CHAPTER 04: Civil Liberties

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1 SS.912.C.2.9 CHAPTER 04: Civil Liberties Score: 1. Those rights that are so fundamental that they are outside the authority of government to regulate are known as. (p. 102) a. civil liberties. b. civil rights. c. direct freedoms. d. negative freedoms. e. positive freedoms The consists of the first ten amendments to the Constitution. (p. 102) a. Basic Law b. Bill of Rights c. Rights Code d. Magna Carta e. Rule of Law 3. The Bill of Rights placed into law some of the natural or inalienable rights that Thomas Jefferson spoke about in the. (p.102) a. Articles of Confederation. b. Declaration of Independence. c. International Bill of Rights. d. pamphlet Common Sense. e. Magna Carta. Page 1 of 16

2 4. If a majority wishes to abridge rights, it often falls to the, which is not designed to be responsive to public desires, to protect those rights. (p. 103) a. bureaucracy b. executive branch c. legislature d. judiciary e. president In a World War I speech case, Justice Oliver Wendell Holmes wrote that speech was not absolute, such as a person does not have the right to falsely shout in a crowded theater. (p. 103) a. "bomb" b. "this is a stick up" c. "fire" d. "gun" e. none of these 6. Too much freedom can lead to, a state in which everyone does as he or she chooses without regard to others. (p. 103) a. anarchy b. aristocracy c. democracy d. oligarchy e. tyranny 7. Too much order can lead to, a state in which the people are not free to make decisions about the private aspects of their lives. (p. 104) a. anarchy b. aristocracy c. democracy d. oligarchy e. tyranny Page 2 of 16

3 8. The courts have consistently ruled that speech codes. (p. 104) a. are constitutional. b. violate the First Amendment. c. violate the Fourth Amendment. d. violate the full faith and credit clause. e. violate the interstate commerce clause. 9. The articles of the Constitution protect civil liberties in all of the following EXCEPT. (p. 104) a. writ of habeas corpus. b. ex post facto laws. c. bills of attainder. d. bills of libel. e. trial by jury. 10. The right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal, is known as. (p. 104) a. bill of attainder. b. ex post facto law. c. eminent domain. d. right of the accused. e. writ of habeas corpus. 11. The Constitution protects the right to. (p. 104) a. trial by jury. b. freedom of expression. c. freedom of press. d. freedom of assembly. e. all of these. Page 3 of 16

4 12. As originally written, the Bill of Rights limited the activities of. (p. 105) a. both the national and state governments. b. neither the national nor the state governments. c. the national government, not the state governments. d. the national government, and the thirteen colonies. e. the state governments, not the national government. 13. The Supreme Court applied the provisions of the Bill of Rights to the states through the process of. (p. 105) a. emancipation. b. dispersion. c. incorporation. d. ratification. e. reification. 14. The potential for the application of the Bill of Rights to the states began with the passage of the Amendment in 1868, which adds several restrictions on what the states can do. (p. 105) a. Eleventh b. Twelfth c. Thirteenth d. Fourteenth e. Fifteenth 15. What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states? (p. 105) a. due process b. fundamental incorporation c. habeas corpus d. selective incorporation e. total incorporation Page 4 of 16

5 16. All of the following rights have been incorporated EXCEPT. (p. 106) a. quartering of soldiers. b. keeping and bearing arms. c. freedom of speech. d. unreasonable search and seizure. e. double jeopardy. 17. Beginning in 1897, the Supreme Court slowly began to use the protection of life, liberty, or property in the Fourteenth Amendment s clause to incorporate some of the provisions of the Bill of Rights as binding on the states. (p. 105) a. due process b. equal protection c. full faith and credit d. interstate commerce e. presentation 18. Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides. (p. 106) a. that the government has a compelling interest in passing the law. b. that the law is narrowly drawn to meet the governmental interest. c. that the law relates to interstate commerce. d. that the law relates to federal spending. e. that the government has a compelling interest and the law is narrowly drawn to meet it. 19. During times of war, the government's increased concern for order and citizens' increased concerns about security generally find civil liberties being. (p. 106) a. expanded. b. limited. c. neutral. d. replaced. e. ignored. Page 5 of 16

6 20. The Sedition Act of 1798 made it illegal to. (p. 107) a. speak against foreign governments. b. speak positively about the government. c. keep and bear arms. d. speak against the government. e. exercise the freedom of press. 21. During World War I, Congress passed the Act of 1917, which made it a crime to obstruct military recruiting. (p. 107) a. Espionage b. Freedom c. Sedition d. Smith e. USA PATRIOT 22. Justice Oliver Wendell Holmes referred to the idea that government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones as the. (p. 108) a. marketplace of ideas. b. chilling zone of ideas. c. constitutional penumbras. d. marketplace of speech. e. writ of certiorari. 23. The crackdown on socialists, Communists, and other radicals was called the and peaked after radicals exploded eight bombs, including one at the house of the U.S. Attorney General, A. Mitchell Palmer. (p. 108) a. Cold War b. Blue Scare c. Red Scare d. Red Rebellion e. War on Terror Page 6 of 16

7 24. During the McCarthy Era, Congress banned the Party and membership therein, and held hearings investigating individual citizens political views and personal associations. (p. 108 & p. 109) a. Democratic b. Communist c. Libertarian d. Red e. Republican 25. In the mid-1960s,, the counterintelligence program of the Federal Bureau of Investigation (FBI), infiltrated and disrupted groups that expressed opposition to mainline American policies, including antiwar groups, civil rights groups, left-wing groups, and white supremacy groups. (p. 109) a. ATF b. CIA c. COINTELPRO d. NASA e. TSA 26. After the terrorist attacks of September 11, 2001, Congress passed the Act, which overturned many of the COINTELPRO reforms, by allowing greater sharing of intelligence information and enhancing law enforcement s ability to tap telephone and communications. (p. 109) a. Espionage b. Freedom c. Sedition d. Smith e. USA PATRIOT Page 7 of 16

8 27. In a case involving U.S. citizen Jose Padilla, the Supreme Court ruled that citizens could not be (p. 109 & 110) a. held without a warrant. b. held indefinitely. c. held without a trial. d. held without habeas corpus. e. none of these. 28. The Supreme Court has ruled that Congress must authorize hearings to determine the legality of the detention of even foreign enemy combatants and that such hearings must be consistent with the, an international treaty that protects the rights of prisoners of war. (p. 110) a. Copenhagen Accords b. Geneva Conventions c. Law of War d. Kyoto Protocol e. Treaty of Versailles 29. Normally, wiretapping requires a warrant signed by a judge or magistrate backed by that a crime is being committed. (p. 110) a. absolute certainty b. preponderance of the evidence c. probable cause d. reasonable cause e. reasonable suspicion Page 8 of 16

9 30. In 2014, the U.S. Court of Appeals ordered the Obama administration to release information regarding the execution of. (p. 110) a. Saddam Hussein. b. Osama bin Laden. c. Anwar al Awlaki. d. Moammar Gadhafi. e. Abu Ahmed al-kuwaiti. 31. What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent? (p. 111) a. necessary and proper test b. Lemon test c. equal protection test d. clear and present danger test e. Miller test 32. are phrases that might lead the individual to whom they are directed to respond with a punch. (p. 111) a. Fighting doctrines b. Fighting words c. Come-and-Get-It words d. Nonfighting words e. All of these 33. The Foreign Intelligence Surveillance Act created secret courts designed to oversee the domestic activities of. (pp. 112 & 113) a. the security community. b. the Central Intelligence Agency. c. the National Security Agency. d. the National Reconnaissance Office. e. all government agencies. Page 9 of 16

10 34. In 2013, Edward Snowden revealed classified documents detailing. (p. 112) a. the location of missing yellowcake uranium. b. secret plans to invade North Korea. c. the NSA keeping records of every Internet search made in the United States. d. the NSA keeping records of every phone call made in the United States. e. the FBI's involvement with COINTELPRO. 35. In the 1960s, the Supreme Court ruled that certain types of nonverbal activities, such as flag burning or students wearing black armbands to school, were protected under the First Amendment as. (p. 114) a. symbolic speech. b. direct speech. c. fighting words. d. hate speech. e. public speech. 36. Nonverbal activities that convey a political message, such as saluting the flag, burning the flag, or burning draft cards, are referred to as. (p. 116) a. commercial speech. b. pure speech. c. speech plus. d. symbolic speech. e. all of these. 37. is when the free speech doctrine allows certain types of regulations of speech, as long as the restriction does not favor one side or another of a controversy. (p. 116) a. Content-neutral b. Exclusionary rule c. Right to privacy d. Marketplace of ideas e. None of the above Page 10 of 16

11 38. Today, an extraordinary burden of proof of imminent harm is needed before the courts will shut down a newspaper before a story is printed. This is known as. (p. 117) a. libel. b. prior restraint. c. private censorship. d. private restraint. e. slander. 39. The publishing of false and damaging statements about another person is called (p. 118) a. actual malice. b. libel. c. negligence. d. prior restraint. e. subsequent punishment. 40. The Supreme Court developed a three-pronged test called the to determine whether material can be deemed obscene. (pp. 118 & 119) a. Lemon test b. clear and present danger test c. Miller test d. obscenity test e. Tinker test 41. originally protected individuals only against the national government, and, at the time, only two states, Virginia and Rhode Island, had unqualified religious freedom. (p. 121) a. Civil liberties b. Symbolic speech c. The free exercise clause d. The clear and present danger test e. Incorporation Page 11 of 16

12 42. The clause of the First Amendment prevents Congress from recognizing one church by law as the nation s official church, as Britain had done with the Anglican (Episcopal) Church. (p. 122) a. establishment b. free exercise c. full faith and credit d. interstate commerce e. presentation 43. Generally, states need only have a(n) to pass laws that also happen to restrict religious practices. (p. 121) a. important reason b. probable cause c. rational basis d. reasonable basis e. valid secular purpose 44. In 1971, the Supreme Court created the three-pronged to determine if a law violated the establishment clause. (p. 123) a. clear and present danger test b. Miller test c. establishment test d. religious liberty test e. Lemon test 45. believe that as long as the state does not favor one religion over another, it can generally pass laws that support religion. a. Separationists b. Accommodationists c. Federalists d. Anti-Federalists e. Libertarians Page 12 of 16

13 46. Opponents of gun rights believe that the clause limits the right to own a gun. (p. 124) a. clear and present danger b. due process c. well-regulated militia d. establishment e. free exercise 47. The Supreme Court decided in 2008 that there is a(n) right to possess a gun, at least for self-defense in one s home. (p. 124) a. collective b. human c. individual d. national e. state 48. After the 2012 tragedy at Sandy Hook elementary school, Congress enacted. (p. 125) a. tighter criminal background checks. b. a ban on assault weapons. c. a limit to the number of rounds that ammunition magazines could hold. d. all of these. e. none of these. 49. The amendments that protect the rights of the criminally accused include all of the following EXCEPT the Amendment. (p. 125) a. Fourth b. Fifth c. Sixth d. Eighth e. Tenth Page 13 of 16

14 50. The Amendment prohibits unreasonable searches and seizures. (p. 125) a. First b. Second c. Third d. Fourth e. Fifth 51. In 2014, the Supreme Court found that the content of a cell phone is police search. (p. 126) a. incriminating in a b. subject to c. scrutinized in a d. exempt from e. not exempt from 52. The area over which individuals have Fourth Amendment protections are those in which there is a(n). (p. 126) a. clear and present danger. b. expectation of privacy. c. imminent lawless action. d. valid legislative purpose. e. excessive entanglement. 53. If the police conduct a search later found to be unconstitutional, the holds that evidence collected during the search cannot be used in trial. (p. 126) a. exclusionary rule b. rule of evidence c. Fifth Amendment d. full faith and credit clause e. Seventh Amendment Page 14 of 16

15 54. In Miranda v. Arizona, the Court declared that the right against self-incrimination enshrined in the Fifth Amendment applied to. (p. 127) a. the cities. b. the counties. c. the states. d. the federal courts. e. none of these. 55. In Gideon v. Wainwright, the Court ruled that all criminals were afforded the right to. (p. 127) a. free speech. b. free press. c. privacy. d. counsel. e. bear arms. 56. If acquitted by a jury, the clause ensures that the accused cannot be tried for the same crime again. (p. 128) a. double indemnity b. eminent domain c. cruel and unusual punishment d. innocence e. double jeopardy 57. In, the Court voided what one justice called an uncommonly silly law that made it a crime for any person including married couples to use birth control. (pp. 129, 130) a. Brandenburg v. Ohio b. Gideon v. Wainwright c. Griswold v. Connecticut d. Powell v. Alabama e. Schenck v. United States Page 15 of 16

16 58. The Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy is known as the. (p. 130) a. right to privacy. b. right against self-incrimination. c. right to counsel. d. right to assembly. e. right to bear arms. 59. In 1973, the Court ruled in Roe v. Wade that a national right to existed. (p. 131) a. privacy b. abortion c. speech d. expression e. counsel 60. In Lawrence v. Texas, the court ruled that laws prohibiting were unconstitutional. (p. 132) a. flag burning b. birth control c. sodomy d. same-sex marriage e. alcohol Page 16 of 16

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