Temple College
Government 2302 – Civil Liberties and Civil Rights
Fall, 1999
Exam #2
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. BE
SURE TO WRITE YOUR NAME ON YOUR ANSWER SHEET!! 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. 61 questions/1.64 points each/100 point total.
1. Which of the following are among the classes of public policy outlined by Dye in the
foreword of the Tatalovich and Daynes text?
1. regulatory 2. distributive 3. redistributive 4. constituent 5. moral
a. 1, 2, and 3
b. 2, 3, and 4
c. 1, 2, 3, and 4
d. 3, 4, and 5
2. Which of the classes indicated in question #1 does Dye argue is (are) relevant to the
“moral controversies” discussed in the Tatalovich and Daynes text?
a. 1 and 5
b. 2 and 4
c. 4 and 5
d. 1 only
3. In which case did the Supreme Court first declare an act of Congress
unconstitutional?
a. MCCULLOCH V MARYLAND b. SHERBERT V VERNER c. PALKO V CONNECTICUT
d. MARBURY V MADISON
4. In the case MARBURY V MADISON, John Marshall was
a. the Attorney General.
b. the Chief Justice.
c. not eligible to participate in the decision because of his prior role as Secretary of
State.
d. the acting district attorney for the state of Maryland.
5. Which of the following constitutes a "cue" (cue theory) that may indicate whether the
Supreme Court will decide to hear a case on appeal?
1. The president or other high ranking federal officer publicly calls on the Supreme
Court to review of the case.
2. The case involves a civil liberties or civil rights issue.
3. The judges on the lower appellate court have sharply divided opinions.
4. The subject matter of the case involves a social or political agenda that is
consistent with the dominant ideology of the Supreme Court.
5. The case involves a question of federalism.
a. 1, 2, & 5
b. 1, 2, & 3
c. 1, 2, 3, & 4
d. 1, 2, 3, & 5
6. Merits consciousness is the idea that a justice's
1. vote to grant certiorari reflects a predisposition by the justice to reverse a lower
court's decision based on the merits of the case.
2. vote to deny certiorari reflects a predisposition by the justice to reverse a lower
court's decision based on the merits of the case.
3. vote to grant or deny certiorari is highly associated with his or her political party
ideology.
4. vote to grant or deny certiorari is highly associated with his or her political party
affiliation.
5. will base his or her vote to grant or deny certiorari strictly on the degree or extent
of legal impact that the decision will ultimately have.
a. 1 only
b. 1 & 2
c. 3 & 4
d. 5 only
7. Which of the following determines whether the Supreme Court will issue a writ of
certiorari?
a. "gang of four"
b. "rule of five"
c. "rule of four"
d. "four on the floor"
8. The doctrine of stare decisis means
a. to reverse a decision of a lower court.
b. that the court does not have jurisdiction in a case.
c. to refer a case to the next highest court.
d. to stand on the decided cases - that is to decide a case based on the precedents
set in other similar cases.
9. The power of the courts to decide whether an act of another branch of government is
consistent with or contrary to the provisions of the Constitution is known as
a. judicial review. b. writs of judicial appeal. c. the greater judicial need doctrine.
d. the doctrine of common sense.
10. Appellate jurisdiction involves the authority of a court to
a. decide guilt or innocence in criminal cases.
b. determine the extent of damages in civil cases.
c. limit the jurisdiction of lower courts.
d. review the decisions of lower courts.
11. A writ of certiorari by the Supreme Court orders
a. both parties in a case to reach a settlement without further litigation.
b. a public official to discharge his or her duty.
c. a lower court to send it the records of a case for review.
d. the state legislature to rewrite legislation that was found to be unconstitutional.
12. Most petitions for writs of certiorari to the Supreme Court are
a. granted.
b. made by members of state legislatures.
c. ordered by state district courts.
d. denied.
13. Which of the following were established in class as criteria of judicial policymaking?
a. legal impact and policy impact
b. policy impact and compliance
c. legal impact and compliance
d. none of these
14. Which criterion of judicial policy-making refers to the "potential of a given court
decision to substantially alter or change an existing policy or practice?"
a. legal impact b. policy impact c. compliance d. none of these
15. The fact that public schools, particularly in the South, had not integrated two
decades after the Supreme Court's decision in BROWN V BOARD OF EDUCATION
illustrated the relevance of _______________ as a criterion of judicial policy-making.
a. legal impact b. policy impact c. compliance d. none of these
16. The criterion of judicial policy-making that requires parties affected by a court’s
decision to actually change or alter their behavior in accordance with the decision is
a. legal impact b. policy impact c. compliance d. none of these
17. Which of the following cases meet both of the criteria of judicial policy-making?
1. GRISWOLD V CONNECTICUT
2. ROE V WADE
3. MIRANDA V ARIZONA
4. PLESSY V FERGUSON
5. TEXAS V JOHNSON
a. 1, 2, & 3 b. 1, 2, 3, & 4 c. 1, 2, 3, & 5 d. all of the above
18. In MARBURY V MADISON, the Supreme Court held that
a. Madison had to deliver Marbury's judicial commission.
b. Congress could not change the original jurisdiction of the Supreme Court.
c. Congress could give the Supreme Court the power to issue writs of mandamus.
d. all of these.
19. A writ of mandamus is a court order compelling
a. both parties in a case to reach a settlement without further litigation.
b. a public official to discharge his or her duty.
c. a lower court to send it the records of a case for review.
d. the state legislature to rewrite legislation that was found to be unconstitutional.
20. Judicial activism refers to a philosophy that
a. implies a willingness on the part of judges to make liberal social policy.
b. implies a reluctance on the part of judges to make liberal social policy.
c. implies a willingness on the part of judges to use the power of judicial review to
declare an act or action of another branch of government unconstitutional and,
therefore, void.
d. implies a reluctance on the part of judges to use the power of judicial review to
declare an act or action of another branch of government unconstitutional and,
therefore, void.
21. Civil liberties declare what the government
a. should do.
b. must do or provide.
c. cannot do.
d. none of these.
22. 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 to the
Constitution.
23. According to Dye, the situation that is created when people must create laws and
governments to protect their freedom but the laws and governments themselves
restrict freedom is called the
a. irony of anarchy.
b. dichotomy of democracy.
c. classic dilemma of free government.
d. perils of free government.
24. According to Dye, the purpose of the U.S. Constitution is to limit governmental
power over the individual; that is, to
a. restrict the national government’s control over the states.
b. place personal liberty beyond the reach of government.
c. protect the rights of majorities against the demands of minorities.
d. none of these.
25. As originally presented in the Constitution, the Bill of Rights
a. limited only the power of the national government, not that of the states.
b. protected citizens from all levels of government.
c. protected citizens from national and state governments, but not from local
governments.
d. limited only the power of the states.
26. Most of the basic freedoms embraced by the Bill of Rights have been "incorporated"
(protected against state and local government interference) during the 20th Century
by the Supreme Court's interpretation of the
a. 9th Amendment.
b. 14th Amendment.
c. 15 Amendment.
d. Supremacy Clause.
27. Exceptions to the incorporation theory have included
a. the right to bear arms. b. the right to counsel.
c. the right to a grand jury hearing. d. a and c.
28. 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.
29. The constitutional prohibition on government from restricting religious beliefs or
practices is known as the
a. Free Exercise Clause.
b. Free Practice Clause.
c. No Interference Clause.
d. Religious Freedom Clause.
30. 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.
31. 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.
32. 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.
33. According to Ted Jelen (Chapter 5, Tatalovich and Daynes), 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.
34. With respect to the free exercise of religion, which group would argue that religious
practices can be regulated to the extent that 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
35. 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
36. 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.
37. 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.
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.
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’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.
41. 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.
42. 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 position. b. primary position. c. first class position. d. preferred position.
43. 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.
44. Words that “ordinary men know are likely to cause a fight” have been defined by the
USSC as __________ and are therefore not protected by the 1st Amendment.
a. “hot” words b. fighting words c. provoking words d. volatile words
45. According to Dye, which of the following terms was NOT included in the Roth (Roth
v U.S., 1957) definition of obscenity?
a. average person
b. contemporary standards
c. community standards
d. public opinion
46. The effect of the USSC’s Miller (Miller v California, 1973) standards has been to
increase the likelihood of conviction in
a. many politically conservative states.
b. libel/slander cases.
c. official corruption cases.
d. obscenity-pornography cases.
47. According to Daynes (Tatalovich and Daynes, Chapter 8), congressional and
bureaucratic efforts to regulate pornography have focused mainly on
a. preventing the dissemination of materials depicting homosexuality.
b. Preventing violent sexual acts against women.
c. Preventing the inclusion of children in pornographic materials and access by
children to pornography.
d. Preventing local governments from enacting regulations that are stronger than
those enacted by federal authorities.
48. The right to form and join organizations and associations is included in
a. most crowd control laws.
b. legislation framing the organization of unions.
c. freedom of expression.
d. freedom of assembly.
49. According to the participants in the videotaped program on “Hate Speech” (The
Constitution That Delicate Balance), which type of controls may authorities place
restrictions on the right to peacefully protest, parade, or demonstrate?
1. Content (what ideas may be expressed)
2. Time (when the ideas may be expressed)
3. Manner (how the ideas may be expressed)
4. Place (where the ideas may be expressed)
5. Group (which groups of people may express the ideas)
a. all of these b. 1, 2, 3, and 4 c. 1, 2, and 3 d. 2, 3, and 4
50. 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.
51. 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
52. The case alluded to in question #51 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.
53. 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.
54. 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
55. 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.
56. 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.
57. Civil rights declare what the government
a. should do. b. must do or provide. c. cannot do.
d. none of these.
58. 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
59. 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
60. 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.
61. 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.