POLS 1113: American Federal Government Chapter 4 Quiz

1
POLS 1113American Federal Government

• Chapter 4 Quiz UniverseCivil Liberties

2
Conflicts over civil liberties often

• a. are relatively simple claims.
• b. require balancing competing claims.
• c. are always easily resolved.
• d. options a and c.
• e. all of the above.

3
Personal rights and freedoms that the federal
government cannot abridge by law, constitutional
amendment, or judicial interpretation are called

• a. natural rights. d. comprehensive
• b. civil rights. rights.
• c. universal liberties. e. civil liberties.

4
The Bill of Rights is found in

• a. Article I d. the Preamble
  to the
• b. the first ten
  Constitution.
• amendments. e. the Gettysburg
  Address.
• c. the Federalist
• Papers.

5
According to the authors, the amendments that
highlight the Anti-Federalists fears of an
overly powerful national government are the __
Amendments.

• a. First and Fourth d. Seventh and Eighth
• b. Second and Third e. Ninth and Tenth
• c. Fifth and Sixth

6
The clause contained in the Fourteenth Amendment
that has been ruled to make some of the Bill of
Rights applicable to the states is called the __
clause.

• a. due process d.
  incorporation
• b. elastic e.
  tyrannous
• c. necessary and proper

7
Over the course of several rulings, the Supreme
Court has chosen to apply some of the specific
guarantees in the Bill of Rights to the states in
a process described as

• discreet imposition. d. scrupulous
• b. partial due process
  establishment.
• c. selective incorporation. e. judicious
• 
  constraint.

8
The Supreme Court began to apply selective
portions of the Bill of Rights to the states in
the 1925 case

• a. Gitlow v. New York. d. Palko v.
  Connecticut.
• b. Plessy v. Ferguson. e. Near v.
  Minnesota.
• c. Granger v. Delaware.

9
The establishment clause has been said to

• a. erect a wall of separation between church
  and state.
• b. protect citizens basic religious rights.
• c. prohibit the adoption of an official religion.
• d. force the federal government to be neutral in
  its policies as they relate to religion.
• e. all of the above.

10
The judicial doctrine that government cannot
prohibit speech or publication of written works
before the fact is called

• a. press immunity. d. a priori limitation.
• b. prior restraint. e. stare decisis.
• c. journalistic
• independence.

11
In the Supreme Court case Schenk v. U.S.(1919),
the Supreme Court ruled that Congress could ban
certain types of speech in times of war if they
constituted a

• a. seditious act. d. reasonable
  offense to
• b. libelous act against contemporary
  society.
• a public servant. e. minimal
  derogation of
• c. clear and present acceptable
  conduct.
• danger to society.

12
In 1969, the Supreme Court created a new test for
deciding what types of speech could be regulated
by the government. The new test made it more
difficult to limit speech due to the requirement
that imminent harm would be likely to occur. The
new test was called

• a. substantive danger. d. direct incitement.
• b. clear and present e. the burning
• danger. building
  test.
• c. the Lemon Test.

13
In Texas v. Johnson (1989), the Supreme Court
ruled that __ was/were symbolic speech protected
by the First Amendment.

• a. obscenity. d. sit-ins
• b. flag burning. e. cross-burning
• c. campaign spending.

14
In New York Times v. Sullivan (1964), the Supreme
Court ruled that

• a. false or negligent speech was not protected by
  the First Amendment.
• b. prior restraint was unconstitutional.
• c. libel and slander were constitutionally
  protected forms of speech.
• d. actual malice must be proven in order to
  support a libel claim against a public figure.
• e. segregationists could use the Constitution as
  a weapon to destroy civil rights protesters.

15
In __ (1973), the Supreme Court attempted to
redefine obscenity, concluding that a speech act,
depiction, or work of art was obscene if it
depicts sexual conduct in a patently offensive
way, lacked serious literary, political, or
scientific value, and violated local community
standards of decency.

• a. Flynt v. Falwell d.
  Chaplinskly v.
• b. Miller v. California New
  Hampshire
• c. Hefner v. Robertson e. Reno v.
  American
• 
  Civil Liberties
• 
  Union

16
Under the __ Amendment, the police may search
things in plain view, the person arrested, and
things under the arrestees immediate control.

• a. Second d. Fifth
• b. Third e. Sixth
• c. Fourth

17
A warrantless search occur constitutionally
provided

• a. the officer knocks first.
• b. that a search is difficult to obtain.
• c. that an impartial magistrate be notified
  within 24 hours of the search.
• d. consent is given.
• e. the officer clubs the suspect into
  unconsciousness prior to executing the search.

18
The Supreme Court ruled that individuals arrested
for a crime must be notified of their
constitutional rights in the case

• a. Weeks v. U.S. d. Mapp v. Ohio.
• b. McClesky v. Zant. e. Batson v.
  Kentucky.
• c. Miranda v. Arizona.

19
In a 1914 case, the Supreme Court ruled that
illegally seized evidence could not be used at
trial. This became known as the __ rule, and is
designed as a remedy for police violations of
constitutional rights.

• a. due process d. exclusionary
• b. procedural rights e. blackball
• c. Mapp

20
In __ (1963), the Supreme Court ruled that
lawyers in criminal cases are necessities, not
luxuries.

• a. Mapp v. Ohio d. Weeks v. U.S.
• b. Miranda v. Arizona e. Gregg v. Georgia
• c. Gideon v. Wainwright

21
The case Gideon v. Wainwright (1963) dealt with
the issue of

• a. self-incrimination. d. cruel and
  unusual
• b. search and seizure. punishment.
• c. trial by jury. e. right to
  legal
• 
  counsel.

22
The right to a speedy and public trial before an
impartial jury is guaranteed by the __ Amendment.

• a. Fifth d. Eighth
• b. Sixth e. Ninth
• c. Seventh

23
The most controversial and frequently challenged
aspect of the jury process has been

• a. arbitrary findings. d. jury selection.
• b. juror compensation. e. jury size.
• c. jury sequestration.

24
The Eighth Amendment prohibits

• a. excessive bail or fines.
• b. unreasonable searches and seizures.
• c. cruel and unusual punishments.
• d. options a and c.
• e. all of the above.

25
In 1972, the Supreme Court concluded that the
death penalty as imposed by the states
constituted cruel and unusual punishment in the
case

• Palko v. d. McKleskey v.
• Connecticut . Kemp.
• b. Furman v. Georgia. e. Bowers v.
• c. Gregg v. Georgia. Hardwick.

26
The leading interest group opponent of the death
penalty in the 1960s was the

• a. American Civil Liberties Union (ACLU).
• b. National Organization for Women (NOW).
• c. Southern Christian Leadership Conference
  (SCLC).
• d. National Organization for the Advancement of
  Colored People (NAACP).
• e. Southern Poverty Center (SPC).

27
In 1976, the Supreme Court reversed its earlier
rejection of the death penalty in the case

• a. Furman v. Georgia. d. Palko v.
• b. McKleskey v. Kemp. Connecticut.
• c. Fulton v. New York. e. Gregg v. Georgia.

28
The right to privacy stems from the idea that
some areas of life are off limits to governmental
regulation, and is inferred from constitutional
rights such as

• a. religious freedom. d. guarantees
  against
• b. freedom of speech. unreasonable search
  
• c. the right to be left and seizures.
• alone. e. all of
  the above.
  

29
In the case Griswold v. Connecticut, the Supreme
Court ruled that the First, Third, Fourth, Fifth,
and Fourteenth Amendments cast penumbras,
thereby creating

• a. a womans constitutional right to terminate a
  pregnancy.
• b. the right to privacy.
• c. the right of women to use birth control.
• d. options b and c.
• e. all of the above.

30
In 1973, the Supreme Court ruled in __ by a 7-2
vote that women had a right to abortion in the
first and second trimesters of pregnancy (and to
save the life and health of the mother).

• a. Griswold v. Connecticut d. Roe v. Wade
• b. Bowers v. Hardwick e. Webster v.
• c. Planned Parenthood v. Reproductive
• Casey
  Health Services

31
The Supreme Court ruled in __ that state laws
that criminalized homosexual sodomy (while
explicitly declining to criminalize heterosexual
sodomy) were unconstitutional.

• a. Bowers v. Hardwick d.Gregg v. Georgia
• b. Lawrence v. Texas e. Gay Pride v. the
• c. Gregg v. Georgia Municipal
  Govt. of
  Woodward, OK

32
True/False Universe
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In 1789, most state constitutions did not provide
explicit protection for personal liberties.

• a. True b. False

34
The first ten amendments to the Constitution are
referred to as the Bill of Rights.

• a. True b. False

35
The incorporation doctrine is a principle used to
limit the powers of the the national government
in the realm of civil rights and liberties.

• a. True b. False

36
By now, the Supreme Court has fully incorporated
the Bill of Rights protections to the states.

• a. True b. False

37
The establishment clause prohibits the national
government from establishing a national religion
and is found in the First Amendment.

• a. True b. False

38
Because of the First Amendment, there is no
prayer allowed at any public ceremony.

• a. True b. False

39
In general, the recent trend of the Court has
been to lower the wall of separation between
church and state.

• a. True b. False

40
The First Amendment prohibition on limits to free
speech has been interpreted by the Court to mean
that Congress cannot infringe upon any type of
speech.

• a. True b. False

41
The Court has ruled that speech could be
restricted if it presented a clear and present
danger to society.

• a. True b. False

42
The advocacy of illegal action is protected by
the First Amendment unless imminent lawless
action is like to occur as a result of that
speech act.

• a. True b. False

43
In New York Times v. Sullivan (1964), the Supreme
Court made it extremely difficult for public
figures to successfully pursue a libel claim
against journalists or other media figures.

• a. True b. False

44
The ruling in Miller v. California made it easier
for states to regulate pornography.

• a. True b. False

45
The Supreme Court upheld provisions of the 1996
Communications Decency Act, designed to protect
children form pornography on the Internet.

• a. True b. False

46
The Supreme Court has ruled that police do not
need a search warrant if a search is pursuant to
an arrest or if items are in plain view.

• a. True b. False

47
In interpreting the Fourth Amendment, the Supreme
Court ahs ruled that police always need a search
warrant in order to conduct a search.

• a. True b. False

48
The Fifth Amendment includes your constitutional
right to protection against self-incrimination.

• a. True b. False

49
Drug testing is a controversial Fourth Amendment
issue.

• a True b. False

50
The long term viability of the Miranda rule has
been questioned by some members of the present
Supreme Court.

• a. True b. False

51
The Fifth Amendment guarantees the right to legal
counsel if one is accused of a crime.

• a. True b. False

52
The Eighth Amendment clearly implies that the
death penalty is unconstitutional because it is
cruel and usual punishment.

• a. True b. False

53
The right to privacy is clearly enumerated in the
Bill of Rights.

• a. True b. False

54
In the case Roe v. Wade (1973), the Supreme Court
ruled that the state had a right to regulate
second trimester abortions, and that in the third
trimester abortions could only be legal is the
life and health of the mother were at stake.

• a. True b. False

55
The Supreme Court has broadly interpreted the
right to privacy to include the right to engage
in homosexual acts.

• a. True b. False