Temple College
Government 2302
Fall, 2000
Exam #3
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.
PART I. TRUE OR FALSE. INSTRUCTIONS: Answer each of the following
items by marking “A” on your answer sheet if the statement is TRUE or “B” if the
statement is FALSE. 16 items.
1. The basic purpose of the Constitution – and especially the Bill of Rights – is to limit
governmental power over the individual.
2. The historical intent of the 14th Amendment was to secure equality for the newly
freed slaves.
3. While a person’s religious beliefs are absolutely protected by the 1st Amendment, the
United States Supreme Court has generally upheld governmental restrictions on
religious practices when the restrictions have been enacted for valid, secular
purposes.
4. In the School District of Abington Township v Schempp, the Supreme Court
specifically held that mentioning Bible verses in public schools, even as a historical
record, violated the Establishment Clause of the 1st Amendment.
5. The Supreme Court has held that all forms of speech are protected by the speech
clause of the 1st Amendment.
6. As a general rule, when determining where to “draw the line” between the perceived
right of the individual and the interest of the state (government) on civil liberties
issues, the courts have required individuals to show why their rights should be given
precedence over the interest of the community.
7. The courts have never been willing to permit government restrictions on the rights of
free speech, free press, and freedom of assembly, even in times of perceived
national crisis.
8. Symbolic speech, like verbal speech, can be banned if it offends people.
9. Libel and slander have been protected by the 1st Amendment against subsequent
punishment.
10. Obscene materials of all kinds are protected by the 1st Amendment.
11. Freedom of assembly includes not only the right to form and join organizations and
associations, but also to be private in those associations.
12. The Hyde Amendment bans the use of Medicaid funds to pay for abortions except
in cases in which the mother’s life is endangered and cases of rape or incest.
13. In Bowers v Hardwick, the Supreme Court ruled that state anti-sodomy laws were
invalid because they violate the constitutional right of privacy.
14. The Defense of Marriage Act passed by Congress in 1996 permits states to refuse
to recognize same-sex marriages obtained in other states if they do not fit within the
former’s definition of marriage.
15. According to the Supreme Court, state “blue laws” are unconstitutional and are
tantamount to an “establishment of religion.”
16. According to the Supreme Court, the act of burning an American flag constitutes
“fighting words” and can be prohibited by state laws.
PART II. 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. 34 items.
17. Civil liberties declare what the government
a. should do.
b. must do or provide.
c. cannot do.
18. Civil rights declare what the government
a. should do. b. must do or provide. c. cannot do.
d. none of these.
d. none of these.
19. Actions other than speech itself, but protected by the 1st Amendment because they
constitute political expression, are called
a. action freedom.
b. symbolic action.
c. symbolic speech.
d. demonstrative speech.
20. Words that “ordinary men know 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.
21. 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.
22. According to the Dye text, the effect of the Supreme Court’s Miller Standards has
been to increase the likelihood of conviction in?
a. many conservative states.
b. libel/slander cases.
c. public official cases.
d. obscenity-pornography cases.
23. 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.
24. 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
25. According to Ruth Ann Strickland, which of the following was TRUE of public opinion
in the1990s 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
26. 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 or using
profanity in public.
27. 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.
28. According to the Dye text, 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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
38. 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
39. 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.
40. 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.
41. 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.
42. 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.
43. 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
44. The case alluded to in question #43 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.
45. 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.
46. 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
47. 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.
48. 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.
49. 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.
50. 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.