SS.912.C.3.11 STUDY GUIDE Chapter 04 TEST Score: 1. Those rights that are so fundamental that they are outside the authority of government to regulate are known as a. civil liberties. b. civil rights. c. direct freedoms. d. negative freedoms. e. positive freedoms. 2. The consists of the first ten amendments to the Constitution. 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 a. Articles of Confederation. b. Declaration of Independence. c. International Bill of Rights. d. pamphlet Common Sense. e. Magna Carta. Page 1 of 9
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. a. bureaucracy b. executive branch c. legislature d. judiciary e. president 5. 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. a. "bomb" b. "this is a stick up" c. "fire" d. "gun" e. none of these 6. The courts have consistently ruled that speech codes 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. 7. The articles of the Constitution protect civil liberties in all of the following EXCEPT a. writ of habeas corpus. b. ex post facto laws. c. bills of attainder. d. bills of libel. e. trial by jury. Page 2 of 9
8. 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 a. bill of attainder. b. ex post facto law. c. eminent domain. d. right of the accused. e. writ of habeas corpus. 9. As originally written, the Bill of Rights limited the activities of the national government, not the state governments.the Supreme Court applied the provisions of the Bill of Rights to the states through the process of a. emancipation. b. dispersion. c. incorporation. d. ratification. e. reification. 10. 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. a. due process b. equal protection c. full faith and credit d. interstate commerce e. presentation Page 3 of 9
11. What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states? a. due process b. fundamental incorporation c. habeas corpus d. selective incorporation e. total incorporation 12. Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides 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. 13. During times of war, the government's increased concern for order and citizens' increased concerns about security generally find civil liberties being limited. During World War I, Congress passed the Act of 1917, which made it a crime to obstruct military recruiting. a. Espionage b. Freedom c. Sedition d. Smith e. USA PATRIOT Page 4 of 9
14. 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 e-mail communications. a. Espionage b. Freedom c. Sedition d. Smith e. USA PATRIOT 15. Normally, wiretapping requires a warrant signed by a judge or magistrate backed by that a crime is being committed. a. absolute certainty b. preponderance of the evidence c. probable cause d. reasonable cause e. reasonable suspicion 16. 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? a. necessary and proper test b. Lemon test c. equal protection test d. clear and present danger test e. Miller test Page 5 of 9
17. are phrases that might lead the individual to whom they are directed to respond with a punch. a. Fighting doctrines b. Fighting words c. Come-and-Get-It words d. Nonfighting words e. All of these 18. 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 a. symbolic speech. b. direct speech. c. fighting words. d. hate speech. e. public speech. 19. 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. a. Content-neutral b. Exclusionary rule c. Right to privacy d. Marketplace of ideas e. None of the above 20. 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 a. libel. b. prior restraint. c. private censorship. d. private restraint. e. slander. Page 6 of 9
21. The publishing of false and damaging statements about another person is called a. actual malice. b. libel. c. negligence. d. prior restraint. e. subsequent punishment. 22. originally protected individuals only against the national government, and, at the time, only two states, Virginia and Rhode Island, had unqualified religious freedom. a. Civil liberties b. Symbolic speech c. The free exercise clause d. The clear and present danger test e. Incorporation 23. 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. a. establishment b. free exercise c. full faith and credit d. interstate commerce e. presentation 24. Generally, states need only have a(n) to pass laws that also happen to restrict religious practices. a. important reason b. probable cause c. rational basis d. reasonable basis e. valid secular purpose Page 7 of 9
25. Opponents of gun rights believe that the clause limits the right to own a gun. a. clear and present danger b. due process c. well-regulated militia d. establishment e. free exercise 26. The Fourth Amendment prohibits unreasonable searches and seizures. The area over which individuals have Fourth Amendment protections are those in which there is a(n) a. clear and present danger. b. expectation of privacy. c. imminent lawless action. d. valid legislative purpose. e. excessive entanglement. 27. If the police conduct a search later found to be unconstitutional, the holds that evidence collected during the search cannot be used in trial. a. exclusionary rule b. rule of evidence c. Fifth Amendment d. full faith and credit clause e. Seventh Amendment 28. If acquitted by a jury, the clause ensures that the accused cannot be tried for the same crime again. a. double indemnity b. eminent domain c. cruel and unusual punishment d. innocence e. double jeopardy Page 8 of 9
29. The Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy is known as the a. right to privacy. b. right against self-incrimination. c. right to counsel. d. right to assembly. e. right to bear arms. 30. In 1973, the Court ruled in Roe v. Wade that a national right to existed. a. privacy b. abortion c. speech d. expression e. counsel Page 9 of 9