civil liberties

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ? A Commerce clause B Free exercise clause C Due process clause D Equal protection clause

Due process clause

Interest groups are protected under the Constitution by the A provisions of Article I, Section 8 B First Amendment C Ninth Amendment D Tenth Amendment E Fourteenth Amendment

First Amendment

The process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as A judicial review B incorporation C broad construction D federalism E stare decisis

incorporation

The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to A remain silent B be represented by a lawyer C negotiate a plea bargain D demand a writ of habeas corpus E receive a speedy and public trial

negotiate a plea bargain

The Constitution and its amendments expressly prohibit all of the following EXCEPT A slavery B double jeopardy C cruel and unusual punishment D unreasonable searches and seizures E sex discrimination in employment

sex discrimination in employment

Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ? A A newspaper prints an editorial supporting executive action by the president. B A student sues a public school that institutes a mandatory prayer ceremony. C A citizen calls a member of Congress to persuade her to vote yes on a bill. D A religious group practices a religious ritual that is in conflict with a local law.

A citizen calls a member of Congress to persuade her to vote yes on a bill.

Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment? A A student wears a T-shirt to public school portraying an illegal substance. B A person legally purchases a firearm for the purpose of self-defense. C A person wears a necklace bearing a Christian cross to work. D A state mandates the reading of a prayer at the beginning of the school day.

A person wears a necklace bearing a Christian cross to work.

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court? A A witness is called to testify against a suspect accused of plotting a terrorist attack. B A police officer acts to stop a crime while it is being committed but does so without a warrant. C A person who is unable to afford an attorney is tried and convicted of a crime without legal representation. D A suspect is informed of the right to an attorney but confesses to a crime prior to receiving legal advice.

A person who is unable to afford an attorney is tried and convicted of a crime without legal representation.

Which of the following would most likely be protected by the First Amendment? A A reporter knowingly publishes a false story that injures the subject's reputation. B A student wears a black armband at school to protest government involvement in a war. C An individual issues a threat against another individual on social media. D An individual spray paints graffiti on a public building to protest a government action.

A student wears a black armband at school to protest government involvement in a war.

Which of the following pairs of cases used the Fourteenth Amendment's due process clause to expand individual liberties? A Case 1 Case 2 Schenck v. United States (1919) Engel v. Vitale (1962) B Case 1. Case 2 McCulloch v. Maryland (1819). New York Times Company v. United States (1971) C Case 1Case 2. Marbury v. Madison (1803) McDonald v. Chicago (2010) D Case 1 Case 2 Roe v. Wade (1973) Gideon v. Wainwright (1963)

Case 1 Case 2 Roe v. Wade (1973) Gideon v. Wainwright (1963)

To which level of government did the Bill of Rights originally apply? A State governments only B Federal government only C State and federal governments only D Local and federal governments only E Local, state, and federal governments

Federal government only

Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's A Preamble B necessary and proper clause C supremacy clause D Tenth Amendment E Fourteenth Amendment

Fourteenth Amendment

The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent? A The president has the authority to stop the publication of the story because the administration has asserted that the information in the story threatens national security. B Although the documents have already been obtained by the press, a court must review the documents prior to publication to ensure that no information that threatens national security is made public. C Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press. D Because the president's staff leaked the documents and the newspaper obtained them in a legal manner, they may be published without prior restraint

Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press.

Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Wisconsin v. Yoder (1972) D Gideon v. Wainwright (1963)

Gideon v. Wainwright (1963)

Which of the following best describes a purpose of the Establishment Clause? A It gives Congress the power to protect civil rights and civil liberties. B It prohibits Congress from establishing a state religion. C It empowers Congress to create a national bank. D It prevents Congress from prohibiting the possession of guns on school grounds. E It grants Congress the power to establish post roads and post offices.

It prohibits Congress from establishing a state religion.

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court? A It protects the right to express opinions even without the actual use of words. B It protects the use of language deemed obscene by the courts. C It allows citizens to disobey laws that they believe to be unjust. D It is protected from infringement by the federal government but not from infringement by state governments. E It cannot be limited in any manner.

It protects the right to express opinions even without the actual use of words.

The establishment clause in the First Amendment does which of the following? A Guarantees freedom of speech to all citizens. B Prevents prior restraint of the press. C Prohibits the setting up of a state church. D Defines the concept of dual citizenship. E Allows citizens to enter freely into contracts with other citizens.

Prohibits the setting up of a state church.

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment? A Protected by the First Amendment Libel/slander Not Protected by the First Amendment Fighting words B Protected by the First Amendment Freedom of religion Not Protected by the First Amendment Freedom of assembly C Protected by the First Amendment The right to burn a flag Not Protected by the First Amendment Obscenity D Protected by the First Amendment Online newspapers Not Protected by the First Amendment The right of a student to pray in school

Protected by the First Amendment The right to burn a flag Not Protected by the First Amendment Obscenity

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario? A Tinker v. Des Moines Independent Community School District (1969) B Engel v. Vitale (1962) C New York Times v. United States (1971) D Schenck v. United States (1919)

Schenck v. United States (1919)

In the case of McDonald v. Chicago (2010) the Supreme Court ruled that the Second Amendment right to keep and bear arms for self-defense was applicable to the states. This ruling is an example of the application of the doctrine of A Strict scrutiny B Selective incorporation C Stare decisis D Literalism

Selective incorporation

The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision? A Full faith and credit B Selective incorporation C Equal protection D Eminent domain

Selective incorporation

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? A The necessary and proper clause B The Fourteenth Amendment C The Judiciary Act of 1789 D The Civil Rights Act of 1964 E The Voting Rights Act of 1965

The Fourteenth Amendment

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? A The First Amendment right to petition the government for a redress of grievances B The Fourth Amendment protection against unreasonable search and seizure C The Fifth Amendment protection against self-incrimination D The Eighth Amendment protection against cruel and unusual punishment E The Tenth Amendment right of states to powers not given to the national government

The Fourth Amendment protection against unreasonable search and seizure

In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition." The quote points to which of the following amendments to the United States Constitution as a basis to limit state action? A The First Amendment B The Second Amendment C The Third Amendment D The Fourth Amendment

The Second Amendment

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ? A The equal protection clause of the Fourteenth Amendment requires Congress to protect an individual's ability to keep and bear arms under the Second Amendment. B The Second Amendment is a collective right and not one intended for individual application. C The full faith and credit clause requires the state of Illinois to respect the laws of neighboring states concerning the right to keep and bear arms. D The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.

The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.

The Supreme Court has ruled which of the following concerning the death penalty? A A state may not impose the death penalty on a noncitizen. B Lethal injection is the only constitutionally acceptable method of execution. C Females may not be executed. D The death penalty is not necessarily cruel and unusual punishment. E The death penalty violates the Fifth Amendment of the Constitution.

The death penalty is not necessarily cruel and unusual punishment.

In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home for the purpose of self-defense" and that the Second Amendment applied to the states through which of the following constitutional clauses? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment

The due process clause of the Fourteenth Amendment

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules? A The application of strict scrutiny B The exclusionary rule for evidence C The heavy presumption against prior restraint D Time, place, and manner restrictions

The heavy presumption against prior restraint

Which of the following is one of the central concerns of the First Amendment? A The supremacy of the national over the state governments B The right of citizens to bear arms C The division of powers among the three branches of government D The right of citizens to petition the government for redress of grievances E The protection of the rights of those accused of committing a crime

The right of citizens to petition the government for redress of grievances

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs? A Engel v. Vitale (1962) B Wisconsin v. Yoder (1972) C Tinker v. Des Moines Independent Community School District (1969) D New York Times Co. v. United States (1971)

Tinker v. Des Moines Independent Community School District (1969)

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? A When an individual claims that a right protected by the Bill of Rights is infringed upon by a state B When there is a conflict among the branches of the national government C When a federal policy shifting oversight authority from a national agency to a state agency is challenged D When a former employee files a wrongful termination claim against a company headquartered in another state

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs? A United States v. Lopez (1995) B Brown v. Board of Education of Topeka (1954) C Tinker v. Des Moines Independent Community School District (1969) D Wisconsin v. Yoder (1972)

Wisconsin v. Yoder (1972)

With respect to prayer in public schools, the United States Supreme Court has ruled that A state-sponsored prayer violates the establishment clause of the First Amendment B state-sponsored prayer is permitted by the free exercise clause of the First Amendment C since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer D the free exercise clause permits teachers to mandate silent prayer E in school districts in which local authorities can demonstrate that all students belong to a single religion, mandated prayer is permissible

state-sponsored prayer violates the establishment clause of the First Amendment

According to the clear and present danger test, speech may be restricted A when it incites violent action B when it lacks a political purpose C whenever the United States is at war D if it is deemed offensive to religious organizations E if the writer or speaker is not a citizen of the United States

when it incites violent action

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment? A A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change. B A group with offensive signs is denied a permit to march through the streets because local residents and businesses oppose the group's message. C A person is arrested after making a threat to police officers who are investigating a crime scene. D A newspaper publishes an article that publicly defames the reputation of a private individual.

A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.

Which of the following statements best describes how United States citizens regard the rights of free speech and assembly? A A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support. B A majority actively supports these rights without any reservations. C A majority opposes these rights in principle. D The average citizen is more supportive of these rights than are members of the elite. E Conservatives have traditionally been more supportive of these rights than have liberals.

A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support.

Which of the following is most likely to be considered speech that is protected by the First Amendment? A A newspaper publishes a factually untrue article that defames the reputation of a public individual. B A group of people who are upset with a judge's decision stage a protest on the judge's private property. C An individual posts something on social media that is highly critical of the president. D A person threatens to commit an act of violence in an online video.

An individual posts something on social media that is highly critical of the president.

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions? A A student is expelled from school for wearing a black T-shirt expressing opposition to a law recently passed by the state legislature. B An organization regarded as a hate group is not able to obtain a permit to march through a major city because of its message. C Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour. D An independent political advocacy organization is prevented by the Federal Communications Commission (FCC) from running political advertisements on television.

Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour.

A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court's decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court's decision, which of the following lines of reasoning does the court most likely use? A Freedom of the press cannot be abridged except for restrictions on time, place, and manner of the communication. B Freedom of the press requires that the government show a significant danger to national security in order to stop publication. C Freedom of the press permits the press to print any story, but if the story embarrasses public officials, they can sue under defamation laws. D Freedom of the press cannot be abridged by the actions of the president without a law passed by Congress.

Freedom of the press requires that the government show a significant danger to national security in order to stop publication.

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling? A It ruled that the state had an overarching right to compel students to listen to a nondenominational prayer led by public school teachers, finding such action permissible under the Tenth Amendment. B It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation. C It balanced the school's interest in providing for an open and peaceful frame of mind for the school day with the interest of the students in not being subjected to the prayer, ultimately ruling for the state. D It rejected the student complaint, as public school students have no free exercise rights in school.

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less. . . . Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons." Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 Which of the following Supreme Court cases is most relevant to the topic of the article? A Engel v. Vitale (1962) B Baker v. Carr (1962) C McCulloch v. Maryland (1819) D McDonald v. Chicago (2010)

McDonald v. Chicago (2010)

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Baker v. Carr (1962) D McCulloch v. Maryland (1819)

McDonald v. Chicago (2010)

In Gideon v. Wainwright, the United States Supreme Court ruled that the A Bible could be distributed at public schools under the free exercise clause of the First Amendment B exclusionary rule prevented the introduction of evidence seized in violation of the Fourth Amendment from being introduced in court C eminent domain clause of the Fifth Amendment prevents government from taking religious property for public purposes D Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws E Eighth Amendment cruel-and-unusual-punishment provision cannot be applied in a discriminatory manner

Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws

Which of the following is a principle underlying the Bill of Rights? A The people should control all aspects of governance. B Some rights are fundamental and should not be subject to majoritarian control. C The legislature should be the most powerful branch of government. D All people should be guaranteed the same rights, whether they are citizens or not. E It is groups rather than individuals that have fundamental rights and immunities.

Some rights are fundamental and should not be subject to majoritarian control.

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate? A The interstate commerce clause B The free exercise clause C The supremacy clause D The establishment clause

The establishment clause

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial? A The writ of habeas corpus B The exclusionary rule C The Miranda warning D The protection against ex post facto

The exclusionary rule

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could A ban obscene materials B suspend habeas corpus protections C mobilize the National Guard D limit free speech E commit troops to situations of potential foreign combat

limit free speech

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to A expand presidential power B restrict the application of judicial review C make most rights contained in the Bill of Rights applicable to the states D prevent states from taxing agencies of the federal government E limit the use of the legislative veto

make most rights contained in the Bill of Rights applicable to the states

The free-exercise clause protects A the president from forcibly revealing private conversations with staff B individuals who, for religious reasons, refuse to pay Social Security taxes C voluntary prayer by student groups before school D a person's right to burn the American flag E a person's right to practice polygamy

voluntary prayer by student groups before school