PS 101 CH. 4 PRE-TEST/POST-TEST

In an attempt to pay back their student loans a bit faster, Mary and Bob commit identity theft and impersonate others to use their credit cards. The government prosecutes them but loses due to lack of evidence. After more evidence surfaces, it attempts to prosecute Mary and Bob again. In doing so, it may be violating which amendment? a.Fifth Amendment b.Second Amendment c.First Amendment d.Eighth Amendment

a. Fifth Amendment

The right to privacy was established in which case? a.Griswold v. Connecticut b.Roe v. Wade c.Gideon v. Wainwright d.Simmons v. United States

a. Griswold v. Connecticut

Which amendments comprise the Civil War Amendments? a.Thirteenth, Fourteenth, and Fifteenth b.Nineteenth, Twentieth, and Twenty-First c.First, Second, and Third d.Sixth, Seventh, and Eighth

a. Thirteenth, Fourteenth, and Fifteenth

What is the term for basic political freedoms that protect citizens from governmental abuses of power? a.civil liberties b.civil rights c.civil actions d.civil suits

a. civil liberties

Under the exclusionary rule, a.illegally or unconstitutionally acquired evidence cannot be used in a trial. b.the government cannot pass laws that unfairly exclude certain groups from participation. c.each party to a lawsuit is allowed to veto the inclusion of a certain number of jury members. d.suspects must be read their constitutional rights before anything they say can be used against them at trial.

a. illegally or unconstitutionally acquired evidence cannot be used in a trial.

Which of the following statements best defines selective incorporation? a.the Supreme Court's use of the Fourteenth Amendment to apply civil liberties in the Bill of Rights to the states on a case-by-case basis b.a passage placed in the Fourteenth Amendment to appease the Antifederalists c.the Supreme Court's use of the precedent of Barron v. Baltimore to require that states uphold liberties in the Bill of Rights d.the Supreme Court's use of the Fourteenth Amendment to apply all the civil liberties in the Bill of Rights to the states

a. the Supreme Court's use of the Fourteenth Amendment to apply civil liberties in the Bill of Rights to the states on a case-by-case basis

What does the Fourth Amendment provides protection from? a.unreasonable searches and seizures b.quartering of soldiers c.self-incrimination d.cruel and unusual punishment

a. unreasonable searches and seizures

When was the Second Amendment's right to bear arms selectively incorporated against the states? a.1950 b.2010 c.1990 d.1970

b. 2010

Why was a Bill of Rights added to the Constitution? a.Federalists were worried about government abusing power. b.Antifederalists demanded it for ratification. c.The Articles of Confederation had them and they were generally popular. d.State constitutions at the time did not protect civil liberties.

b. Antifederalists demanded it for ratification.

Which of the following is most likely to be a violation of the free exercise clause? a.Forcing the Amish to put license plates on their buggies. b.Forcing government employees to work on Friday night or Saturday if those are their days of worship. c.Outlawing the practice of having more than one wife (known as polygamy). d.Requiring religious organizations to follow child labor laws.

b. Forcing government employees to work on Friday night or Saturday if those are their days of worship.

Which of the following was among the Antifederalists' criticisms of the new Constitution? a.It limited the power of the federal judiciary. b.It lacked protections for individual liberties. c.It abolished slavery. d.It gave too much power to state governments.

b. It lacked protections for individual liberties.

In 1973, the Supreme Court established the __________ test to determine whether materials are obscene and can therefore be regulated by governments. a.lemon b.Miller c.Schenk d.Griswold

b. Miller

Why is there so much debate over the meaning of the Second Amendment? a.American public opinion is strongly in favor of gun control but the courts will not allow it. b.The wording of the right to bear arms is ambiguous and open to interpretation. c.The right to privacy is not explicitly stated anywhere in the Constitution. d.The courts keep changing the line on what constitutes freedom of political speech.

b. The wording of the right to bear arms is ambiguous and open to interpretation.

Some forms of speech, such as fighting words and slander, do not warrant the same level of protection as political speech. Why not? a.They may cause violence or other social unrest. b.They do not contribute to public debate or express ideas that have important social value. c.They are offensive to political and social minorities. d.They undermine public faith in the government.

b. They do not contribute to public debate or express ideas that have important social value.

If someone printed a leaflet urging Americans to resist the military draft, this would violate which free speech test(s)? a.just the direct incitement test b.just the clear and present danger test c.both the direct incitement and the clear and present danger tests d.neither the direct incitement nor the clear and present danger tests

b. just the clear and present danger test

In which of the following situations will evidence from a warrantless search be permissible in court? a.searching a home for an escaped prisoner but arresting the occupant for illegal pornography b.searching school lockers for stolen property if the police have probable cause c.using sobriety checkpoints that only stop certain "suspicious-looking" drivers d.forcing a middle school student to be strip-searched for drugs based on an anonymous tip

b. searching school lockers for stolen property if the police have probable cause

What document is the legal foundation for the civil liberties of American citizens? a.the Declaration of Independence b.the first 10 amendments of the Constitution c.Article I of the Constitution d.the Magna Carta

b. the first 10 amendments of the Constitution

Provided the regulation is content neutral, what types of regulation of an assembly do courts allow government to take? a.mode, media, and location b.time, place, and manner c.audience, means, and site d.theme, message, and venue

b. time, place, and manner

Basic political freedoms that protect citizens from governmental abuses of power are known as what a.inalienable rights. b.civil liberties. c.civil rights. d.selective incorporations

b.civil liberties.

What are the first 10 amendments to the U.S. Constitution known as? a.Rights of Man b.Social Contract c.Bill of Rights d.Bill of Attainder

c. Bill of Rights

Which of the following is NOT one of the three parts of the lemon test? a.Does the practice have a secular legislative purpose? b.Does the practice advance or inhibit religion? c.Does the practice discriminate against any one religion? d.Does the practice foster an excessive government entanglement with religion?

c. Does the practice discriminate against any one religion?

The due process clause of the Fourteenth Amendment a.requires state governments to process new voting applications "with all due speed." b.overrides the Fifth Amendment to the U.S. Constitution. c.forbids state governments to deny "life, liberty or property" to any person without due process of law. d.forbids the federal government to deny "life, liberty or property" to any person without due process of law.

c. forbids state governments to deny "life, liberty or property" to any person without due process of law.

Civil liberties listed in the Bill of Rights include all but which of the following? a.the right to bear arms b.freedom of speech, religion, and assembly c.freedom from discrimination d.rights of criminal defendants

c. freedom from discrimination

Which of the following options is a form of expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation, and is currently protected under the Constitution? a.fighting words b.performative speech c.hate speech d.symbolic speech

c. hate speech

The Supreme Court uses the __________ test to determine whether a practice violates the First Amendment's establishment clause. a.Miller b.Candle c.lemon d.Baker

c. lemon

Imagine that you are the editor at a major daily newspaper. The government finds out that you are about to run a story detailing sensitive government information so it sues you to prevent you from publishing it. Which of the following is the government attempting to engage in? a.perjury b.slander c.prior restraint d.libel

c. prior restraint

Miranda rights advise an individual of the Fifth Amendment's protection from a.double jeopardy. b.grand juries. c.self-incrimination. d.eminent domain.

c. self-incrimination.

In 2008, a landmark ruling recognized __________ right to bear arms for the purpose(s) of __________. a.a collective; common defense b.an individual's; common defense c.a collective; self-defense and hunting d.an individual's; self-defense and hunting

d. an individual's; self-defense and hunting

The government has been accused of violating the privacy of American citizens in its pursuit of terrorists and other international criminals. Which is an example of this trade-off? a.civil liberties for a right to privacy b.civil rights for national security c.civil rights for civil liberties d.civil liberties for national security

d. civil liberties for national security

The __________ is primarily concerned with Congress sponsoring or favoring a specific religion. a.freedom of assembly clause b.free exercise clause c.Miller test d.establishment clause

d. establishment clause

The Bill of Rights initially applied to the __________ government(s), while today the Bill of Rights applies to the __________ government(s). a.national and state; state b.national and state; national c.state; national and state d.national; national and state

d. national; national and state

In the U.S. Constitution, where are civil liberties most directly addressed? a.the equal protection clause of the Fourteenth Amendment b.the necessary and proper clause of Article I c.the Preamble d.the Bill of Rights and the due process protection of the Fourteenth Amendment

d. the Bill of Rights and the due process protection of the Fourteenth Amendment

Roe v. Wade was based on which constitutional civil liberty? a.freedom of speech b.freedom of expression c.right to trial by jury d.right to privacy

d.right to privacy

Which of the following are First Amendment rights? Choose all that apply. a.the right to a trial by jury b.freedom of religion c.the right to bear arms d.freedom of assembly

b. freedom of religion d. freedom of assembly

Which form of speech is the Supreme Court most likely to protect? a.fighting words b.hate speech c.libel d.slander

b. hate speech