constitution.
c. is the first national Constitution of the United States.
d. is the First Amendment to the Constitution
7. The first ten amendments to the U.S. Constitution are called
a. Magna Carta.
b. the Articles of Confederation.
c. the Mayflower Compact.
d. the Bill of Rights
8. According to the text, what is the constitutional problem relating to the nationalization of the Bill of
a. Does the Bill of Rights put limits only on the national government, or does it limit
state governments as well?
b. Does every state have to ratify each amendment to the Constitution, or only a
majority of the states?
c. Does the level of enforcement of the Bill of Rights have to be equal throughout
every state?
d. Does the Bill of Rights legalize a national moral consensus
9. The due process clause of the Fifth Amendment is best described as
a. a substantive civil liberty.
b. a procedural civil liberty.
c. a civil right.
d. a delegated power
10. Which of the following is the best description of the Supreme Court's first ruling on the issue of the
nationalization of the Bill of Rights in 1833?
a. The takings clause restricts national and state governments but not city
b. The Bill of Rights should not be used if a state's constitution already contains its
own bill of rights.
c. The takings clause does not cover accidents caused by government officials.
d. The Bill of Rights limits the national government but not state governments.
11. The constitutional basis for the nationalization of the Bill of Rights is
a. the First Amendment.
b. the Fourteenth Amendment.
c. Plessy v. Ferguson.
d. Roe v. Wade
12. The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect
citizens against states and federal actions is called
a. habeas corpus.
b. selective incorporation.
c. the takings clause.
d. federalism
13. The wall of separation between church and state is best found in what clause of the Constitution?
a. the free exercise clause
b. the establishment clause
c. the equal protection clause
d. the wall of separation clause
14. The Lemon test involves what part of the Constitution?
a. free speech
b. establishment clause
c. due process
d. equal protection of the laws
15. The Supreme Court has traditionally allowed government aid to religious schools only if
a. the aid has a secular purpose.
b. the aid neither advances nor inhibits religion.
c. the aid does not excessively entangle government in the affairs of religious
d. all of the above.
16. The __________ of the First Amendment protects an individual's right to believe and practice whatever
religion she or he chooses.
a. establishment clause
b. free association clause
c. free exercise clause
d. religious freedom restoration clause
17. In West Virginia State Board of Education v. Barnette the Supreme Court announced that
a. Amish children are not required to attend school past the age of twelve.
b. children cannot be required to salute the flag if it violates their religious faith.
c. school officials are permitted greater authority to censor speech and expression
than would be permissible off school grounds.
d. prayer in school violates the establishment clause
18. Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?
a. The Constitution forbids the establishment of official or unofficial religions.
b. Peyote smoking is illegal, even if it is for religious reasons.
c. The Court argued that only the judiciary can interpret the scope of the Bill of
d. The president had not formally signed the act
19. Which of the following statements concerning the death penalty is false?
a. The United States is the only Western democracy to use the death penalty as a
criminal sanction.
b. The United States legally executes more people than any other nation in the
c. More than thirty-five states have legalized the death penalty.
d. European nations have been reluctant to extradite fugitives back to the United
States if there is a chance they will face the death penalty
20. What were the Alien and Sedition Acts?
a. laws passed in the 1790s that made it a crime to say or publish anything that
would defame the government of the United States
b. laws that made it a crime for foreign immigrants to belong to the Communist
Party or other anti-American organizations
c. a law passed by Congress denying civil liberties to all noncitizens
d. laws passed during the Civil War denying Confederate sympathizers the right of
free speech
21. What was the fate of the Alien and Sedition Acts during the 1790s?
a. In their first free speech case, the Supreme Court declared that the acts violated
the First Amendment.
b. The Supreme Court upheld the acts as a permissible emergency power during
c. The acts were allowed to expire without the Supreme Court ruling on them.
d. President John Adams refused to prosecute individuals under the acts because he
believed they violated the Constitution
22. The first and most famous test for determining when the government could intervene to suppress political
speech was called the
a. speech plus test.
b. clear and present danger test.
c. strict scrutiny test.
d. Lemon test
23. Which of the following forms of speech are given the highest level of protection by the Supreme Court?
a. libel
b. fighting words
c. political sedition
d. all of the above
24. The rights to assembly and petition are guaranteed by the same amendment guaranteeing
a. free speech.
b. due process.
c. privacy.
d. none of the above
25. In order for a public official to win a libel suit against a news medium, the official must prove
a. the story was false.
b. the story was malicious.
c. the story was false and malicious.
d. Libelous stories receive absolute protection if the story is about a public official
26. Which of the following types of speech does not receive full First Amendment protection?
a. slander
b. fighting words
c. obscenity
d. all of the above
27. About what did Justice Potter Stewart confess, "I know it when I see it"?
a. fighting words
b. speech inciting violence
c. pornography
d. sedition
28. Which of the following statements regarding the law and the Internet is false?
a. The Internet has made it more difficult for government to regulate obscene
b. The Internet receives more freedom from regulation than either radio or
c. The Court has struck down several attempts by Congress to regulate the Internet.
d. While there have been a number of bills concerning Internet regulation, as of
2008 no federal laws have been passed
29. The Court does not give full protection to fighting words because
a. insults hurt people's feelings.
b. such words are not part of the essential exposition of ideas.
c. fighting words are a form of sedition.
d. they are a form of obscenity
30. Which of the following best reflects the Supreme Court's position on commercial speech, such as
a. Commercial speech receives no First Amendment protection.
b. Advertisements receive limited First Amendment protection.
c. Advertisements receive as much protection as anything else written in the
d. Commercial speech regulations depend on the commerce clause, not the Bill of
31. The Second Amendment to the U.S. Constitution deals with
a. the right to bear arms.
b. the quartering of troops.
c. due process.
d. cruel and unusual punishment
32. "Due process of law" in the United States is generally defined by the
a. First, Second, Third, and Fourth amendments.
b. Second, Third, Fourth, and Fifth amendments.
c. Fourth, Fifth, Sixth, and Eighth amendments.
d. Seventh, Eighth, Ninth, and Tenth amendments
33. The Fourth, Fifth, Sixth, and Eighth amendments are largely about
a. protections for those accused of committing a crime.
b. the right to privacy and travel.
c. the demand that citizens be treated equally.
d. the limits of Congress regarding economic regulation
34. In criminal cases, the burden of proof lies with the
a. government prosecutor.
b. accused.
c. victim.
d. judge
35. The controversy over suspicionless drug tests at school and in the workplace pits the government's war
on drugs against the right
a. against self-incrimination.
b. against profiling.
c. to take drugs.
d. to privacy from unwarranted searches
36. What is a grand jury?
a. the name for the juries used in the federal courts
b. a jury that determines whether there is enough evidence to justify a trial
c. the jury that determines the sentence after guilt has been proven
d. a jury that determines whether the rights of the accused have been violated
37. The requirement that persons under arrest be informed of their right to remain silent is known as the
__________ rule.
a. Mapp
b. Gideon
c. Miranda
d. Palko
38. The right to legal counsel in a criminal proceeding is guaranteed by the
a. Fourth Amendment.
b. Fifth Amendment.
c. Sixth Amendment.
d. Seventh Amendment.
39. What did the Supreme Court decide in Kelo v. City of New London (2005)?
a. Police officers must have probable cause before searching someone loitering on
the street.
b. A city can seize land from private owner and transfer it to another private owner
as part of a redevelopment plan.
c. Individuals have restricted rights to free speech when they are on the property of
private shopping malls.
d. City governments cannot establish their own school districts
40. The term eminent domain describes
a. the power of the government to take private property for public use.
b. the right of individuals not to have their property taken by the government.
c. the power of the Supreme Court to declare the meaning and scope of all civil
d. the power of the federal government to seize land owned and managed by states,
in the public interest
41. The case of Gideon v. Wainwright established the right
a. to counsel in felony cases.
b. against self-incrimination.
c. to be warned of your rights at the time of arrest.
d. against suspicionless searches and seizures
42. The Eighth Amendment prohibits
a. double jeopardy.
b. cruel and unusual punishment.
c. denial of a lawyer in felony trials.
d. the violation of habeas corpus
43. The current prohibition on states to criminalize abortion is based on
a. the right to the due process of law.
b. equal protection against sexual discrimination.
c. the right to privacy.
d. the right against cruel and unusual punishment.
44. Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the
development of
a. a constitutional right to privacy.
b. American due process.
c. New Federalism.
d. a test which can be used to determine what is unprotected speech
45. Since 1973, the right to an abortion has been
a. upheld and expanded.
b. upheld but narrowed in scope.
c. overturned.
d. The Supreme Court has not heard another case involving abortion since 1973
46. In what year was freedom of speech extended to protect against the acts of state governments?
a. 1833
b. 1868
c. 1925
d. 1964
47. Which of the following rights has never been incorporated into the Fourteenth Amendment?
a. freedom of assembly
b. right to bear arms
c. right to remain silent
d. right against double jeopardy
48. What principle did the Supreme Court establish in 2002, concerning the use of tax-supported vouchers
for religious schools?
a. The use of vouchers at religious schools violated the establishment clause.
b. The use of vouchers for tuition at religious schools was prohibited, but they could
be used to offset the costs of food and sports.
c. The use of vouchers was acceptable, as long as the parents had a choice between
secular and religious schools.
d. The use of vouchers was acceptable only if there were no private secular schools
in the child's neighborhood
49. Which of the following statements concerning West Virginia State Board of Education v. Barnette is
a. It upheld the right of children to refuse to salute the flag.
b. It reversed a decision made by the Supreme Court just three years earlier.
c. It was decided in 1968, in the midst of the Vietnam War.
d. It was a case brought by a Jehovah's Witness
50. Which figure is most closely associated with the idea that the First Amendment protects the "marketplace
of ideas"?
a. John Marshall
b. Oliver Wendell Holmes
c. Earl Warren
d. Antonin Scalia