Chapter 5
Which branch of the federal government is designed to play a key role protecting civil liberties in the United States? Legislative Executive Judicial Federal
Judicial
What are the first ten amendments to the U.S. Constitution called? Bill of Liberties Incorporated rights Bill of Rights Decile provision
Bill of Rights
Incorporation of provisions of the Bill of Rights into the Fourteenth Amendment occurred through which of the following? Judicial interpretation Legislative mandate The amendment process State constitutional conventions
Judicial interpretation
In 1833, in the case of Barron v. Baltimore, the Supreme Court reasoned that the whole thrust of the Bill of Rights was directed exclusively at restraining state power. directed at restraining federal and state power equally. advisory in nature, directed at neither the federal government nor the states. directed exclusively at restraining federal power.
directed exclusively at restraining federal power.
The effect of the Supreme Court's decision in Gideon v. Wainwright has been to prevent those accused of a crime from being forced to give a confession. ensure that defendants in criminal cases have the right to counsel through all stages of the legal process. limit the admission of evidence at trial that was illegally collected. prevent the use of the death penalty because it is cruel and unusual punishment.
ensure that defendants in criminal cases have the right to counsel through all stages of the legal process.
Over the past century, determination of national civil liberties policy has shifted from nearly the exclusive jurisdiction of states and communities to Washington, D.C. from nearly the exclusive jurisdiction of Washington, D.C., to states and communities. from nearly the exclusive jurisdiction of courts to the executive. from nearly the exclusive jurisdiction of Congress to the states' legislatures.
from nearly the exclusive jurisdiction of states and communities to Washington, D.C.
A unified national citizenship is provided for in the Constitution In the national citizen clause of Article I. only by implication. in the first sentence of the Fourteenth Amendment. expressly in the Declaration of Independence.
in the first sentence of the Fourteenth Amendment.
The Supreme Court first began selectively incorporating into the Fourteenth Amendment those provisions of the Bill of Rights dealing with personal freedoms such as those protected in the Fifth Amendment. the Third Amendment prohibition against quartering soldiers. state election laws. the right to bear arms.
personal freedoms such as those protected in the Fifth Amendment.
The first provision of the Bill of Rights to be incorporated by the Supreme Court into the Fourteenth Amendment's due process clause was the Fifth Amendment's ban on taking private property without just compensation. the equal protection clause. the Ninth Amendment's right to privacy. the Sixth Amendment's right to a jury trial when accused of a felony.
the Fifth Amendment's ban on taking private property without just compensation.
Which test stands as an example of the Supreme Court's modern tendency to protect speech that the majority of Americans dislike or find offensive? Schenck test Brandenburg test Gitlow test Snyder test
Brandenburg test
Although in Gitlow v. New York, the Supreme Court established the Fourteenth Amendment's jurisdiction over the states, when it came to free speech, which of the following was also true? The Court soon expressed regret for the decision because the freed defendant, Benjamin Gitlow, started a violent riot with one of his speeches. The State of New York declined to follow the ruling by the Supreme Court order and executed Gitlow. Defendant Gitlow's nomination to the Supreme Court some twenty-five years later was defeated because of his early activism. Defendant Gitlow still had his state-level conviction upheld and went to prison.
Defendant Gitlow still had his state-level conviction upheld and went to prison.
Which of the following is true about the Supreme Court's 1973 opinion in Roe v. Wade? It was the first case to recognize a constitutional right to privacy. It was the first time the Court had ruled on any issue regarding the decision of an individual to bear a child. It legalized abortion despite the fact that all fifty states at the time had laws prohibiting abortions. It ended abortion's varying legality across the states.
It ended abortion's varying legality across the states
Why did the Constitution not seriously address the question of civil liberties? The Framers believed the solution to tyranny rested on correctly designed institutions that balanced interests through competition. The Framers believed that the federal government would not have enough power to threaten the liberties of citizens. The Antifederalists insisted on removing the planned constitutional limitations to limit the scope of federal responsibilities. The delegates were not able to engage in bargaining and compromise to reach an agreement on what such protections should look like.
The Framers believed the solution to tyranny rested on correctly designed institutions that balanced interests through competition.
What similarities exist between the development of civil rights and civil liberties? For both civil rights and civil liberties, executive action by the President was decisive. The expansion of civil liberties and civil rights was possible once the ability of opponents to use the filibuster in the Senate was broken. For both civil rights and civil liberties, constitutional amendments and the judiciary played vital roles in expansion. There really are no similarities because they deal with completely different issues.
For both civil rights and civil liberties, constitutional amendments and the judiciary played vital roles in expansion.
Despite the Fifth Amendment's ban on self-incrimination, a witness can be compelled to testify against himself under which of the following circumstances? If accused of treason When there is a clear and present danger to the public if the defendant refused to testify If granted immunity from prosecution When prosecuted by the federal government for a state crime
If granted immunity from prosecution
What is the name of the process that uses the Fourteenth Amendment to make the Bill of Rights binding on the actions of state governments and not just the federal government? Enumeration Incorporation Socialization Polarization
Incorporation
The Bill of Rights has, during the twentieth century gradually by incorporation, come to be accepted as national policy that applies to every level of government. been so seriously restricted that most civil liberties are primarily protected by state law. been incorporated into each state constitution so that all 50 states now actually have the exact language of the Bill of Rights amended onto each state constitution. become unimportant as rights no longer cause much political discord.
gradually by incorporation, come to be accepted as national policy that applies to every level of government.
The Roberts Court has been distinguished by a growing trend of deciding cases involving civil liberties unanimously. has been distinguished by deciding relatively few civil liberties cases. has been distinguished by deciding many cases involving civil liberties with a conservative 5-4 majority. has been distinguished by deciding many cases involving civil liberties with a liberal 5-4 majority.
has been distinguished by deciding many cases involving civil liberties with a conservative 5-4 majority.
The rulings of the Supreme Court on criminal rights are perfectly consistent with the preferences of the American public. have changed so that rights previously incorporated have been rolled back or eliminated. are limited because public safety and law enforcement are the responsibility of state and local governments. have become less supportive than they were during the 1960s.
have become less supportive than they were during the 1960s.
Supreme Court rulings on the Second Amendment have left the lower federal courts to define the parameters of Second Amendment rights. have significantly weakened the individual rights arguments. imposed strict limitations on when and where citizens can carry guns. adopted a liberal interpretation of the amendment so citizens are free to carry any type of weapon they desire.
have left the lower federal courts to define the parameters of Second Amendment rights.
The constitutional right to privacy is to be found in the Constitution's penumbras, which are best defined as implicit zones of protected privacy rights on which the existence of explicit rights depend. those rights that are explicitly set forth in the Bill of Rights. those rights incorporated into the Constitution from the state constitutions. those explicit rights contained in the Fourteenth Amendment.
implicit zones of protected privacy rights on which the existence of explicit rights depend.
Advances in national civil liberties policy have frequently involved simply majoritarian decision making such as the ballot initiative process. undermining the constraints of the Constitution. reigning in majorities that assert their prerogatives over the objections of individuals and groups who did not wish to conform to prevailing social norms and rules. reigning minorities that assert their prerogatives despite the objections of majorities.
reigning in majorities that assert their prerogatives over the objections of individuals and groups who did not wish to conform to prevailing social norms and rules.
The free exercise clause of the First Amendment has been interpreted to allow which of the following? Door-to-door solicitations but not animal sacrifice Animal sacrifice and door-to-door solicitations Animal sacrifice but not door-to-door solicitations Neither the ingestion of peyote nor door-to-door solicitations
Animal sacrifice and door-to-door solicitations
The Supreme Court has held the death penalty to be which of the following? Cruel and unusual under the Eighth Amendment, which means it is unconstitutional Constitutional throughout the history of the country Constitutional for the federal government but cruel and unusual for the states to carry out Constitutional since 1976 after the State of Georgia separated trials from sentencing so juries could consider aggravating and mitigating circumstances
Constitutional since 1976 after the State of Georgia separated trials from sentencing so juries could consider aggravating and mitigating circumstances
Which of the following is true about the religious freedom provision of the First Amendment, which prohibits any legislation respecting an establishment of religion or prohibiting the free exercise thereof? It has never been incorporated into the Fourteenth Amendment. It confirms that the country was founded as a Christian nation. It requires the states to tax churches and other major religious institutions at the same rate as businesses. It at first only applied to actions of the federal government.
It at first only applied to actions of the federal government.
How has Madison's vision of the national government as the ultimate guarantor of individual rights fared throughout the years? It has never been realized. It has been successfully discredited by the Supreme Court. It has largely been shown to be inaccurate by state action. It has largely been realized.
It has largely been realized.
Which of the following is true about the religious freedom provision of the First Amendment? It established official churches in the early colonies. It has been limited by the Fourteenth Amendment. It applied restrictions on the states and the national government as soon as it was ratified. It prohibits Congress from passing any legislation "respecting an establishment of religion, or prohibiting the free exercise thereof."
It prohibits Congress from passing any legislation "respecting an establishment of religion, or prohibiting the free exercise thereof."
Which of the following best describes the language of the Bill of Rights? It seems generally clear and unequivocal but sometimes is ambiguous. It allows wide latitude to politicians who want to change its constitutionally protected liberties. It is never in conflict with other equally clear constitutional provisions. It is so vague as to be meaningless until either Congress or the Supreme Court expands and defines its meaning.
It seems generally clear and unequivocal but sometimes is ambiguous.
The case of Miller v. California reformulated the standard for obscenity and did which of the following? It shifted primary authority for obscenity policy back to the states and, implicitly, to local governments. It removed state and local government authority for determining obscenity policy. It upheld the federal Child Online Protection Act. It established barriers to the transnational transmission of pornography on the Internet.
It shifted primary authority for obscenity policy back to the states and, implicitly, to local governments.
Which of the following statements about judicial ideology and civil liberties is most accurate? Judicial ideology allows elected officeholders to keep the judiciary from straying too far from the majority opinion in the country. The lack of advice and consent gives the President the ability to bend the Supreme Court to his will on matters of civil liberties. Judicial ideology is unimportant because there is broad support for civil liberties in the United States. Judges are unpredictable in the patterns of voting so it makes it very hard for the other branches of the government to predict what the Supreme Court might do.
Judicial ideology allows elected officeholders to keep the judiciary from straying too far from the majority opinion in the country.
The Bill of Rights was designed to do which of the following? Ensure that national majorities could impose their preferences on the press and the behavior of the citizenry Simply limit the capacity of state-level majorities to impose their preferences on the press and the behavior of the citizenry Maximize the capacity of the national government to enact the policy preferences of majorities Limit the capacity of government to impose conformity costs on those individuals and minorities whose views differ from the majority
Limit the capacity of government to impose conformity costs on those individuals and minorities whose views differ from the majority
Although the First Amendment guarantees the freedom of religion, before independence which of the following was true? Many of the early colonies designated official churches that believers and nonbelievers alike were forced to attend and support with taxes. The freedom of religion was guaranteed in the last paragraph of the Articles of Confederation. The freedom of religion was guaranteed in the Fourteenth Amendment of the Articles of Confederation. There were so few different religions that the colonists felt that there was no need for such protections.
Many of the early colonies designated official churches that believers and nonbelievers alike were forced to attend and support with taxes.
The Supreme Court has held all of the following to be expression protected by the First Amendment except which of the following? Wearing black armbands Burning the American flag Obscenity Protesting at military funerals
Obscenity
In part, the incorporation decisions handed down by the Supreme Court since 1925 have done which of the following? Severely limited the ability of individuals to seek redress in federal court for violations of their constitutional rights Caused a dramatic decrease in the size of the civil liberties docket of the Supreme Court Forced the states to amend their own constitutions to be more like the Constitution Offered new opportunities for litigation and have generated the dramatic growth in the civil liberties docket of the Supreme Court
Offered new opportunities for litigation and have generated the dramatic growth in the civil liberties docket of the Supreme Court
The "criminal anarchy" for which Benjamin Gitlow was arrested and convicted was which of the following? Violently resisting the draft Committing arson Organizing labor strikes Attempting to assassinate a New York senator
Organizing labor strikes
Currently, the most accurate statement about the application of the Bill of Rights to the states is which of the following? No provisions of the Bill of Rights are applied to the states. Some of the provisions of the Bill of Rights are still not applied to the states. The Bill of Rights has been added by formal amendment to the constitution of each state. All of the provisions of the Bill of Rights are now applied to the states.
Some of the provisions of the Bill of Rights are still not applied to the states.
In Federalist No. 84 Alexander Hamilton poses the question, "Why declare that things shall not be done which there is no power to do?" He was expressing which of the following concerns? That the federal government would go too far in protecting civil rights That the people would have too much freedom That the Supreme Court would overrule Congress That a list of rights in the Constitution might imply that the federal government had the authority to restrict the freedoms not expressly protected
That a list of rights in the Constitution might imply that the federal government had the authority to restrict the freedoms not expressly protected
Which of the following has been a problem for the Supreme Court and law enforcement when it comes to obscenity? The Court is split 5-4 on whether obscenity is protected by the Constitution. The Court has not been able to make a distinction between sexually explicit images and sexually explicit animation. The Court has not adequately defined obscenity and drafted objective standards that enable judges and police to distinguish the merely pornographic or sexually explicit from the truly obscene. The Court has adequately suppressed pornography that appears in the form of the press, such as magazines at convenience stores.
The Court has not adequately defined obscenity and drafted objective standards that enable judges and police to distinguish the merely pornographic or sexually explicit from the truly obscene.
Which of the following statements about Supreme Court rulings on freedom of speech is most accurate? The Supreme Court provides equal protection for all kinds of speech. The Supreme Court has narrowly interpreted the First Amendment so few kinds of speech are protected. The Supreme Court has imposed strict limits on political speech to promote greater civility in politics. The Supreme Court has provided a high level of protection to speech that is expressly political, but there are limits to even this kind of speech.
The Supreme Court has provided a high level of protection to speech that is expressly political, but there are limits to even this kind of speech.
The difficulty with the doctrine for obscenity policy as set forth by the Supreme Court in the 1957 case Roth v. United States is which of the following? The language was so ambiguous that future Courts translated the ruling into future libertarian victories. It fails to address material that appeals to prurient interests. Every key word in the passage is so unambiguous that it is not subject to local interpretation. It so narrowly defines obscenity that it only applies to very specific kinds of materials.
The language was so ambiguous that future Courts translated the ruling into future libertarian victories.
Which of the following statements about civil liberties is accurate? They have always had a prominent role in national discussions. Their expansion is often controversial through the establishment of new laws, judicial rulings, or changes in information and communications technology. They can only be extended through legislative action. Civil liberties receive much less attention than civil rights.
Their expansion is often controversial through the establishment of new laws, judicial rulings, or changes in information and communications technology.
Although the Antifederalists lost their battle against ratification of the Constitution, which of the following is true? They ultimately prevailed when the Court struck it down. They salvaged a major political concession in the Bill of Rights, which is their chief legacy to future generations of Americans. They were able to achieve their political goals by winning all of the early Senate elections. They ultimately prevailed when they orchestrated the impeachment of John Marshall.
They salvaged a major political concession in the Bill of Rights, which is their chief legacy to future generations of Americans.
Which of the following statements about school prayer is accurate? The Supreme Court ruled that school prayer was constitutional in Engel v. Vitale (1962). Congress passed a constitutional amendment allowing school prayer, but not enough states ratified the amendment. Until very recently, this issue seemed to be an exception to the rule that Supreme Court decisions do not stray very far beyond the bounds of citizen opinion. Most of the states accepted Supreme Court rulings and complied with them.
Until very recently, this issue seemed to be an exception to the rule that Supreme Court decisions do not stray very far beyond the bounds of citizen opinion.
The Supreme Court has interpreted the Fourth Amendment to allow for police searches and seizures of evidence without a warrant under all of the following circumstances, except for which of the following? When searching to ensure evidence is not lost When the search occurs in "hot pursuit" of a suspect in the act of committing a crime When using a thermal imaging device to conduct a blanket sweep of neighborhoods to search for basement marijuana fields When searching with the consent of the suspect
When using a thermal imaging device to conduct a blanket sweep of neighborhoods to search for basement marijuana fields
An independent press plays an indispensable role in maintaining a representative democracy for which of the following reasons? Because it is typically run by the journalistic elite, who are better equipped to know for whom to vote than the average citizen. Without reliable information about the performance of officeholders, citizens would be hard-pressed to monitor their agents, and politicians would find it difficult to communicate with their constituents. Because otherwise consumers have few opportunities to be exposed to commercial print ads. Because the government has elaborate authority to initiate prior restraint.
Without reliable information about the performance of officeholders, citizens would be hard-pressed to monitor their agents, and politicians would find it difficult to communicate with their constituents.
The second sentence of the Fourteenth Amendment, which includes both the "equal protection clause" and the "due process clause," means in part that states are equally protected from the federal government dictating the process through which taxes are paid when due. all persons enjoy the same civil liberties and rights, which the states cannot deny without following reasonable, legally established procedures applied equally to everyone. all citizens enjoy the same civil liberties and rights that the states cannot deny without following reasonable, federally established procedures applied equally to all citizens and enforced through the federal marshals program. all persons enjoy the same civil liberties and rights that the federal government cannot deny without following reasonable procedures established by the states and applied as each state sees fit to all citizens.
all persons enjoy the same civil liberties and rights, which the states cannot deny without following reasonable, legally established procedures applied equally to everyone.
Madison and Jefferson both subscribed to the view that the First Amendment erects a "wall of separation between church and state" but this is only one interpretation, as separation is not mentioned in the Constitution itself. but all of the other Founders were clear and unequivocal that the government was grounded in and relied on Judeo-Christian religious doctrine. although the Constitution specifically calls for the federal promotion of "religious values." but the Supreme Court has never addressed government entanglement in religion.
but this is only one interpretation, as separation is not mentioned in the Constitution itself.
The Lemon test was designed to determine whether the federal government had established religion. determine whether the federal government prevented the free exercise of religion. determine whether the First Amendment could regulate obscenity. determine whether a fair public trial occurred.
determine whether the federal government had established religion.
The "clear and probable danger" test requires the Supreme Court to consider all factors when determining whether speech should be restricted. requires the Supreme Court to consider whether the gravity of the evil discounted by its probability justifies the invasion of free speech. requires the Supreme Court to consider speech protected unless the probability is so high that the act will occur. requires the Supreme Court to restrict political speech if it presents any kind of danger to public safety.
requires the Supreme Court to consider whether the gravity of the evil discounted by its probability justifies the invasion of free speech.
Judicial decisions regarding civil liberties are almost always unanimous since the language of the Bill of Rights is clear. reveal the personal and political ideologies of the justices so judicial doctrine can change as justices come and go from the bench. are remarkably consistent over time. demonstrate that judges have the capability to ignore their personal and political ideologies and make the right decision.
reveal the personal and political ideologies of the justices so judicial doctrine can change as justices come and go from the bench.
In the 1873 Slaughterhouse Cases, the Supreme Court stated that ____________________ would "fetter and degrade the State governments by subjecting them to the control of Congress." the establishment of the Food and Drug Administration the broad application of the Fourteenth Amendment to state policy the president's executive order concerning butchers in New Orleans the Emancipation Proclamation
the broad application of the Fourteenth Amendment to state policy
From the 1920s through the 1940s, the Supreme Court incorporated into the due process clause of the Fourteenth Amendment the First Amendment freedoms, which include the right to an attorney when arrested. the right to avoid quartering soldiers. speech, press, and religion. the right to bear arms.
the right to an attorney when arrested
