Chapter 5 Civil Liberties Name Date Period Multiple Choice 1. What does the Ninth Amendment to the Constitution say? 160 a. All non-enumerated powers of government belong to the states. b. Citizens have rights beyond those listed in the Constitution. c. States have the right to maintain state militias. d. Government can not discriminate on the basis of race, gender, or national origin. e. It guarantees the right to petition the government for a redress of grievances. 2. The Supreme Court ruled that states could not limit free speech protections guaranteed by the Constitution in 160 a. Near v. Minnesota. b. Gitlow v. New York. c. Palko v. Connecticut. d. Pointer v. Texas. e. Romer v. Evans. 3. According to the incorporation doctrine, 161 a. the due process clause requires states to abide by provisions in the Bill of Rights. b. corporations have the same legal rights as citizens. c. the Ninth Amendment compels states to restrict life, liberty, and property without due process of law. d. Congress must enforce the fundamental freedoms doctrine consistently, regardless of the race or gender of those involved. e. Congress has no authority to regulate economic conditions.
4. Which of the following best describes the trend in recent Supreme Court decisions regarding the separation of church and state? 163-164 a. The Supreme Court has consistently prohibited all government aid to religious schools. b. The Supreme Court has permitted school districts to continue school-sponsored prayers. c. The Supreme Court has required states to demonstrate a compelling moral or ethical rationale for carious entanglements between church and state. d. The Supreme Court has been further increasing the separation of church and state. e. The Supreme Court has been reducing the required separation between church and state. 5. In Zelman v. Simmons-Harris, a school voucher program that allowed parents to send their kids to the school of their choice was found to be 164 a. unconstitutional because it favored Jewish schools over others. b. unconstitutional because it allowed parents to use government funds for religious instruction. c. constitutional even though it favored Jewish schools over others. d. constitutional because it was anti-religion. e. constitutional because it was neutral toward religion. 6. The constitutional doctrine that government cannot prohibit speech or publication before the fact is called 167 a. a priori limitation. b. prior restraint. c. amicus curiae. d. in re Anastaplo. e. the prohibition clause. 7. In New York v. Sullivan (1964), the Supreme Court ruled that 172 a. libel and slander were constitutionally protected forms of speech. b. actual malice must be proved to support libel against a public figure. c. prior restraint was unconstitutional. d. false or negligent speech was not protected by the First Amendment. e. the government could prevent the New York Times from publishing stolen classified military documents.
8. In which decision did the Supreme Court rule that material is obscene and can be restricted if it is utterly without redeeming social importance and appeals primarily to the prurient interest? 172 a. Reno v. American Civil Liberties Union b. Chaplinsky v. New Hampshire c. Near v. Minnesota d. The People v. Larry Flynt e. Roth v. U.S. 9. In Miller v. California (1973), the Supreme Court concluded that material was obscene if it 173 a. depicts sexual conduct in artistic way. b. lacks literary, artistic, political, or scientific value. c. violates global standards of decency. d. encourages lewd and lascivious thoughts. e. all of the above. 10. Congress has passed several laws regulating children s access to pornography on the Internet. In general, how has the Supreme Court responded to these laws? 174 a. The Court has upheld nearly every restriction Congress has enacted. b. The Court has overturned nearly every restriction Congress has enacted. c. The Court has upheld restrictions involving children under 14, but has overturned restrictions involving children 14 years old or older. d. The Court has upheld restrictions involving community standards, but has overturned restrictions based on the Lemon test. e. The Court has stayed out of the debate, consistently voting to deny cer to such cases. 11. When Congress reexamined the Miranda decision in 2000, what did it decide? 181 a. NO admission of guilt is truly voluntary unless a suspect has been apprised of his rights. b. Technicalities should not permit a guilty person to go free. c. Suspects do not have to be read their Miranda rights unless they specifically ask what rights they have. d. In criminal cases, the benefit of the doubt should also go to the victim. e. The Miranda decision was no longer relevant due to technological advances in criminal justice.
12. The standard that illegally seized evidence can not be used at trial is known as the 182 a. due process clause. b. procedural rights rule. c. exclusionary rule. d. Mapp rule. e. search and seizure rule. 13. The Supreme Court ruled that lawyers in criminal cases are necessities, not luxuries in the case 183 a. Weeks v. U.S. b. Mapp v. Ohio. c. Gregg v. Georgia. d. Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal. e. Gideon v. Wainwright. 14. In 2002, the Supreme Court ruled that mentally retarded convicts could not be executed for capital murder because doing so would violate the 185 a. Declaration of the Rights of Man. b. prohibition against prior restraint. c. prohibition against double jeopardy. d. due process clause. e. ban on cruel and unusual punishment. 15. Where is the right to privacy enumerated in the Constitution? 187 a. in the Second Amendment b. in the Third Amendment c. in Article I, section 8 d. in the Preamble e. The right to privacy is not specifically enumerated in the Constitution 16. The issue in Griswold v. Connecticut (1965) was 188 a. cruel and unusual punishment. b. search and seizure. c. birth control for married couples. d. abortion. e. Miranda rights.
17. Which provision of the Constitution was used by the Supreme Court in deciding that Americans had a right to marital privacy? 191 a. the full faith and credit clause b. the elastic clause c. the enumerated powers d. the Ninth Amendment e. the Thirteenth Amendment 18. Under the Court s decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, restrictions on the right to an abortion 190 a. must be based on ethical principles. b. may not cause an undue burden for the pregnant woman. c. must give equal consideration to the wishers of the prospective father. d. must include fetal viability tests. e. must be approved in a statewide referendum. 19. According to recent Supreme Court decisions regarding the constitutionality of various laws restricting abortions, such laws 191 a. must require underage women to get their parent s permission in order to have an abortion. b. must require exceptions for the health of the prospective mother. c. must prohibit all late-term abortions. d. must pay for abortions for indigent women, e. can not make it more difficult for pregnant women to obtain an abortion. 20. What is the status of Oregon s Death with Dignity Act? 192 a. The U.S. Supreme Court ruled it unconstitutional, finding there is not right to die. b. The Oregon Supreme Court rule it unconstitutional, finding there is no right to die. c. The U.S. attorney general has successfully blocked Oregon s implementation of the law. d. The U.S. attorney general has successfully prosecuted Oregon doctors who terminated the medical treatment of terminally ill patients in accordance with their expressed wishes. e. The Supreme Court has upheld the Oregon law, despite federal attempts to block it.
True/False 21. According to the Supreme Court, the free exercise clause allows for polygamy by Mormons. 163 22. According to recent Supreme Court decisions, government can forbid the use of sacramental intoxicating substances, such as peyote. 165 23. The Supreme Court has frequently overturned Congressional statutes designed to protect children from online pornography. 174 24. In interpreting the Fourth Amendment, the Supreme Court has ruled that the police always need a search warrant in order to conduct a search. 177 25. During times of national crisis, it is especially difficult to determine the limits of government intervention in the private sphere. 178 26. The Supreme Court has determined that mandatory testing of public high school athletes violates the prohibition against unreasonable searches and seizures. 180 Essay The First Amendment contains both the establishment clause and the free exercise clause. Discuss how the Supreme Court has interpreted these clauses and how these decisions have affected the wall of separation between church and state.