Dautrich/Yalof American Government
Chapter 4: Civil Liberties
MULTIPLE CHOICE
1. The USA Patriot Act was enacted in October 2001. What powers did the law create and to whom
were the powers granted?
a. The Patriot Act was created to control and prosecute anyone who would stir discontent
and disloyalty concerning our military forces.
b. The Patriot Act gave the president broad power to arrest and detain any citizen or resident
whose speech was considered disloyal to the current administration.
c. The Patriot Act gave the federal government broad new powers to detain suspects, secretly
search their homes, and eavesdrop on telephone and email conversations.
d. The Patriot Act gave the FBI authority to search any citizen, at any time, without a warrant
or probable cause.
e. The Patriot Act was the formal declaration of war against Al Qaeda.
ANS: C
PTS: 1
REF: p. 90
TOP: Civil Liberties During Wartime: Now & Then
NOT: conceptual
2. Historically, what has been the effect on civil liberties in the United States during times of war?
a. The U.S. Constitution calls for martial law and suspends the Bill of Rights.
b. All civil protections are eliminated for any aliens or noncitizens.
c. Balancing civil liberties and national security has proven difficult, but normally citizens
lose or surrender at least some of their rights in exchange for security.
d. There is no difference between times of war and peace regarding the granting of civil
liberties.
e. The U.S. Constitution strictly regulates civil liberties and there is never room for
discretion by government officials, in times of peace or times of war.
ANS: C
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: conceptual
3. The crime of advocating the overthrow of the existing system of government is called
a. revolution.
b. anarchy.
c. internment.
d. tribunal.
e. sedition.
ANS: E
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
4. A constitutionally protected proceeding which allows a prisoner to question the legality of his/her
detention is called
a. sedition.
b. trial.
c. indictment.
d. subpoena.
e. habeas corpus.
ANS: E
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
5. What was the impact of the Alien Act in 1798 and how did it affect civil liberties?
a. The Alien Act protected noncitizens from loss of civil liberties by the government.
b. The Alien Act enacted a military draft for aliens currently living in the United States.
c. Due to fear of a pending war with France, the Alien Act authorized the president to order
out of the United States all aliens suspected of “treasonable or secret” inclinations.
d. The Alien Act greatly strengthened civil rights for all residents and protected them from
the government’s imposition of power.
e. The Alien Act prohibited the federal government from taking any action against aliens,
leaving that power to the state governments.
ANS: C
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
6. As one of four national defense acts passed by Congress in 1798, what was the effect of the Alien
Enemies Act?
a. It allowed the president to declare a disloyal citizen as an alien enemy, to strip the citizen’s
rights, and to deport the individual.
b. It declared as enemies any undocumented aliens in the United States at the time of
passage.
c. Enacted during a time of increasing tensions between the United States and France, it
allowed the president during wartime to arrest and imprison aliens subject to an enemy
power.
d. It declared that any illegal alien was an outlaw and subject to martial law.
e. It created and extended constitutional protections for aliens in the United States.
ANS: C
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
7. What did the Sedition Act of 1798 prohibit?
a. the publication of materials that brought the U.S. government into disrepute
b. the power of the federal government to control interstate commerce
c. the raising of militia by the state governments
d. the implementation of the draft
e. overseas travel by American citizens
ANS: A
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
8. In 1798, with Napoleon Bonaparte expanding French territory across Europe by force, the fledgling
nation of the United States enacted a series of four laws that were designed to prevent overthrow or
weakening of the nation. These laws were collectively referred to as
a. the Bill of Rights.
b. the Alien and Sedition Acts.
c. the Illegal Alien Deportation Act.
d. the Democratic Manifesto.
e. the Stamp Act.
ANS: B
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
9. A major factor in President John Adams’s failure to be reelected in 1800 was
a. his failure to secure a balanced budget.
b. his support for abolition of slavery.
c. his use of the Alien and Sedition Acts against his political opponents in the United States.
d. his use of the Sedition Act to subversively aid the French.
e. his ruling that the Bill of Rights was unconstitutional.
ANS: C
PTS: 1
REF: p. 91
TOP: Civil Liberties During Wartime: Now & Then
NOT: applied
10. What are “civil liberties”?
a. They are freedoms that can be taken during wars, if deemed necessary by Congress.
b. They are rights that are extended by state governments at the expense of the federal
government.
c. They are religious-based freedoms.
d. They are specific individual rights which cannot be taken away by government and are
guaranteed by the Constitution.
e. They are laws that enforce civility between citizens and are designed to also enforce the
peace.
ANS: D
PTS: 1
REF: p. 92
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
11. How does the term “civil liberties” differ from the term “civil rights”?
a. Lawsuits may be filed when violations of civil liberties occur, but they may not be filed
for violations of civil rights.
b. Civil liberties are voluntary while civil rights are mandatory.
c. In most cases, the terms mean the same thing.
d. Civil liberties are guaranteed by the Constitution and cannot be taken away, while civil
rights refer to the rights to equal treatment for specific groups based on race, gender, sex,
etc.
e. The term “civil liberties” was used prior to the twentieth century, while the term “civil
rights” was used afterward.
ANS: D
PTS: 1
REF: p. 92
TOP: Civil Liberties During Wartime: Now & Then
NOT: factual
12. Which rights are based on human society and exist even in the absence of formal government?
a. natural rights
b. citizenship rights
c. civil liberties
d. civil rights
e. legal jurisdiction
ANS: A
PTS: 1
REF: p. 92
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
13. In writing the Declaration of Independence, Thomas Jefferson stated that human beings are endowed
with certain “inalienable rights.” What did he mean by this statement?
a. The rights cannot be extended to noncitizens.
b. Any person who is in the country illegally is ineligible for legal protection.
c. The government “endows” certain rights so it can also deny them.
d. The rights cannot be denied by the government.
e. Only the state governments can guarantee rights to citizens.
ANS: D
PTS: 1
REF: p. 92
TOP: The Bill of Rights: Origins and Evolution
14. The term “liberties” normally refers to
a. rights and privileges extended to veterans.
NOT: conceptual
b.
c.
d.
e.
rights received from a higher authority, such as a government.
natural rights.
due process.
rights extended only during times of peace.
ANS: B
PTS: 1
REF: p. 92
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
15. Why did the Framers of the Constitution, such as James Madison, believe that a Bill of Rights to
guarantee individual rights was unnecessary at the federal level?
a. Madison believed that citizens should have faith and trust in their federal government
without requiring a legal document.
b. Madison believed that if the federal government wanted to violate rights it could certainly
do so with or without a Bill of Rights.
c. Madison believed that the federal government had only the powers it was explicitly given
so it had no power to infringe on rights in the first place, but should leave the protection of
individual rights to the states.
d. Madison believed that the federal government had no power to enforce such a Bill of
Rights.
e. Madison believed that the new Supreme Court would invalidate the Bill of Rights.
ANS: C
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: applied
16. The Declaration of Independence states that when a government created by “the consent of the
governed” fails to protect their rights, the people have the right to
a. hold the president and Congress criminally liable.
b. file a lawsuit in the federal courts.
c. turn to the state governments for relief.
d. alter or abolish such government.
e. file actions in state courts against the federal government.
ANS: D
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: conceptual
17. The section of the U.S. Constitution commonly referred to as the Bill of Rights consists of
a. the powers of the president to curtail individual rights.
b. the amendments to the Constitution, added in 1791 following ratification, that guarantee
individual rights.
c. Article III, which sets up the judicial branch.
d. voluntary measures to ensure domestic tranquility.
e. police powers that are designed to control citizen uprisings.
ANS: B
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
18. In the case of Barron v. Baltimore (1833) a private citizen attempted to apply the U.S. Constitution’s
Fifth Amendment as the basis for a state level civil suit. The practical effect of this ruling against the
private citizen
a. made the Bill of Rights virtually meaningless to the state governments.
b. turned public opinion sharply against the national government.
c. was a catalyst for commencement of the Civil War.
d. clearly established the subordination of state governments to the Bill of Rights.
e. established the right of states to control interstate commerce.
ANS: A
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: conceptual
19. In the twentieth century the Supreme Court became increasingly more willing to protect individuals
against intrusive state actions. What instrument gave the Supreme Court this authority?
a. the Civil Rights Act of 1871
b. the Alien and Sedition Acts
c. the First Amendment, which guaranteed freedom of speech
d. the Fourteenth Amendment, which guaranteed due process of law by the states
e. the free exercise clause
ANS: D
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
20. The Fourteenth Amendment is a broadly worded and widely utilized law. Its original intent, however,
was
a. to protect freed slaves from discriminatory state laws.
b. to ensure that the needs of the state governments were protected.
c. to protect President Lincoln from impeachment during a time of war.
d. to give citizens powerful rights against the government.
e. to protect the government from overly aggressive citizens.
ANS: A
PTS: 1
REF: p. 93
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
21. For well over 100 years, many Americans advocated that the Bill of Rights in the U.S. Constitution
applied only to federal government actions and that states were not bound by the amendments. How
has this trend changed?
a. In the early twentieth century, Congress passed a law which allowed the Bill of Rights to
be applied at the state level.
b. In the twentieth century, the Supreme Court began using a process called incorporation,
which utilized the Fourteenth Amendment to hold states accountable to the Bill of Rights
and the dictates of the First Amendment..
c. The Constitution was amended to require that its amendments be applied to state actions.
d. The Civil War decided this issue.
e. The civil rights movement of the mid-twentieth century brought attention to the lack of
uniform enforcement and opened the door for Congress to pass laws that required states to
recognize and apply the Bill of Rights.
ANS: B
PTS: 1
REF: p. 93-94
TOP: The Bill of Rights: Origins and Evolution
NOT: conceptual
22. How has the Supreme Court consistently used the Fourth Amendment in applying the Bill of Rights to
the state governments?
a. President Lincoln interpreted that the amendment required states to observe the “due
process” clause and by executive order required states to abide by it, which the Supreme
Court has since upheld.
b. Congress passed an “enforcement statute” that forced the Supreme Court to begin
recognizing the due process clause.
c. The Bill of Rights does not apply to state governments and their actions so the Supreme
Court has not referred to it in this regard.
d. The Supreme Court has applied the “due process” clause, ruling that the failure to
recognize any right in the Bill of Rights is a violation of this clause.
e. The Fourteenth Amendment explicitly requires that states recognize and enforce the Bill
of Rights in the U.S. Constitution, which the Supreme Court has upheld.
ANS: D
PTS: 1
REF: p. 94
TOP: The Bill of Rights: Origins and Evolution
NOT: conceptual
23. There are still a handful of rights and issues in the Bill of Rights that the Supreme Court has not, by
court ruling and opinion, required that the state governments recognize. One of the most well-known
rights that serves as such an example is
a. the First Amendment’s freedom of speech.
b. the First Amendment’s freedom of religion.
c. the Second Amendment’s right to bear arms.
d. the Sixth Amendment and the speedy trial requirement.
e. the Sixth Amendment and the right to an attorney.
ANS: C
PTS: 1
REF: p. 94
TOP: The Bill of Rights: Origins and Evolution
NOT: factual
24. Americans often hear the metaphor of a “wall of separation between church and state” when referring
to the First Amendment’s right to freedom of religion. When was this metaphor first used?
a. In the 1960s, by the Supreme Court when it became increasingly liberal and turned on “the
church”
b. In the second half of the twentieth century, when atheists began to influence Congress
c. During the Civil War, when religious groups demanded protection from government
abuses
d. In 1802 by President Thomas Jefferson, based in part on his fear of a national and official
church
e. Several thousand years ago, as a biblically based standard
ANS: D
PTS: 1
REF: p. 95
TOP: Freedom of Religion and the Establishment Clause
NOT: conceptual
25. The First Amendment’s free exercise clause bans government laws that prohibit the free exercise of
religion. An excellent example of applying this standard is the one faced by Jehovah’s Witnesses in
1943. What was that challenge?
a. The Supreme Court ruled that Jehovah’s Witnesses could not go door-to-door to advocate
for their beliefs.
b. The Supreme Court ruled that Jehovah’s Witnesses were out of the mainstream of
religious belief and were therefore not protected by the First Amendment.
c. The Supreme Court ruled that Jehovah’s Witnesses are not observing a “legitimate”
religion.
d. In West Virginia v. Barnette the Supreme Court ruled that the public school system could
not suspend students who as Jehovah’s Witnesses refused to salute the flag in their
classrooms.
e. In Brown v. Board of Education the Supreme Court upheld a law which banned prayer in
school by students who were Jehovah’s Witnesses.
ANS: D
PTS: 1
REF: p. 95
TOP: Freedom of Religion and the Establishment Clause
NOT: applied
26. Who makes the determination that a particular action or law is in violation of the free exercise clause
of the First Amendment?
a. the president
b. Congress
c. state legislatures
d. the U.S. Supreme Court
e. the voters
ANS: D
PTS: 1
REF: p. 95
TOP: Freedom of Religion and the Establishment Clause
NOT: factual
27. Which of the following is NOT an example of an opinion in which the Supreme Court ruled in favor of
religious groups using the First Amendment’s free exercise clause?
a. It ruled that the state of Wisconsin cannot require Amish children to attend school beyond
the eighth grade.
b. It required the state of South Carolina to pay unemployment benefits to a Seventh Day
Adventist who refused to work on Saturdays.
c. It refused to recognize a claim by a Mormon in 1878 of his right to practice polygamy.
d. It ruled that the state of North Carolina could require students to participate in public
school prayer.
e. It refused to recognize the right of two Oregon Native Americans to ingest the drug peyote
as part of a religious ritual after the two had been fired from their jobs as drug
rehabilitators.
ANS: D
PTS: 1
REF: p. 95-97
TOP: Freedom of Religion and the Establishment Clause
NOT: applied
28. In 1990, the U.S. Supreme Court ruling in Employment Division v Smith established what important
precedent concerning freedom of religion?
a. The ruling strongly encouraged active religious practice in the United States but was later
overturned by legislation.
b. The Supreme Court intended to force religious inclusion into the workforce.
c. The Supreme Court attempted to create a constitutional amendment that would further
strengthen the First Amendment.
d. The ruling gave social conservatives an inroad with which to file more lawsuits against the
government.
e. The ruling required state governments only to establish a “legitimate state interest” in
restricting religious freedoms.
ANS: E
PTS: 1
REF: p. 97
TOP: Freedom of Religion and the Establishment Clause
NOT: applied
29. What is the purpose of the establishment clause of the First Amendment?
a. It requires Congress to establish a national religion to be used as a foundation for other
religious efforts.
b. It prohibits the display of any religious symbols, gestures, or thoughts at any level of
government.
c. It prohibits the government from enacting any law “respecting the establishment of
religion.”
d. It establishes Christianity as the national religion, in keeping with the beliefs of the
founding fathers.
e. It ensures that any and all religious beliefs have equal and full support of the federal
government.
ANS: C
PTS: 1
REF: p. 97
TOP: Freedom of Religion and the Establishment Clause
NOT: conceptual
30. In a series of well-publicized Supreme Court rulings in 2005, Kentucky was required to remove the
Ten Commandments posted in some of its county courtrooms. However, Texas was allowed to keep a
monument on the state capital grounds that had the Ten Commandments listed. How did the Supreme
Court rationalize the Kentucky circumstance as unconstitutional, but not the Texas case?
a. Texas was a sovereign nation prior to becoming a state and was allowed to retain some of
its religious sovereignty.
b. Kentucky did not have the level of adequate legal representation during the proceedings as
did Texas.
c. The Texas case used a newer, more modern interpretation of the Ten Commandments that
was considered less controversial by the Supreme Court.
d. The Kentucky case involved religious displays inside of public courtrooms that are
involuntarily visible to anyone, whereas the Texas case involved a monument with a
historical context that is located on the grounds of the capitol building.
e. The Supreme Court showed its bias toward western states.
ANS: D
PTS: 1
REF: p. 98
TOP: Freedom of Religion and the Establishment Clause
NOT: applied
31. In several landmark cases in 1962, 1963, and 1985, the Supreme Court addressed the issue of prayer in
public school classrooms. What is and has been the opinion of the Supreme Court in this matter?
a. Each school district must look to its community standards concerning religion and follow
the majority of public opinion.
b. Community religious leaders have a limited right to advise school officials on religious
activities and teachings in the public schools.
c. Public schools may not allow any activities or speech that would advocate or advance a
particular religious belief, but instead the schools must act with a secular purpose.
d. Elementary schools may not advocate or require participation in prayer or bible study, but
high schools are exempt because of the maturity level of the students.
e. Though such prayer was once disallowed, the conservative sweep of the Supreme Court
after the 2004 presidential elections has led to its overturning the ban on school prayer.
ANS: C
PTS: 1
REF: p. 99
TOP: Freedom of Religion and the Establishment Clause
NOT: conceptual
32. As a compromise to the prayer in schools ban, many districts instituted “moments of silence.” The
1985 Supreme Court case of Wallace v. Jaffree addressed this issue. What was the Court’s ruling?
a. Moments of silence are fine so long as students are not coerced into participating.
b. Moments of silence are an acceptable alternative to prayer in school since there is no
coercion toward a certain religion.
c. Moments of silence are unconstitutional because they are mandatory and are usually
authorized in order to encourage religious prayers.
d. The Court skirted the issue and left the matter to the discretion of each state’s courts.
e. Moments of silence are acceptable if led by a student rather than a school official.
ANS: C
PTS: 1
REF: p. 99
TOP: Freedom of Religion and the Establishment Clause
NOT: applied
33. The 1971 Supreme Court ruling in Lemon v. Kurtzman created what is often referred to as the Lemon
test in determining the appropriate level of separation of church and state. Which of the following is
NOT a standard or condition of the Lemon test?
a. The statute must have a secular purpose.
b. The statute’s principal effect must be one that neither advances nor inhibits religion.
c. The statute must not foster excessive entanglement with religion.
d. The role of state governments does not apply under the Lemon test, therefore, states may
authorize religious cooperation.
e. The role of the government is to ensure that it takes a neutral stance regarding religion, so
it does not prohibit it but also does not advocate for it.
ANS: D
PTS: 1
REF: p. 99
TOP: Freedom of Religion and the Establishment Clause
NOT: conceptual
34. The issue of prayers at school graduations and ball games has also been addressed by the Supreme
Court as recently as 2000 in Santa Fe v. Doe. What is the stance of the Court in regard to prayers at
such events where attendance is voluntary?
a. Since attendance is voluntary and the participation in the prayer is not required, then the
prayers do not violate the Constitution’s protections.
b. The prayers are allowed because these events are attended by more adults than minors.
c. The Court failed to rule on the specific issue of prayer but discouraged it because of the
public nature of the event.
d. Even though attendance is voluntary, the prayer is unconstitutional because the attendees
are forced to participate and because it appears to be a state endorsement of religion.
e. The prayers are unconstitutional because not all religions have equal time allotted to offer
their prayers.
ANS: D
PTS: 1
REF: p. 100
TOP: Freedom of Religion and the Establishment Clause
NOT: factual
35. The First Amendment right to free speech or free expression is a revered and fundamental right in the
American political system. Which of the following is NOT one of the often-cited justifications for
protecting free speech?
a. Most other societies allow free speech, so to disallow it in the United States would create
undue tensions among citizens.
b. Free speech creates a “marketplace of ideas.”
c. Self-governance is dependent upon free speech.
d. Free speech can lead to self-fulfillment.
e. Free speech is a “safety valve” that balances the need for order with reform.
ANS: A
NOT: factual
PTS: 1
REF: p. 100-101
TOP: Free Expression Rights
36. The Supreme Court issued its 1919 ruling in the case of Schenck v. United States. Charles Schenck, a
leader of the American Socialist Party, was jailed for distributing anti-draft leaflets during time of
massive military build-up in the early months of American involvement in World War I. The Supreme
Court rejected Schenck’s request for release and in doing so established what precedent as a test of
free speech?
a. During war, a citizen is forbidden to criticize the government’s actions.
b. Speech may be restricted when a “clear and present danger” exists that the words will have
a broad negative effect on the citizenry.
c. During times of war, the president’s administration approves all exceptions to free speech.
d. The issue of restricting free speech is a state issue and is therefore out of the jurisdiction of
the Supreme Court.
e. When state court rulings and the Supreme Court rulings are in conflict, the state ruling will
become law since states are closer to the people.
ANS: B
NOT: conceptual
PTS: 1
REF: p. 101
TOP: Free Expression Rights
37. The First Amendment also guarantees freedom of the press. The press is considered speech but it is
does have some limitations. One such exception of speech or press that is restricted is in the case of
libel, which is defined as
a. the crime of printing or disseminating false statements that harm someone.
b. the unethical action of making light of someone in the presence of others.
c. the crime of lying in a public document.
d. any behavior that offends or creates an uncomfortable relationship.
e. the crime of embezzling readers with false information.
ANS: A
NOT: factual
PTS: 1
REF: p. 103
TOP: Free Expression Rights
38. In very limited cases, the courts may impose a limit on publication before certain material has actually
been published, based on the argument that the material will be libelous if published. This order not to
publish is called
a. judicial censorship.
b. cease and desist.
c. prior restraint.
d. judicial discretion.
e. libel diversion.
ANS: C
NOT: factual
PTS: 1
REF: p. 104
TOP: Free Expression Rights
39. With its ruling in Reno v. ACLU in 1997, the Supreme Court invalidated a federal law passed to
protect minors from “indecent” and “patently offensive” communications via the Internet. What was
the Court’s rationale in its invalidation of the federal law?
a. The Internet is impossible to police.
b. To restrict Internet speech in the United States would also restrict it in other countries.
c. In denying minors access to potentially harmful speech, the law suppressed a large amount
of speech that adults have a constitutional right to receive.
d. The Internet is no standard group or vehicle by which to define “decency,” much less to
enforce the standard.
e. Control of Internet speech is a role for the state governments, not the federal government.
ANS: C
NOT: conceptual
PTS: 1
REF: p. 106
TOP: Free Expression Rights
40. In various opinions over several decades the Supreme Court has protected what it refers to as
“symbolic speech.” Which of the following is NOT an example of symbolic speech?
a. publicly desecrating or burning the American flag
b. burning a draft card during a time of war
c. wearing black armbands in school or work as a sign of political protest
d. invoking symbols or actions that target a particular person or group with the intent of
causing harm
e. flying the American flag upside down
ANS: D
NOT: applied
PTS: 1
REF: p. 106-107
TOP: Free Expression Rights
41. The Second Amendment concerns American citizens’ “right to bear arms” yet this amendment has
long been a source of heated debate, confusion, and litigation. What has been the stance of the
Supreme Court on Second Amendment issues in the past few decades?
a. The Supreme Court has refused to rule on Second Amendment matters on the grounds that
it is perceived as a state issue instead of a federal issue.
b. Generally the Supreme Court has refused to restrict the right to bear arms, with only few
exceptions, such as in the use of assault rifle bans.
c. The Supreme Court has consistently chipped away at private ownership and use of guns.
d. The Supreme Court has historically avoided the subject of private gun ownership, but
recently appointed justices have signaled a dramatic shift toward strict gun control.
e. The Supreme Court believes that retreat on the Second Amendment will set a dangerous
precedent that will create a “slippery slope” on which retreat on First Amendment issues
will be imminent.
ANS: B
PTS: 1
REF: p. 109
TOP: The Second Amendment Right to Bear Arms
NOT: conceptual
42. Criminal laws that are retroactively applied to those who engaged in activities when they were not yet
illegal are called
a. backdoor laws.
b. fascist laws.
c. civil subpoenas.
d. bill of attainder.
e. ex post facto laws.
ANS: E
PTS: 1
REF: p. 110
TOP: The Rights of the Criminally Accused
NOT: factual
43. The Fourth Amendment has had a very strong impact on the American legal system and has been a
source of many Supreme Court rulings. The Fourth Amendment deals with
a. the right to bear arms.
b. the right to peaceably assemble and to petition the government for a redress of grievances.
c. the right of the people to be secure against unreasonable searches and seizures.
d. the powers of the state governments in relation to the federal government.
e. the right to an attorney.
ANS: C
PTS: 1
REF: p. 110
TOP: The Rights of the Criminally Accused
NOT: factual
44. The 1961 Supreme Court decision in Mapp v. Ohio created the exclusionary rule. What impact does
the exclusionary rule have on the American legal system?
a. The Bill of Rights does not apply to state criminal procedures, thus excluding state and
local police from Fourth Amendment restrictions.
b. Blatantly obvious evidence against a suspect excludes the police from having to secure a
warrant.
c. Any evidence obtained by police in violation of the Bill of Rights must be excluded from
admission in a court of law.
d. The police may never legally arrest anyone without a properly issued warrant in his or her
possession.
e. Individuals who enter the country illegally have no rights under the Constitution or
statutory criminal procedures.
ANS: C
PTS: 1
REF: p. 110-111
TOP: The Rights of the Criminally Accused
NOT: factual
45. What is the most frequently expressed complaint about the use of the exclusionary rule?
a. The federal government exerts too much power over the state governments.
b. The judiciary branch is attempting to circumvent and impose its preferences over the
legitimate powers of the elected legislature.
c. Allowing the use of the exclusionary rule opens the door to far too much discretion on the
part of the individual judges.
d. Even though the police may have erred in seizing the evidence, a potential criminal is
freed.
e. The Supreme Court has not clearly defined the conditions in which the rule is to be used.
ANS: D
PTS: 1
REF: p. 111
TOP: The Rights of the Criminally Accused
NOT: applied
46. In recent years, the Supreme Court has allowed some illegally seized evidence to be admitted under
very narrow circumstances, such as when the police were not at fault (for example, the judge signing
the warrant did not have jurisdiction). Such an example of the relaxing of rules is referred to as
a. blind obedience.
b. the ignorance rule.
c. the good faith exception.
d. judicial malfeasance.
e. judicial oversight.
ANS: C
PTS: 1
REF: p. 111
TOP: The Rights of the Criminally Accused
NOT: factual
47. The Fifth Amendment creates several rights in regard to the criminally accused. One such right is the
grand jury review. What is the purpose of this process?
a. The grand jury reviews probable cause and, if it finds such, will return a formal indictment
of the accused.
b. The grand jury decides the guilt or innocence of the accused.
c. The grand jury serves as an advisory board to the judge.
d. The grand jury serves in place of the prosecutor in states where the position does not exist.
e. The grand jury monitors the trial of the accused and reports observed violations to the
Administrative Office of the Courts.
ANS: A
PTS: 1
REF: p. 112
TOP: The Rights of the Criminally Accused
NOT: factual
48. The Fifth Amendment also protects the accused from being tried twice for the same crime. To do so
would constitute what the Constitution refers to as
a. illegal subpoena.
b. judicial unrestraint.
c. judicial exclusion.
d. double jeopardy.
e. indictment.
ANS: D
PTS: 1
REF: p. 112
TOP: The Rights of the Criminally Accused
NOT: factual
49. One of the most well-known interpretations of the Fifth Amendment by the Supreme Court is the case
of Miranda v. Arizona in 1966. The “Miranda warning” is often quoted in popular media. Which of
the following is NOT a right that is advised during the Miranda warning?
a. the right to remain silent
b. surrender of the right to remain silent, which may result in statements being used as
evidence against accused
c. the right of the suspect to be released from jail or police custody if an attorney is not
readily available
d. the right to an attorney during questioning
e. the right to an appointed attorney free of charge if the suspect cannot afford to retain one
ANS: C
PTS: 1
REF: p. 113
TOP: The Rights of the Criminally Accused
NOT: factual
50. Which of the following is NOT a right guaranteed by the Eighth Amendment?
a. the right to bail that is not excessive
b. freedom from excessive fines
c. freedom from cruel and unusual punishment
d. the right to a jury trial
e. the ability to reasonably obtain release from secure confinement, pending disposition of
the criminal charges
ANS: D
PTS: 1
REF: p. 114
TOP: The Rights of the Criminally Accused
NOT: factual
51. What is the stance of the Supreme Court in regard to the death penalty?
a. The death penalty is unconstitutional, though states may use it if their state courts approve.
b. If one state has a death penalty statute, then all states must also have such a statute.
c. The death penalty is not considered unconstitutional unless it is used for a juvenile under
the age of eighteen or a mentally retarded person.
d. The Supreme Court has encouraged the use of the death penalty as punishment and
deterrence.
e. The Supreme Court has consistently ruled that the nothing in the Constitution can be used
to address the issue of the death penalty.
ANS: C
PTS: 1
REF: p. 114-115
TOP: The Rights of the Criminally Accused
NOT: conceptual
ESSAY
1. The right of any woman to have an abortion was first established in the 1973 Supreme Court ruling in
Roe v. Wade. The Constitution says nothing about abortion, so it is not an enumerated right. Where in
the Constitution did the Supreme Court base its rationale for legalized abortion? What have been
some of the most recent challenges to Roe v. Wade?
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 115-116
TOP: The Modern Right to Privacy
2. The Supreme Court has clearly refused to halt the use of the death penalty in the United States.
However, through various opinions the Court has made a number of exceptions to its finding that the
death penalty is not unconstitutional. List and discuss some of these exceptions.
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 114-115
TOP: The Rights of the Criminally Accused
3. The debate over civil liberties in the United States often becomes very passionate and heated. The
issue of prayer in public school classrooms has raised many such emotions. Discuss the
constitutionality issues regarding prayer in school, a “moment of silence” in school, and prayer at
school events or athletic competitions. How has the Supreme Court ruled on these issues in the past
and what is the most recent stance of the Court in this debate?
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 99-100
TOP: Freedom of Religion and the Establishment Clause
4. Until the twentieth century, many Americans believed that the Bill of Rights in the U.S. Constitution
was applicable only to the federal government and not to the states. Describe how the Supreme Court
used the Fourteenth Amendment to advance and apply the Bill of Rights more broadly and uniformly.
What has been the impact of the Court’s actions over the past thirty to forty years in regard to civil
liberties?
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 93-94
TOP: The Bill of Rights: Origins and Evolution
5. Discuss the ongoing debate over the Second Amendment and the right to bear arms. What is the stance
of the Supreme Court on this issue and how does the Court position itself to rule on matters of gun
regulation? What is the Brady Law and what impact has it had on gun control issues?
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 109-110
TOP: The Second Amendment Right to Bear Arms
6. What rights are guaranteed in the Ninth Amendment? What well-known social and political issue has
been argued for decades, based on the rights provided by this Amendment? Discuss the pros and cons
of this issue. Then describe several additional issues that have recently been debated based on the
Ninth Amendment.
ANS:
Answers may vary.
PTS: 1
NOT: applied
REF: p. 115-116
TOP: The Modern Right to Privacy