Unit 3: Civil Rights & Liberties
B
10. Which of the following best defines civil liberties? A. Freedoms that give people the right to refuse to obey laws as a peaceful form of political protest B. Freedoms that give people the right to refuse to obey laws as a peaceful form of political protest C. Rights that guarantee individuals freedom from discrimination at both the state and federal levels of government D. Rights given to the states to protect them from the federal government superseding their power
C
37. The establishment clause concerns: A. assembly B. petition C. religion D. speech
C
38. In the past century, the Fourteenth Amendment has been used to: A. require that states abide by all provisions of the Bill of Rights B. extend the right to vote to women and 18-yearolds C. gradually apply the Bill of Rights to the states D. limit the national government's ability to interfere in matters affecting individual states
B
39. Libel and slander most closely come into conflict with the constitutional guarantee of: A. due process B. free speech C. equal protection under the law D. a fair trial
C
4. Which of the following civil liberties is protected under the Second Amendment? A. The right to petition the government B. The right to trial by jury C. The right to own guns D. The right to freedom of speech
C
40. The "wall of separation" doctrine refers to the: A. division between levels of government B. unique powers possessed by each branch of government C. division of church and state D. barrier between legislative chambers
D
5. Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case? A. A newspaper editor who was sued for defamation after printing an article criticizing a candidate for Senate B. A bookstore owner who was sued for displaying obscene magazines in an area where children could see them C. A member of the Ku Klux Klan is arrested for distributing pamphlets advocating racial discrimination D. A man who was arrested for waving a Nazi flag at a rally
A
6. Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)? A. Reporting on a protest calling for the end of military involvement in South Korea B. Airing a commercial from an extremist group that calls for all Americans to rise up against the government C. Publishing an article that reveals classified information about the travel route that the president plans to take to deliver a major speech D. Releasing a televised report that teaches people how to make a bomb
B
8. Which of the following amendments protects citizens from unreasonable searches and seizures? A. The Eight Amendment B. The Fourth Amendment C. The Sixth Amendment D. The Second Amendment
A
A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights. 25.This scenario is an example of which of the following? A. The "public safety" exception B. Discretionary authority C. The exclusionary rule D. Selective incorporation
C
11. Which of the following is an accurate comparison of the constitutional principles cited in Engel v. Vitale (1962) and Wisconsin v. Yoder (1972)? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
D
36. The incorporation doctrine involves: A. the use of judicial review by state courts B. the government's power to regulate corporations C. the procedures for creating a city government D. application of the Bill of Rights to the states
A
In 2006, the Supreme Court heard a case about a state banning a substance used during religious ceremonies. The state banned the substance because it contained a drug prohibited by the Controlled Substances Act. But the religious organization, O Centro Espirita Beneficiente Uniao de Vegetal (UDV) said the government was interfering with religious practices by banning the use of the substance. The Supreme Court agreed and ruled that the government did not prove a compelling interest in regulating the UDV's use of drugs for religious ceremonies. 7. Which of the following constitutional clauses does this case have in common with Wisconsin v. Yoder (1972)? A. The free exercise clause B. The due process clause C. The equal protection clause D. The establishment clause
D
In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. The Executive Director of the Planned Parenthood League of Connecticut disobeyed this law and was arrested. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights implies that people have a right to privacy. 23. Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)? A. The establishment clause B. The free exercise clause C. The equal protection clause D. The due process clause
A
"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 15. Based on the text, which of the following statements would Senator Wyden most likely agree with? A. The need for public safety should not exceed an individual's protection from unreasonable search and seizure B. The prohibition of warrantless searches of suspected criminals fails to protect citizens from potential crimes C. The Fourth Amendment does not protect the collection of digital metadata and should not require a warrant D. Protection from unreasonable searches and seizures in the Fourth Amendment can reasonably be suspended to promote public safety
A
"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) 13. Based on the text, which of the following amendments was the focus of the Court's ruling in Ford v. Wainwright (1986)? A. The Eight Amendment B. The Fourth Amendment C. The Sixth Amendment D. The Second Amendment
D
"National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans." A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015 1. Based on the text, which of the following statements would Senator Lankford most likely agree with? A. The Fourth Amendment does not explicitly cover technological data, therefore Congress needs to pass a new amendment B. The Fourth Amendment does not protect the bulk collection cell phone data and should not require a warrant C. The prohibition of warrantless searches of suspected terrorists impedes the government's ability to protect the United States from another terrorist attack D. The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security
A
12. In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled? A. The Supreme Court has usually made decisions that uphold the right of an individual to own a gun B. The Supreme Court has usually made decisions that uphold the power of the government to interrogate suspects with limited interference C. The Supreme Court has usually made decisions that uphold the right of an individual to a quick and speedy trial D. The Supreme Court has usually made decisions that uphold the power of the government to place restrictions on firearms
B
16. Which of the following scenarios represents a violation of one of the civil liberties protected by the Bill of Rights? A. A law is passed in Congress which bans guns in schools because of the effect it has on interstate commerce B. A state compels Amish students to attend school past the eighth grade C. A state creates a racially gerrymandered district to meet requirements in the Voting Rights Act D. A school district segregates its students into schools based on the students' race
B
17. Selective incorporation is best defined as which of the following? A. The belief that the entirety of the Bill of Rights applies to the states and to all levels of government, not just to the federal government B. The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government C. The rights and immunities protected by the Bill of Rights and interpreted by the Supreme Court as "implicit in the concept of ordered liberty" D. the legal requirement that an individual's rights must be respected by a state or government; protected at the federal level by the Fifth Amendment, and at the state level by the Fourteenth
A
18. Which statement accurately summarizes the impact of the Engel v. Vitale (1962) decision? A. It upheld the separation of church and state and clarified the limitations of state governments under the establishment clause B. It increased states' power to place limitations on freedom of speech when that speech creates a "clear and present danger" C. It incorporated the right to freedom of speech, protected under the First Amendment, to state and local governments D. It emphasized the right of parents to control the religious upbringing of their children without state infringement
C
2. The "public safety" exception to the Miranda rule can best be defined as which of the following? A. It prohibits the use of any evidence found without a warrant to convict someone in court B. It gives officers the right to lie to a suspect in an attempt to get a confession to a crime C. It allows the police to perform unwarned interrogation to stand as direct evidence in court if the information will help protect the public D. It requires that law enforcement officers inform a person subject to an interrogation of his or her Fifth and Sixth Amendment rights
D
21. Prior restraint is best defined as which of the following? A. Speech that presents a "clear and present danger" B. Forms of nonverbal speech protected by the First Amendment C. Materials that an average person would consider obscene D. Government censorship that blocks free speech or publication
C
26. Affirmative action is best defined as which of the following? A. A policy creating racial quotas for admitted classes at major colleges and universities for members of disadvantaged groups B. A law that prohibits segregation of public facilities, as well as discrimination on the basis of race, color, sex, religion, or national origin C. A policy benefiting those who tend to suffer from discrimination or are members of a historically disadvantaged group D. A set of guidelines issued by government agencies, which provide specific details about how a policy will be implemented
B
27. Which of the following scenarios would be considered a violation of the equal protection clause of the Fourteenth Amendment? A. The state refuses to provide a lawyer to someone who cannot afford one B. A university establishes race-based quotas in their admission policy C. A college uses race as a factor in their admission policy D. The police inspects the contents of a backpack without a warrant
C
28. Which of the following is an accurate comparison of civil liberties and civil rights? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
D
3. Which of the following actions may Congress take to advance civil rights? A. Issue an executive order desegregating the military B. Strike down state laws banning racial quotas in university admissions C. Declare Voter ID restrictions unconstitutional D. Pass a law requiring that all schools receiving federal funding comply with desegregation efforts
B
32. Which of the following is an accurate comparison of the two court cases? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
A
33. Which of the following is an accurate comparison of the two court cases? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
B
34. The Supreme Court struck down the use of racial quotas for affirmative action in which of the following cases? A. Texas v. Johnson B. Regents of the University of California v. Bakke C. Mapp v. Ohio D. Baker v. Carr E. Griswold v. Connecticut
D
35. To prevent abuse of police power, the Fourth Amendment requires that no court may issue ________ unless probable cause exists to believe that a crime has occurred or is about to occur. A. an exclusionary rule B. a writ of habeas corpus C. a prior restraint D. a search warrant E. an injunction
D
In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. 20. Which of the following statements best explains the impact of this decision? A. It enhanced the state's power to refuse to provide legal counsel in some felony cases B. It applied the Sixth Amendment to the federal government through total incorporation C. It limited the state's power to convict someone who was poor or mentally ill D. It applied the Sixth Amendment to the states through the incorporation doctrine
A
In 1963, Martin Luther King, Jr. organized the March on Washington to protest racial discrimination and segregation in public places. 24. Which of the following statements describes how Congress responded to this situation? A. Congress passed the Civil Rights Act of 1964 B. Congress passed the Voting Rights Act of 1965 C. Congress passed the Twenty-fourth Amendment D. Congress passed the Equal Rights Amendment
D
In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. 14. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)? A. Due process clause B. Free exercise clause C. Assembly and petition clause D. Freedom of speech clause
A
In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. 19. Which of the following amendments was the focus of the Court's ruling? A. Second Amendment B. First Amendment C. Eighth Amendment D. Tenth Amendment
D
In Swann v. Charlotte-Mecklenberg County Schools (1971), the Supreme Court held that schools could assign students to schools outside of their district to achieve racial balances. 31. Which of the following cases did the Court use as precedent in their decision? A. Tinker v. Des Moines Independent Community School District (1969) B. Gideon v. Wainwright (1963) C. Engel v. Vitale (1962) D. Brown v. Board of Education (1954)
B
In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. The Executive Director of the Planned Parenthood League of Connecticut disobeyed this law and was arrested. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights implies that people have a right to privacy. 22. Which of the following cases is also an example of a right-to-privacy case? A. Engel v. Vitale (1962) B. Roe v. Wade (1973) C. Gideon v. Wainwright (1963) D. McDonald v. Chicago (2010)
A
In the 1960s, literacy tests were used in an attempt to limit African American participation in the voting process. 9. Which of the following statements describes how Congress responded to this situation? A. Congress passed the Voting Rights Act of 1965 B. Congress issued fines to any state who used literacy tests C. Congress passed the Civil Rights Act of 1964 D. Congress created the Federal Elections Commission to regulate voting centers
C
Use the excerpt below to answer questions 29 and 30. "Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?" -Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963. 29. The "devious methods" mentioned in this passage refer to which of the following? A. Segregation B. Demographics C. Structural barriers D. Party-line voting
D
Use the excerpt below to answer questions 29 and 30. "Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?" -Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963. 30. Which of the following statements best explains Martin Luther King's argument regarding democratic participation in the above excerpt? A. The federal government's undemocratic control of the Alabama state legislature is responsible for preventing African Americans from registering to vote B. Through devious methods, the majority of Alabama state legislators are able to undermine federal statutes outlawing segregation C. Segregation laws and the disenfranchisement of African Americans are unjust if they are not supported by the state legislature D. A law affecting African Americans is unjust if they had no part in creating it as a result of being denied the right to vote
