Temple College
Government 2302
Summer 2002 – 8 week session
Exam #3

PLEASE CLOSE ALL NOTEBOOKS, TEXTBOOKS, ETC. AND PLACE EVERYTHING
EXCEPT YOUR ANSWER SHEET AND A PENCIL UNDER YOUR CHAIR.
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SHARING ANSWERS WITH OTHER STUDENTS (in this class or in another class – before,
after, or during the exam) IS EXPRESSLY PROHIBITED. IF YOU HAVE QUESTIONS,
ASK THE INSTRUCTOR.
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PLEASE DO NOT WRITE ON THIS TEST BOOKLET UNLESS OTHERWISE
INSTRUCTED!
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PLEASE AVOID UNNECESSARILY FOLDING, BENDING, CURLING, CRUMPLING, OR
OTHERWISE DAMAGING YOUR ANSWER SHEET, PARTICULARLY ALONG THE
TOP AND BOTTOM EDGES. THE SCORING MACHINE IS VERY SENSITIVE.

IMPORTANT: MAKE ALL ERASURES COMPLETELY - IT IS YOUR RESPONSIBILITY
TO CLEARLY INDICATE YOUR CHOSEN ANSWER. RESPONSES THAT ARE NOT
COMPLETELY ERASED WILL BE COUNTED AS INCORRECT BY THE SCORING
MACHINE.
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BE SURE TO WRITE YOUR NAME ON YOUR ANSWER SHEET!!
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THIS EXAM IS WORTH 100 POINTS.
MULTIPLE CHOICE. INSTRUCTIONS: Answer each of the following multiple-choice
questions by marking the letter on your scan-tron form that corresponds to the BEST response.
47 questions
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The framers believed that government
A) was liberty.
B) itself would threaten liberty if it became too powerful.
C) would not really threaten liberty.
D) would be dissolved by the people if it threatened liberty.
2) According to the Greenberg text, civil liberties refers to
A) the right to dispense, use, and buy private property as allowed by law.
B) government responsibility for guaranteeing that all citizens are able to participate as equals in the
practices of democracy.
C) constitutional provisions, laws, and practices that protect individuals from government interference.
D) a subset of constitutional court cases on the subject of the First Amendment.
3) Civil liberties declare what the government
A) should do.
B) must do or provide.
C) cannot do.
D) none of these.
4) Civil rights declare what the government
A) should do.
B) must do or provide.
C) cannot do.
D) none of these.
5) When we speak of civil liberties in the U.S., we are mostly referring to the
A) basic rights set forth by God which no government can deny.
B) rights of the criminally-accused set forth in Article I, sections, 9 and 10 of the Constitution.
C) rights of ethnic minorities to go to court in order to restrain unfair policies.
D) negative constraints on government outlined in the first 10 Amendments and 14th Amendment to
the Constitution.
6) Most of our cherished rights and liberties
A) were established early on by the Marshall Court.
B) have been protected by the Constitution since the Founding.
C) were established and guaranteed soon after the Civil War.
D) have evolved over time through the political process.
7) Which of the following is NOT included in the 1st Amendment?
A) Congress may not make any law with respect to the establishment of religion.
B) Congress may not pass bills of attainder or ex post facto laws.
C) Congress may not abridge the free exercise of religion.
D) Congress may not abridge freedom of speech or of the press.
8) Which of the following is assured in the 3rd Amendment?
A) Congress may not infringe on the right to keep and bear arms.
B) Congress may not station soldiers in houses against the owner's will, except in times of war.
C) Excessive bail and fines are prohibited.
D) Citizens are free from unreasonable searches and seizures.
9) Which of the following is NOT assured in the 5th Amendment?
A) Citizens are protected against double jeopardy and self-incrimination.
B) Citizens are guaranteed just compensation for public use of private property.
C) Congress may not suspend a writ of habeas corpus.
D) Citizens are guaranteed against deprivation of life, liberty, or property without due process of law.
10) The Bill of Rights originally limited
A) the power of the central government.
B) the power of the state governments.
C) the rights of the people in each state.
D) both the power of the central government and the state governments.
11) Most of the basic freedoms embraced by the Bill of Rights have been "incorporated" during the 20th
century by the Supreme Court's interpretation of the
A) 9th Amendment.
B) 14th Amendment.
C) 15 Amendment.
D) Supremacy Clause.
12) The term "selective incorporation" in constitutional law refers to
A) the process by which constitutional amendments become ratified by Congress and the states.
B) the process by which the Supreme Court declares specific civil liberties protected against the states.
C) the process by which territories and islands become states.
D) how federal courts can require remedies for states to rectify past discrimination against minorities.
13) Which of these became the first area of incorporation?
A) freedom of speech
B) freedom of assembly
C) freedom of religion
D) freedom of press
14) The right to privacy is based on
A) the concept that all men are created equal.
B) the rights set forth in Article I, sections 9 and 10 of the Constitution.
C) the concept that the Constitution's omission of specific mention of the right to privacy does not
mean that this right is denied.
D) the 27th Amendment which stipulates that all people have certain rights over which the federal
government has no authority.
15) In which case did the Supreme Court first embrace a constitutional right to privacy?
A) ROE v WADE
B) ENGEL v VITALE
C) GRISWOLD v CONNECTICUT
D) BOWERS v HARDWICK
16) The case alluded to in the previous question involved a
A) New York state law that prohibited students from praying at any time during the school day.
B) Georgia state law that made the act of sodomy a crime.
C) Texas state law that made abortions illegal except in cases where the pregnant woman's life was in
jeopardy.
D) Connecticut state law which made it illegal to either use contraceptives or to counsel the use of
contraceptives.
17) In the view of the Supreme Court, the right to privacy is apparently broad enough to encompass all of
the following EXCEPT
A) a women's decision whether or not to terminate her pregnancy.
B) a married couple's decision whether or not to use birth control.
C) a person's decision regarding sexual preference (to be a homosexual).
D) the relationship between a woman and her health care provider.
18) The Supreme Court relied on the "penumbras" of the Bill of Rights to elucidate a constitutional right to
privacy. Which provisions of the Bill of Rights were relevant to the Supreme Court's reasoning?
A) the 1st Amendment's right to peaceable assembly provision
B) the 6th Amendment's right to counsel provision
C) the 2nd Amendment's right to bear arms provision
D) all of the above
19) According to the Supreme Court in ROE v WADE (1973), a state may make which of the following
restrictions on abortions?
A) During the first trimester, the state can prohibit abortions for reasons relating to the pregnant
woman's health.
B) Beginning at the start of the second trimester, the state must prohibit all abortions.
C) During the third trimester, the state cannot stop the abortion but can require that the pregnant woman
receive counseling designed to discourage the procedure.
D) At the point of viability, the state's interest in protecting potential life becomes compelling enough
that it may outlaw abortions.
20) The right-to-die question
A) has yet to be covered under the "umbrella" of the right to privacy by the U.S. Supreme Court.
B) has been covered under the "umbrella" of the right to privacy by the U.S. Supreme Court in the
Karen Ann Quinlan case (IN RE QUINLAN).
C) is limited in judicial proceedings by the doctrine of habeas corpus.
D) is no longer an issue in most states.
21) In 1989, the Supreme Court ruled in WEBSTER v REPRODUCTIVE HEALTH SERVICES that states
may
A) ban the use of public hospitals for abortions.
B) bar public employees from assisting in abortions.
C) require viability tests on fetuses thought to be past 20 weeks.
D) all of the above.
22) In PLANNED PARENTHOOD v CASEY (1992), the Supreme Court ruled that states have the authority
to require
A) a 24-hour waiting period for women seeking an abortion.
B) that women seeking an abortion receive specific counseling designed to discourage the abortion.
C) parental consent for minors seeking an abortion.
D) all of these.
23) According to Ruth Ann Strickland, which of the following was among the actions taken by President
Clinton with respect to the abortion issue?
A) overturned the "gag rule" which prohibited clinics that received federal funding from providing
counseling or information about abortion services
B) lifted the ban on RU486 (the so-called abortion pill)
C) lifted the ban on fetal tissue research
D) all of these were actions taken by Clinton
24) According to Ruth Ann Strickland, which of the following was TRUE of public opinion in the 1990s
with respect to the abortion issue?
A) a majority of Americans support a woman's right to obtain an abortion for any reason
B) a majority of Americans oppose parental consent requirements for minor females seeking abortions
C) a majority of Americans cast their votes for political candidates based solely on the candidates'
position on the abortion issue
D) a majority of Americans oppose a constitutional amendment to ban abortions
25) Which "test" developed by the Supreme Court limits the ability of a person to claim protection of their
religious practices under the 1st Amendment's Free Exercise Clause?
a. the Lemon test b. the bad tendency test c. the clear and present danger test
d. the valid secular test
26) Which of the following is NOT among the dominant interpretations of the Establishment Clause?
a. Government may not establish an official religion.
b. Government may not aid one religion over another.
c. There must be an absolute wall of separation between church and state.
d. There must not be even a mention of religious matters in public places.
27) In the United States, freedom of religion consists of two principle precepts, the
a. acknowledgment of God and the right to pray.
b. freedom to worship and the right of government to acknowledge the true faith.
c. power of government to regulate religion and the right or religious people to gain political power.
d. none of these.
28) The 3-part test for determining whether a particular law constitutes “establishment” of religion and thus
violates the 1st Amendment is called the
a. Apple Test. b. Lemon Test. c. Eden Test. d. Garden Test.
29) In determining what restraints may be placed on the exercise of religious freedom, the United States
Supreme Court has distinguished between
a. religious practices on the one hand and religious behaviors on the other hand.
b. religious behaviors on the one hand and public safety on the other hand.
c. religious faith on the one hand and religious beliefs on the other hand.
d. religious beliefs on the one hand and religious practices on the other hand.
30) In LEMON V KURTZMAN the USSC ruled that in order for a statute to be consistent with the Establishment
Clause of the 1st Amendment
a. the statute must have a secular purpose.
b. the primary effects of the statute must be to neither advance nor inhibit religion.
c. the statute must not excessively entangle government and religion.
d. all of these.
31) According to Ted Jelen (“God or Country: Debating Religion in Public Life”), an accommodationist
interpretation of the Establishment Clause would
a. prohibit even very general assistance to religion.
b. regard a strict boundary between church and state as beneficial to both.
c. prevent government from extending preferential treatment to any particular religion but that
government is not required to be neutral between religion and non-religion.
d. none of these.
32) With respect to the free exercise of religion, which group would argue that religious practices can be
regulated when they violate the moral or religious sensibilities of popular majorities (as in the City of
Hialeah animal sacrifice case)?
a. accommodationists b. separationists c. communalists d. libertarians
33) According to Jelen, Congress, reflecting the views of popular majorities, tends to take a(n) _________
stance with respect to the Establishment Clause while decisions of the Supreme Court tend to reflect a(n)
__________ view.
a. separationist; accommodationist
b. accommodationist; separationist
c. accommodationist; communalist
d. separationist; communalist
34) In 1982, the Supreme ruled on a case (MCCLEAN V ARKANSAS) concerning an Arkansas law which
required public schools to teach the biblical story of creation alongside the concept of evolution. The
Supreme Court
a. refused to hear the case based on the doctrine of “political evolution.”
b. indicated that the law does not violate either the U.S. or the Arkansas state constitution.
c. held that the state must allow differing views on the topic other than just creation versus evolution.
d. declared the law unconstitutional because it appeared to support religion.
35) In 1985, the Supreme Court struck down as unconstitutional an Alabama law (WALLACE V JAFFREE)
authorizing one minute of silence in all public schools for prayer or meditation because
a. the law appeared to support religion.
b. it did not apply to private schools as well as public schools.
c. most Alabama schools were not complying with official prayer guidelines passed by Congress.
d. the law was not approved by Congress prior to its enactment.
36) Prior restraint is defined as
a. an attempt by the president to limit actions of the Congress.
b. a method that allows falsely convicted individuals an opportunity to redeem themselves.
c. the president's power to relieve felons of further punishment.
d. prohibiting expression before it has actually occurred.
37) The tendency of the courts to give preference to the 1st Amendment rights of speech, press, and assembly
when faced with conflicts is called
a. priority freedoms.
b. primary freedoms.
c. first class freedoms.
d. preferred freedoms.
38) The bad-tendency rule meant that
A) speech may be restricted by government if there is a possibility that such expression might lead to
some substantial evil, even at some future time.
B) Congress could prevent any speech it did not like.
C) if some people could be hurt by what was said, such speech was not constitutionally protected.
D) only positive, uplifting speech is protected by the 1st Amendment.
39) According to the clear and present danger test, expression may be restricted by government if
A) the speaker is not a citizen of the United States.
B) if, and only if, the United States is at war.
C) it is found to be offensive to ethnic or religious minority groups.
D) evidence exists that such expression would cause a condition which would endanger the public.
40) The Supreme Court established in SCHENCK V THE UNITED STATES (1919) that the government could
control speech only for "compelling" reasons, i.e., if the speech
A) was about famous people.
B) insulted or offended a group of people.
C) presented a clear and present danger.
D) was anything controversial.
41) The Supreme Court's current interpretation of the 1st Amendment's free speech clause (based on
BRANDENBURG v OHIO (1969) requires that, in order to justify punishing speech, government must
prove that
A) the speech was intended to incite "imminent lawless action."
B) there is a "high probability that such action will occur."
C) both a and b.
D) neither a nor b.
42) Symbolic speech is
A) any law that is worded in a vague manner.
B) an area of expression that is not protected by the 1st Amendment.
C) nonverbal communication.
D) usually an expression of an obscenity.
43) Actions other than speech itself, but which are still protected by the 1st Amendment because they
constitute political expression, are called
A) action freedom.
B) symbolic action.
C) symbolic speech.
D) demonstrative speech.
44) In TEXAS v JOHNSON, which interests did the state believe were compelling enough to justify
punishing Johnson's speech?
A) the state's interest in promoting national unity
B) the state's interest in preserving the public peace
C) the state's interest in suppressing unpopular acts of protest against the government
D) a and b
45) Words that "a reasonable person knows are likely to cause a fight" have been defined by the Supreme
Court as
A) "hot" words doctrine.
B) fighting words doctrine.
C) provoking words doctrine.
D) volatile words rule.
46) In libel cases dealing with public officials, the Supreme Court has ruled that the officials must prove that
the statements about them are not only false and damaging, but also that they are
A) detrimental to their political careers.
B) harmful to their families' reputations.
C) done to improve an opponent's campaign.
D) made with actual malice.
47) According to the articles by Lawrence and Rauch, the Supreme Court's decision in R.A.V. V ST. PAUL
held which of the following violates the free speech clause of the 1st Amendment?
A) a decision by a university board of regents to enforce a code of "politically correct" speech.
B) a dress code in a public school system that prohibits students from wearing "gang colors."
C) a local law punishing anyone who displays symbols attacking people because of their race, color,
creed, religion, or gender.
D) a city ordinance that imposes fines on anyone making obscene gestures in public.