POS2041 Civil Liberties & Civil Rights

What legislation did Congress pass during the civil rights movement to ensure guarantee the civil rights of African Americans?

Civil Rights Act

The ______ sets monetary policy in the United States.

Federal Reserve Board

The system of government where powers are shared between the National and State Government with different powers and functions exercised by both.

Federal system

During the ratification debates on the US Constitution, what was the major difference between the Federalists and the Anti-Federalists?

Federalists favored a strong central government; Anti-Federalists wanted strong state governments

The President receives advice on matters of foreign policy from the:

National Security Advisor & Secretary of State

What is the main difference between political parties and interest groups?

Political parties attempt to capture power and govern while interest groups attempt to influence government from the outside

Presidential nominations are confirmed by the:

Senate

The ______ carries out diplomatic activity and runs the American Embassies:

State Department

Technically, in general presidential elections, voters elect:

a slate of Electors, who vote for the president

(Quiz 9): Which of the following about the civil rights movement is true? a) Dr. Martin Luther King, Jr. advocated nonviolent civil disobedience as a means to rational justice. b) African Americans were alone in the nonviolent demonstrations for civil rights. c) Dr. Martin Luther King, Jr. led the black power movement. d) Advocates of the black power movement only advocated peaceful racial assimilation.

a) Dr. Martin Luther King, Jr. advocated nonviolent civil disobedience as a means to rational justice.

(Quiz 9): Which of the following about the civil rights movement is true? a) Dr. Martin Luther King, Jr. advocated nonviolent civil disobedience as a means to rational justice. b) African Americans were alone in the nonviolent demonstrations for civil rights. c) Dr. Martin Luther King, Jr. led the black power movement. d) Advocates of the black power movement only advocated peaceful racial assimilation. e) The March on Washington for Jobs and Freedom celebrated the passage of the Voting Rights Act of 1965

a) Dr. Martin Luther King, Jr. advocated nonviolent civil disobedience as a means to rational justice.

(Quiz 9): In that case, the Supreme Court ruled that requiring payment of a poll tax in order to vote in an election at any level was unconstitutional. a) Harper v. Virginia Board of Elections (1966) b) Plessy v. Ferguson (1896) c) Brown v. The Topeka Board of Education (1954) d) Loving v. Virginia (1967)

a) Harper v. Virginia Board of Elections (1966)

Which of the following are true of the decision in Roe v. Wade? a) The Supreme Court decided that the right to privacy encompassed a right for women to terminate a pregnancy, at least under certain scenarios and/or during the first three months of pregnancy. b) The decision has not been challenged or redefined by subsequent cases. c) It limited abortions to the first trimester of pregnancy. State legislatures have the right to decide if abortions will be performed. d) It allows for abortions to be performed by licensed nurse practitioners.

a) The Supreme Court decided that the right to privacy encompassed a right for women to terminate a pregnancy, at least under certain scenarios and/or during the first three months of pregnancy.

(Quiz 9): De facto segregation means a) a form of segregation that results from the choices of individuals to live in segregated communities without government action or support. b) segregation based on different native languages. c) racial segregation based on law. d) segregation of southern European immigrants. e) segregation to a minor degree.

a) a form of segregation that results from the choices of individuals to live in segregated communities without government action or support.

(Quiz 9): The Thirteenth Amendment to the Constitution a) abolished slavery. b) forced states to alter their constitutions to end slavery by making the children of slave free while allowing slavery for existing slaves. c) mandated that all persons "will be treated as total equals from this date forward." d) allowed slavery to continue for twenty years at which time it would be ended. e) allowed slavery but banned the importation of slaves immediately.

a) abolished slavery.

(Quiz 9): The policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome the present effects of past discrimination is known as a) affirmative action. b) legislative mandate. c) civil liberties. d) civil rights.

a) affirmative action.

(Quiz 9): The Fifteenth Amendment provides that a) citizens will not be denied the right to vote based on skin color. b) children born in the United States will be granted U.S. citizenship. c) slavery and involuntary servitude would end. d) the right to vote will not be denied on the basis of religion or gender. e) the right to vote shall be determined by state laws.

a) citizens will not be denied the right to vote based on skin color.

Those are guarantees of equal treatment by government authorities. a) civil rights b) civil liberties c) common-law light d) due process clause

a) civil rights

The exclusionary rule is a policy: a) forbidding the admission of illegally seized evidence at trial. b) that prohibits the arresting officer from serving as a character witness at a hearing or trial. c) that prohibits the detention of a suspect for more than forty-eight hours without the suspect being charged. d) limited to the federal courts. e) None of the above is true.

a) forbidding the admission of illegally seized evidence at trial.

(Quiz 9): A group of white women believes that a college admissions test that is used by a public university discriminates against them. What legal standard would the courts use in deciding their case? a) intermediate scrutiny standard b) rational basis scrutiny standard c) strict scrutiny standard d) gender scrutiny standard

a) intermediate scrutiny standard

As originally presented in the Constitution, and as decided in Barron v. Baltimore, the Bill of Rights: a) limited only the power of the national government, not that of the states. b) protected citizens from all forms of government. c) protected citizens from the national and state governments, but not from local governments. d) limited only the power of state governments. e) contained no language on religion.

a) limited only the power of the national government, not that of the states.

(Quiz 9): The civil rights movement led by Dr. Martin Luther King, Jr. was based on the philosophy of a) nonviolent civil disobedience. b) divide and conquer. c) "equality for all, through strong force when necessary." d) equality of practice that did not have to exclude racial segregation. e) equality "by any means necessary."

a) nonviolent civil disobedience.

The Bill of Rights: a) protects the states and individuals from the federal government. b) allows state government to regulate religion. c) allows the national government to regulate religion. d) provides for an official state religion. e) provides protection for street drug use in religious ceremonies.

a) protects the states and individuals from the federal government.

The writ of habeas corpus is: a) the right requiring that a neutral judge decide whether someone has been lawfully detained. b) the right to legal counsel. c) the right to remain silent. d) the requirement that for a murder conviction, the police must find the dead body.

a) the right requiring that a neutral judge decide whether someone has been lawfully detained.

(Quiz 9): The Trail of Tears is the name given to the forced removal of this tribe from Georgia to Oklahoma. a) Navajo b) Cherokee c) Lakota d) Paiute

b) Cherokee

The free exercise clause, protecting freedom of religious practice is found in the: a) Fifth Amendment. b) First Amendment. c) establishment clause. d) Second Amendment. e) religious amendment.

b) First Amendment.

Based on the Miller test (1973), which of the following is one of the requirements that must be met in order to consider a work obscene? a) It must be offensive to a specific religious group. b) It must lack serious redeeming literary, artistic, political, or scientific merit. c) It must be determined to be commercial speech. d) It must employ graphics, as opposed to mere text.

b) It must lack serious redeeming literary, artistic, political, or scientific merit.

Civil liberties: a) are not particularly important in the United States. b) are limitations on government power, intended to protect freedoms that governments may not legally intrude on. c) allow the government the freedom or liberty to do what is necessary to run the country. d) are a threat to libertarians. e) None of the above is true.

b) are limitations on government power, intended to protect freedoms that governments may not legally intrude on.

(Quiz 9): In an attempt to achieve integration, a) students were sent to the school that was near to where they lived. b) busing students across neighborhoods was ordered by the courts. c) methods were determined by local committees of parents. d) busing was peacefully accomplished in many big cities. e) All the above are true.

b) busing students across neighborhoods was ordered by the courts.

Libel is: a) the amount of insurance one must have on a motor vehicle. b) defamation of character, reputation, business or property rights in writing. c) printed material that cannot be proved true. d) a form of civil rights for indigents.

b) defamation of character, reputation, business or property rights in writing.

In Article I, Section 9, the Constitution limits the power of Congress in three ways. The one below is NOT one of those three ways. a) prohibiting the passage of bills of attainder b) granting the president the power to nullify unconstitutional actions of the Congress c) limiting the ability of Congress to suspend the writ of habeas corpus. d) prohibiting ex post facto laws

b) granting the president the power to nullify unconstitutional actions of the Congress

For a public figure to obtain a damage award under libel laws, he or she must: a) show that he or she has access to the public medium to disprove the charge. b) show that the statement in question contained malicious intent or a reckless disregard for the truth. c) prove that he or she suffered from the falsehood just as much as a private person. d) prove the case beyond a shadow of a doubt.

b) show that the statement in question contained malicious intent or a reckless disregard for the truth.

(Quiz 9): The equal protection clause became part of the Constitution as a result of ________. a) affirmative action b) the Fourteenth Amendment c) intermediate scrutiny d) strict scrutiny

b) the Fourteenth Amendment

Some criticism of the Patriot Act's strengthening of governmental investigatory powers reflects: a) the framers' desire to encourage general searches. b) the fear that the increased powers may be used to silence government critics and opponents. c) concern about the right to bear arms as provided in the Second Amendment. d) strong public support of warrantless surveillance. e) defendant rights stemming from Miranda v. Arizona.

b) the fear that the increased powers may be used to silence government critics and opponents.

Slander is: a) an attempt to do bodily harm. b) the public uttering of a false statement that harms the good reputation of another, a defamation of someone's character. c) printed material that cannot be proven true. d) a law that prohibits the public from making negative statements about elected officials.

b) the public uttering of a false statement that harms the good reputation of another, a defamation of someone's character.

Which of the following provisions is not part of the First Amendment? a) the right to peaceably assemble b) the right to keep and bear arms c) the right to free speech d) the protection of freedom of religion e) the right to free Press

b) the right to keep and bear arms

(Quiz 9): The white primary in southern states allowed a) all races to participate in elections on an equal basis. b) whites to exclude African Americans from voting in Democratic primaries. c) voters to select ballots for each party based on different skin colors. d) African Americans the opportunity to vote for the first time. e) whites to exclude African Americans from voting in the general elections.

b) whites to exclude African Americans from voting in Democratic primaries.

(Quiz 9): Prior to the Civil Rights Movement, the strategies of nonviolent resistance and civil disobedience, or the refusal to obey an unjust law, had been effective in the campaign led by a) Nelson Mandela b) Rosa Luxemburg c) Mahatma Gandhi d) Antonio Gramsci

c) Mahatma Gandhi

(Quiz 9): On the issue of sexual harassment, the Supreme Court has ruled that a) employers are not responsible for harassment undertaken by their employees. b) individuals cannot be sexually harassed by members of their own gender. c) it is considered sexual harassment when words or actions of a sexual nature interfere with the employee's work or create a "hostile environment." d) it is not illegal to condition promotions on sexual favors. e) laws against sexual harassment violate the First Amendment's protection of free speech.

c) it is considered sexual harassment when words or actions of a sexual nature interfere with the employee's work or create a "hostile environment."

(Quiz 9): Civil liberties are a) guarantees by the government that it will treat people equally. b) guarantees of equality are provided by the equal protection clause of the Fourteenth Amendment. c) limitations on government power designed to protect our fundamental freedoms. d) the rights enjoyed by the minorities and people have been historically discriminated against.

c) limitations on government power designed to protect our fundamental freedoms.

It is the legal standard for determining whether a search or seizure is constitutional or a crime has been committed; it is a lower threshold than the standard of proof at a criminal trial. a) clear and present danger b) the exclusionary rule c) probable cause d) lawless imminent threat standard

c) probable cause

(Quiz 9): In Korematsu v. United States (1944), the Supreme Court ruled that a) the executive order of President FDR for the internment of the Japanese Americans was unconstitutional. b) President FDR did not have the constitutional authority to issue an executive order. c) the executive order of President FDR for the internment of the Japanese Americans was constitutional. d) the executive order of President FDR violated the principle of separation of powers and checks-and-balances.

c) the executive order of President FDR for the internment of the Japanese Americans was constitutional.

The Court has based the right to privacy on: a) the Third and Fourth Amendments. b) the Fifth Amendment. c) the Ninth Amendment. d) All of the above are true.

d) All of the above are true.

(Quiz 9): Which of the following statements about women's rights is true? a) The Nineteenth Amendment granted women the right to vote. b) Title IX guaranteed women's participation in high schools and collegiate athletics. c) Title VII of the Civil Rights Act of 1964 protects women from sex discrimination in employment. d) All the above are true.

d) All the above are true.

According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions? a) During the first trimester, the state can prevent some abortions for reasons relating to the mother's health. b) During the second trimester, the state can prevent all abortions. c) During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor. d) During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.

d) During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother.

In that case, the Supreme Court ruled that people encouraging young men to dodge the draft could be imprisoned for doing so, arguing that recommending that people disobey the law was tantamount to "falsely shouting fire in a theater and causing a panic" and thus presented a clear and present danger to public order. a) Obergefell v. Hodges (2015) b) Burwell v. Hobby Lobby (2014) c) New York Times v. Sullivan (1964) d) Schenck v. United States (1919)

d) Schenck v. United States (1919)

(Quiz 9): It is NOT one of the three Reconstruction Era amendments. a) The Fifteenth Amendment b) The Fourteenth Amendment c)The Thirteenth Amendment d) The Sixteenth Amendment

d) The Sixteenth Amendment

The double jeopardy rule in the Bill of Rights forbids which of the following? a) prosecuting someone in a state court for a criminal act he or she had been acquitted of in federal court b) prosecuting someone in federal court for a criminal act he or she had been acquitted of in a state court c) suing someone to recover damages for an act the person was found not guilty of d) a second prosecution only at the same level of government (federal or state) as the first

d) a second prosecution only at the same level of government (federal or state) as the first

(Quiz 9): In 1896, the United States Supreme Court case of Plessy v. Ferguson a) ruled that African Americans are not persons for the purposes of the Constitution. b) tried to stop the development of legal racial segregation known as Jim Crow laws. c) stated that schools may not practice any type of racial segregation. d) agreed that separation of races is not a violation of the Constitution. e) ruled that the practice of slavery must cease before the end of the century.

d) agreed that separation of races is not a violation of the Constitution.

(Quiz 9): The Civil Rights Movement a) only benefited African Americans. b) has eliminated the economic disparities between whites and minority groups. c) has eliminated poverty in most minority groups. d) has benefited many different minority groups. e) All the above are true.

d) has benefited many different minority groups.

The right to privacy has been controversial for all the following reasons EXCEPT ________. a) it is not explicitly included in the Constitution or Bill of Rights b) it has been interpreted to protect women's right to have an abortion c) the right to privacy has been interpreted to encompass a more general right for adults to have noncommercial, consensual sexual relationships in private d) it has been interpreted to take away from the states the authority to regulate sexual morality and privacy issues

d) it has been interpreted to take away from the states the authority to regulate sexual morality and privacy issues

(Quiz 9): It was NOT one of the voting barriers used to prevent African American men from exercising the right to vote granted by the Fifteenth Amendment. a) poll tax b) literacy test c) grandfather clause d) property ownership standard e) white-only primaries

d) property ownership standard

The Miranda rule: a) was overturned by a Supreme Court decision. b) forbids the admission of illegally seized material evidence at trial. c) cannot be used to prevent confessions from being introduced as evidence. d) requires that suspects be read their rights before questioning. e) All of the above are true.

d) requires that suspects be read their rights before questioning.

(Quiz 9): The Fifteenth Amendment a) outlawed slavery. b) provided equal protection under the law. c) gave eighteen-year-olds the right to vote. d) states that the right to vote shall not be abridged on account of race. e) gave women the right to vote.

d) states that the right to vote shall not be abridged on account of race.

(Quiz 9): At the world's first women's rights convention in 1848, the most contentious issue proved to be _________. a) the right to education for women b) access to the professions for women c) greater property rights for women d) suffrage for women

d) suffrage for women

Cruel and unusual punishment is prohibited by: a) the separation of powers. b) judicial review. c) the Fifth Amendment. d) the Eighth Amendment. e) the Tenth Amendment.

d) the Eighth Amendment.

Provisions of the Fifth and Fourteenth Amendments that limit government power to deny people "life, liberty, or property" on an unfair basis is know as a) the supremacy clause. b) the establishment clause. c) the equal protection clause. d) the due process clause.

d) the due process clause.

(Quiz 9): Civil rights a) include women's rights. b) resulted in legislation that secured basic rights for all Americans. c) have not always been accorded to certain groups such as Native Americans, African Americans, women, and older Americans. d) are concerned with protecting groups from discrimination. e) All the above are true.

e) All the above are true.

Obscenity: a) has been given constitutional protection. b) was effectively defined by the Supreme Court in Miller v. California. c) is considered legal free expression. d) can be illegal if it is found to violate a four-part test established by the U.S. Supreme Court in Miller v. California. e) Options B and D are true.

e) Options B and D are true. b) was effectively defined by the Supreme Court in Miller v. California. d) can be illegal if it is found to violate a four-part test established by the U.S. Supreme Court in Miller v. California.

The branch of government with the ultimate responsibility for interpreting and protecting civil liberties is:

the judiciary