Temple College – Cameron Center
Government 2302
Summer II, 2001
Exam #3
THIS EXAM IS COMPOSED OF SEVEN (7) PARTS READ AND
FOLLOW THE INSTRUCTIONS FOR EACH PART CAREFULLY.
PLEASE DO NOT WRITE ON THE TEST BOOKLET UNLESS
OTHERWISE INSTRUCTED! 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. USE A No. 2 PENCIL TO INDICATE YOUR
ANSWERS. BE SURE TO WRITE YOUR NAME ON YOUR
ANSWER SHEET AND BLUE BOOK!!
INDICATE YOUR ANSWERS FOR THE OBJECTIVE SECTIONS
(PART I and II.) ON THE ANSWER SHEET PROVIDED. WRITE
YOUR ANSWERS FOR PARTS III – VII LEGIBLY IN THE BLUE
BOOK PROVIDED. PLEASE USE BLUE OR BLACK INK.
PLEASE PLACE EVERYTHING EXCEPT THIS EXAM, ANSWER
SHEET, BLUE BOOK, AND YOUR PEN/PENCIL ON THE FLOOR
UNDER THE TABLE. USING CLASS NOTES, TEXTS, OR ANY
OTHER AIDS ARE NOT PERMITTED ON THIS EXAM. OF
COURSE, TALKING WITH CLASSMATES DURING THE EXAM IS
EXPRESSLY PROHIBITED. IF YOU HAVE QUESTIONS ABOUT
THE EXAM, PLEASE ASK THE INSTRUCTOR.
RELAX AND DO YOUR BEST WORK.
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. 13 items/1.25 pts. each.
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. The Supreme Court has held that all forms of speech are protected by the speech
clause of the 1st Amendment.
5. 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.
6. 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.
7. Symbolic speech, like verbal speech, can be banned simply if it offends a person.
8. Libel and slander are protected by the 1st Amendment against subsequent
punishment.
9. Freedom of assembly includes not only the right to form and join organizations and
associations, but also to be private in those associations.
10. 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.
11. In Bowers v Hardwick, the Supreme Court ruled that state anti-sodomy laws were
invalid because they violate the constitutional right of privacy.
12. According to the Supreme Court, state “blue laws” are unconstitutional and are
tantamount to an “establishment of religion.”
13. 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. 27 items/1.25 pts. each.
14. Civil liberties declare what the government
a. should do.
b. must do or provide.
c. cannot do.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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
21. 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.
22. 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.
23. 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.
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. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
32. 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. held that the law does not violate 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.
33. 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.
34. 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.
35. 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
36. 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.
37. 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
38. 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.
39. 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.
40. 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.
PART III. SHORT ANSWER 1.
Answer one (1) of the following in a paragraph.
Do NOT answer specific parts as separate items. Integrate your responses into a wellorganized, well-constructed paragraph. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that the instructor will “know what
you mean.” WRITE LEGIBLY IN INK!. Use the space below and on the back of this
page (if necessary) to write your answer. 10 points.
1. Identify and discuss the constitutional provisions relating to the right of privacy.
Explain the significance of GRISWOLD V CONNECTICUT [1965] in the area of privacy.
2. Discuss the significance of ROE V WADE [1973]. What were the “compelling state
interests” asserted by the State of Texas? How did the USSC respond to these
arguments?
3. Discuss Jelen’s typology of views towards church-state relations (i.e., the
Establishment Clause  accommodationist versus separationist views and the Free
Exercise Clause  communalist versus libertarian). Include in your discussion
descriptions of the resulting categories: Christian preferentialist, religious minimalist,
religious nonpreferentialist, religious free-marketeer.
PART IV. SHORT ANSWER 2.
Answer one (1) of the following in a paragraph.
Do NOT answer specific parts as separate items. Integrate your responses into a wellorganized, well-constructed paragraph. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that the instructor will “know what
you mean.” WRITE LEGIBLY IN INK!. Use the space below and on the back of this
page (if necessary) to write your answer. 10 points.
1. What is the “valid secular test”? How consistent has the USSC been in applying the
test? Use examples of USSC decisions to illustrate.
2. What is the “Lemon test”? How consistent has the USSC been in applying the test?
Use examples of USSC decisions to illustrate.
PART V. SHORT ANSWER 3.
Answer one (1) of the following in a paragraph.
Do NOT answer specific parts as separate items. Integrate your responses into a wellorganized, well-constructed paragraph. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that the instructor will “know what
you mean.” WRITE LEGIBLY IN INK!. Use the space below and on the back of this
page (if necessary) to write your answer. 10 points.
1. Discuss the role of Congress in developing policy with respect to the abortion, gay
rights, and pornography issues.
2. Discuss the role of federalism (state and local governments) in developing policy
with respect to the abortion, gay rights, and pornography issues.
PART VI. SHORT ANSWER 4.
Answer one (1) of the following in a paragraph.
Do NOT answer specific parts as separate items. Integrate your responses into a wellorganized, well-constructed paragraph. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that the instructor will “know what
you mean.” WRITE LEGIBLY IN INK!. Use the space below and on the back of this
page (if necessary) to write your answer. 10 points.
1. Outline and discuss the main features of public opinion with respect to the abortion,
gay rights, and pornography issues.
2. Identify the major interest groups that have been active in the policy debates over
the abortion, gay rights, and pornography issues. Discuss the positions that these
groups take on each issue.
PART VII. SHORT ANSWER 5.
Answer one (1) of the following in a paragraph.
Do NOT answer specific parts as separate items. Integrate your responses into a wellorganized, well-constructed paragraph. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that the instructor will “know what
you mean.” WRITE LEGIBLY IN INK!. Use the space below and on the back of this
page (if necessary) to write your answer. 10 points.
1. Identify and explain three categories of “unprotected speech.”
2. What is “symbolic speech”? Does the USSC recognize symbolic speech as being
protected by the 1st Amendment? Discuss.