Ch. 4 & 5 Flashcards
1
Q
1) Civillibertiesare
A)freedomsthatarenotspecifiedintheConstitutionorinstatutorylaws,butmakeupthe UnwrittenConstitution.
B) therightstovoteandparticipateinthepoliticalprocessinademocracy.
C) lawsthatprovideandsetlimitsononeʹsfreedoms.
D) citizensʹrightstoequaltreatmentunderthelaw.
E) individuallegalandconstitutionalprotectionsagainstthegovernment.
A
E)individuallegalandconstitutionalprotectionsagainstthegovernment
2
Q
2) Americansʹcivillibertiesaresetdownin A) theDeclarationofIndependence. B) theBillofRights. C) ArticleIoftheConstitution. D) nowrittendocumentorlaw. E) thePreambletotheConstitution.
A
B) theBillofRights
3
Q
3) The\_\_\_\_\_\_\_\_isthefinalinterpreterofthecontentandscopeofAmericansʹcivilliberties. A) president B) Congress C) SupremeCourt D) AmericanCivilLibertiesUnion E) Constitution
A
C) SupremeCourt
4
Q
4) Civillibertiesconsistof
A) legalandconstitutionalprotectionsagainstthegovernment.
B) therighttobetreatedequallyunderthelaw.
C) thecumulativedecisionsoftheSupremeCourt.
D) therightofcitizenstosuegovernment
A
A) legalandconstitutionalprotectionsagainstthegovernment
5
Q
5) AtthetimeoftheratificationoftheConstitution,
A) allstateshadbillsofrightsbuttherewasnonationalBillofRights.
B) thenationalBillofRightsalsoappliedtothestates.
C) therewerenobillsofrightsintheUnitedStates.
D) boththenationalgovernmentandthestateshadbillsofrights.
E) thenationalgovernmenthadaBillofRightsbut,therewerenostatebillsofrights.
A
A) allstateshadbillsofrightsbuttherewasnonationalBillofRights.
6
Q
6) TheBillofRightswaswrittenandproposedby
A) theUnitedStatesSupremeCourtin1796.
B) theFirstCongressoftheUnitedStatesin1789.
C) theConstitutionalConventionin1787.
D) PresidentGeorgeWashingtonin1789.
E) PresidentThomasJeffersonin1801.
A
B) theFirstCongressoftheUnitedStatesin1789.
7
Q
7) TheBillofRightswasadoptedprimarilyinresponseto
A) theSpanishInquisition.
B) Britishabusesofthecolonistsʹcivilliberties.
C) theabusescommittedbytheUnitedStatesContinentalArmyduringtheRevolutionary War.
D) thehorrorsoftheFrenchRevolution.E) ShaysʹRebellion.
A
B) Britishabusesofthecolonistsʹcivilliberties.
8
Q
8) WhichofthefollowingstatementsabouttheBillofRightsisFALSE?
A) TheBillofRightswaswrittenbytheFirstCongressoftheUnitedStates.
B) TheBillofRightsconsistsofthefirsttenamendmentstotheConstitution.
C) MoststateconstitutionsdidnothaveaBillofRightsatthetimeoftheConstitutional Convention.
D) ManystatesmadeadoptionofaBillofRightsaconditionofratificationofthe Constitution.
E) TheConstitutionof1787containednoBillofRights.
A
C) MoststateconstitutionsdidnothaveaBillofRightsatthetimeoftheConstitutional Convention.
9
Q
9) Inthecaseof\_\_\_\_\_\_\_\_,theSupremeCourtruledthattheBillofRightsrestrainedonlythe nationalgovernment,notstatesandcities. A) Mirandav.Arizona B) Barronv.Baltimore C) NewYorkv.theUnitedStates D) Engelv.Vitale E) Gitlowv.NewYork
A
B) Barronv.Baltimore
10
Q
10) Thegreatfreedomsofspeech,press,religion,andassemblyarecontainedinthe
A) First,Second,ThirdandFourthAmendments.
B) FourthAmendment.
C) SecondAmendment.
D) ThirdAmendment.
E) FirstAmendment.
A
E) FirstAmendment.
11
Q
11) TheSupremeCourtdecisioninBarronv.Baltimore (1833)maintainedthattheBillofRights intendedtoprevent
A) boththenationalandstategovernmentsfromviolatingcivilrights.
B) citiesfromtakingprivatepropertywithoutdueprocess.
C) onlythenationalgovernmentfromabridgingcivilliberties.
D) thestatesfrominfringingonindividualrights.
E) theUnitedStatesgovernmentfromgrantingtitlesofroyalty.
A
C) onlythenationalgovernmentfromabridgingcivilliberties.
12
Q
12) Today,________applytothestates.
A) alloftheBillofRightsexcepttheFirstAmendment
B) alloftheBillofRights
C) noneoftheBillofRights
D) fouramendmentsoftheBillofRights
E) allbutfiveprovisionsoramendmentsoftheBillofRights
A
E) allbutfiveprovisionsoramendmentsoftheBillofRights
13
Q
13) Beginningwiththecaseof\_\_\_\_\_\_\_\_in1925,theSupremeCourtbegantorulethattheBillof Rightsapplieddirectlytothestates,aswellastothenationalgovernment. A) UnitedStatesv.BillofRights B) Mirandav.Arizona C) Engelv.Vitale D) Barronv.Baltimore E) Gitlowv.NewYork
A
E) Gitlowv.NewYork
14
Q
14) IndecidingtoincorporatepartsoftheBillofRightsintostatelawssince1925,theSupreme Courthasreliedonthedueprocessclauseofthe A) FirstAmendment. B) Twenty-sixthAmendment. C) FourteenthAmendment. D) FifthAmendment. E) EighteenthAmendment.
A
C) FourteenthAmendment
15
Q
15) The\_\_\_\_\_\_\_\_includestheclauseʺCongressshallmakenolawrespectinganestablishmentof religion.ʺ A) FifthAmendment B) FirstAmendment C) SecondAmendment D) ReligiousRightsAmendment E) FourteenthAmendment
A
B) FirstAmendment
16
Q
16) Theincorporationdoctrineinvolves
A) applicationoftheBillofRightstothestates.
B) thegovernmentʹspowertoregulatecorporations.
C) theproceduresforcreatingacitygovernment.
D) theinterpretationofthecommerceclause.
E) theextensionofjudicialreviewtostatecourts.
A
A) applicationoftheBillofRightstothestates.
17
Q
17) ThomasJeffersonarguedthattheFirstAmendmentcreatedaʺwallofseparationʺbetween
A) thegovernmentandthepeople.
B) theCongress,thepresident,andtheSupremeCourt.
C) thepeopleandtheSupremeCourt.
D) churchandstate.
E) menandwomen.
A
D) churchandstate.
18
Q
18) UnlikeGreatBritainandmanyothernations,theUnitedStatesdoesnothavean\_\_\_\_\_\_\_\_ churchthatisofficiallysupportedbythegovernmentandrecognizedasanationalinstitution. A) ecclesiastical B) adjudicated C) imperial D) incorporated E) established
A
E) established
19
Q
19) Today,________have(has)anestablishedchurchthatisofficiallysupportedbythe government.
A) theUnitedStates
B) nonation
C) GreatBritain
D) allnations
E) boththeUnitedStatesandGreatBritain
A
C) GreatBritain
20
Q
20) InGitlowv.NewYork(1925),thedecisionthatstatescouldnotabridgethefreedomsof expressionprotectedbytheFirstAmendmentwasbasedonthe A) FifthAmendment. B) NewYorkStateConstitution. C) FourteenthAmendment. D) FirstAmendment. E) exclusionaryruleofthejudiciary.
A
C) FourteenthAmendment.
21
Q
21) ThesignificanceofGitlowv.NewYork (1925)wasthat
A) aprovisionoftheBillofRightswasappliedtothestatesforthefirsttime.
B) thenationalgovernmentwaspreventedfromviolatingtheBillofRights.
C) astateconstitutionhadprecedenceovertheUnitedStatesConstitutionwithinthatstate.
D) theBillofRightswasinterpretedasrestrainingonlythenationalgovernmentandnot citiesorstates.
E) theU.S.Constitutionhasprecedenceoverthestateconstitutionwithinthestate.
A
A) aprovisionoftheBillofRightswasappliedtothestatesforthefirsttime.
22
Q
22) Aidtoparochialschoolswasfirstpassedinthe1960sattherequestof A) RichardM.Nixon. B) JimmyCarter. C) JohnF.Kennedy. D) LyndonJohnson. E) BarryGoldwater.
A
D) LyndonJohnson.
23
Q
23) InLemonv.Kurtzman,theSupremeCourtestablishedthataidtochurch-relatedschoolsmust doallofthefollowingEXCEPT
A) haveasecularpurpose.
B) inhibitreligion.
C) notadvancereligion.
D) notcreateexcessivegovernmententanglementwithreligion.
E) treatallreligionsequally.
A
B) inhibitreligion.
24
Q
24) Theabridgmentofcitizensʹfreedomtoworship,ornottoworship,astheypleaseisprohibited bythe A) dueprocessclause. B) establishmentclause. C) freeexerciseclause. D) freedomofreligion. E) SecondAmendment.
A
C) freeexerciseclause.
25
25) In dealing with First Amendment cases involving religion, the Supreme Court has ruled that
A) the Constitution does not protect anti-religious beliefs and practices.
B) such questions should be resolved at the state and local levels of government.
C) while all religious beliefs are constitutionally protected, all religious practices are not.
D) government must not interfere with any expression of religious faith.
E) none of the above
C) while all religious beliefs are constitutionally protected, all religious practices are not.
26
26) In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that
A) any aid of any sort to church-related schools is not constitutional, because it violates church-state separation.
B) aid to church-related schools is fully constitutional, and can be used for any purposes needed by the schools.
C) spoken prayers in public schools were unconstitutional.
D) aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion.
E) devotional Bible-reading in public schools was unconstitutional.
D) aid to church-related schools must be for secular purposes only, and cannot be used to advance or inhibit religion.
27
27) In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were) unconstitutional.
A) prayers done as classroom exercises in public schools
B) the Connecticut statute barring the distribution of birth control information
C) segregation
D) prior restraint
E) police search or seizure without an authorized warrant
A) prayers done as classroom exercises in public schools
28
28) The Supreme Court has interpreted the establishment clause of the First Amendment as
A) grounds for denying federal aid to children attending parochial schools.
B) merely preventing the establishment of a national church.
C) prohibiting school-organized Bible-reading and prayer in public schools
D) allowing nondenominational school prayer.
E) all of the above
C) prohibiting school-organized Bible-reading and prayer in public schools.
29
29) Which of the following statements about religion and politics is FALSE?
A) Many school districts have simply ignored the Supreme Courtʹs ban on school prayer and hold prayers in their classrooms
B) The religious diversity in America has made it difficult to establish one state religion such as Britain has.
C) The Supreme Court has never permitted the claim of religious freedom to permit every sort of behavior.
D) Efforts are underway to amend the Constitution to permit school prayer.
E) In recent years, religious issues and controversies have become less visible in political debate.
E) In recent years, religious issues and controversies have become less visible in political debate.
30
30) In Lemon v. Kurtzman (1971), the Supreme Court ruled that
A) states can prohibit pornography despite the freedom of the press.
B) aid to church-related schools must have a secular legislative purpose.
C) religious freedom takes precedence over compulsory education laws.
D) an official prayer at a public-school graduation violated the constitutional separation of church and state.
E) voluntary prayer in public schools is unconstitutional.
B) aid to church-related schools must have a secular legislative purpose.
31
31) The Supreme Court has ruled that government aid to church-related schools
A) is acceptable for things such as field trips and teacher salaries, but not for textbooks or transportation to school.
B) is permitted when the aid is for a non-religious purpose.
C) is acceptable if the school is affiliated with a major religion but not for small, fringe religious sects.
D) violates the Establishment Clause.
E) does not constitute an establishment of religion.
B) is permitted when the aid is for a non-religious purpose.
32
32) Government aid to religious schools has been a major issue
A) since the Civil War.
B) since the colonial era
C) since the mid 1960s.
D) since ratification of the Bill of Rights.
E) since the growth of the fundamentalist movement in the 1980s.
C) since the mid 1960s.
33
33) Which of the following is NOT a free exercise issue?
A) animal sacrifice
B) religious use of peyote
C) teacher led prayers in public schools
D) whether Amish children must go to school
E) none of the above
C) teacher led prayers in public schools
34
34) In 2005, the Supreme Court found that two Kentucky counties violated the establishment clause of the First Amendment by
A) establishing English as the ʺofficial first language of the State of Kentucky.ʺ
B) by posting the Ten Commandments as a way of promoting religion.
C) banning ʺintelligent designʺ from the curriculum
D) providing an ʺinefficientʺ system of public education.
E) requiring students to say the Pledge of Allegiance.
C) banning ʺintelligent designʺ from the curriculum
35
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35) During the 1980s, the Supreme Court ________ the displaying of Christmas nativity scenes and Hanukkah menorahs on public property.
A) refused to hear cases challenging
B) first permitted and then prohibited
C) upheld the constitutionality of
D) declared unconstitutional
E) encouraged
```
C) upheld the constitutionality of
36
36) In free exercise cases, the Supreme Court
A) allows the government to interfere with religious practices as long as it is not specifically aimed at religion.
B) permits the government to interfere with religious practices.
C) prohibits prayer in public schools but permits government aid to religious schools.
D) prohibits the government from interfering with religious practices.
E) never allows the government to interfere with religious practices.
A) allows the government to interfere with religious practices as long as it is not specifically aimed at religion.
37
37) In regard to the free exercise clause, the Supreme Court has made each of the following rulings EXCEPT
A) polygamy may be justified for Mormons on religious grounds.
B) the Air Force can enforce its dress code even against religiously based dress choices.
C) Amish parents may take their children out of school after the eighth grade.
D) people could become conscientious objectors to war on religious grounds.
E) public schools cannot require Jehovahʹs Witnesses to attend flag saluting ceremonies.
A) polygamy may be justified for Mormons on religious grounds.
38
38) The Supreme Court ruled that freedom of religious practice was more important than the right of the government to interfere in deciding in favor of
A) a Mormon who justified polygamy on religious grounds.
B) the right of Amish parents in Wisconsin to take their children out of public school after the eighth grade.
C) the right of an orthodox Jewish Air Force captain to wear his yarmulke despite the strict military dress code.
D) the Louisiana law requiring schools that taught Darwinian theory to teach the Bibleʹs version of creation as well.
E) Christian Scientistsʹ religious opposition to scientific medical treatment for themselves or their children.
B) the right of Amish parents in Wisconsin to take their children out of public school after the eighth grade.
39
39) Freedom of expression
A) has sometimes been limited when it conflicts with other rights and values.
B) is protected by the Fourth and Fifth Amendments.
C) is an absolute right protected by the First Amendment.
D) includes freedom of speech and press, but not actions.
E) would not protect a political rally to attack an opposition candidateʹs stand on issues.
A) has sometimes been limited when it conflicts with other rights and values.
40
40) Which of the following statements about freedom of expression is FALSE?
A) Universities cannot prohibit racial, religious, or sexual insults.
B) Obscenity and libel are not protected by the First Amendment.
C) Picketing is considered symbolic speech and receives First Amendment protection.
D) Government can limit expression more easily than it can limit action.
E) Holding a political rally to attack an opposition candidateʹs stand on important issues gets First Amendment protection.
D) Government can limit expression more easily than it can limit action.
41
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41) ________ refers to a governmentʹs censorship of material before it is published.
A) The exclusionary rule
B) Probable cause
C) Equal protection
D) Prior restraint
E) Just cause
```
D) Prior restraint
42
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42) In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint?
A) Wisconsin v. Yoder
B) Miranda v. Arizona
C) Near v. Minnesota
D) New York Times v. Sullivan
E) Mapp v. Ohio
```
C) Near v. Minnesota
43
43) The extent of an individualʹs or groupʹs freedom from prior restraint depends on
A) whether the nation is at war.
B) nothing-it is absolute.
C) the moods of the Supreme Court justices.
D) who the individual or group is.
E) the Constitution.
D) who the individual or group is.
44
44) In its Near v. Minnesota decision of 1931, the Supreme Court ruled that
A) the state government could not use prior restraint to shut down an outspoken newspaper.
B) a school newspaper was not a public forum and could be regulated ʺin any reasonable mannerʺ by school officials.
C) states had the power to use prior restraint broadly, but the national government did not.
D) a CIA agent could not publish a personal memoir without clearing it through the agency.
E) states were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly.
A) the state government could not use prior restraint to shut down an outspoken newspaper.
45
45) The Supreme Court has permitted prior restraint of which of the following?
A) high school newspapers
B) compact discs by 2 Live Crew
C) the Pentagon Papers
D) a newspaper that called local officials ʺJewish gangstersʺ
E) It has permitted prior restraint of all of these.
A) high school newspapers
46
46) The Pentagon Papers dealt with
A) a documented history of United States involvement in the Vietnam War which the government wanted kept secret.
B) a documented history of United States involvement in the Korean War which the government wanted kept secret.
C) prisoners of war from World War II.
D) secret agreements between the United States and the Soviet Union.
E) all of the above
A) a documented history of United States involvement in the Vietnam War which the government wanted kept secret.
47
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47) Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v. Minnesota?
A) freedom of speech
B) freedom of the press
C) right to counsel in felony cases
D) grand jury requirement
E) right to privacy
```
B) freedom of the press
48
48) Time and time again, the Supreme Court has protected freedom of the press by
A) ruling in favor of strict libel laws.
B) striking down prior restraint.
C) refusing to allow the subpoena of reporters.
D) relaxing due process procedures.
E) all of the above
B) striking down prior restraint.
49
49) The case of Near v. Minnesota (1931)
A) ruled that newspapers could not publish secret information that threatens national security.
B) ruled that states cannot prohibit animal sacrifice.
C) held that government had illegally issued a prior restraint.
D) identified an exception to the Constitutional guarantees barring government censorship of the press.
E) upheld Minnesotaʹs right to close down a newspaper making slanderous remarks.
C) held that government had illegally issued a prior restraint.
50
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50) Prior restraint is most often considered acceptable on the grounds of
A) libel.
B) obscenity.
C) national security.
D) cruel and unusual punishment.
E) religious freedom.
```
C) national security.
51
51) In the case of Dennis v. United States, the Supreme Court
A) upheld the federal law banning the Nazi party in the United States and prohibiting its activities.
B) upheld the convictions of Communist party officials who had been sent to prison because of their beliefs.
C) overturned the convictions of Communist party officials who had been sent to prison because of their beliefs.
D) ruled that burning a draft card was not covered under free speech.
E) overturned the federal law against burning or desecrating the American flag, arguing that it violated free speech.
B) upheld the convictions of Communist party officials who had been sent to prison because of their beliefs.
52
52) In the case of New York Times v. United States in 1971, the Supreme Court ruled
A) against permitting racy advertisements for massage parlors, saunas, and escort services which could be deemed obscene.
B) against prior restraint in the case of the Pentagon Papers, which allowed them to be published.
C) that the government cannot file libel suits against newspapers, because, it would result in government censorship.
D) in favor of permitting racy advertisements for massage parlors, saunas, and escort services as freedom of speech.
E) in favor of prior restraint in order to prevent publication of the Pentagon Papers.
B) against prior restraint in the case of the Pentagon Papers, which allowed them to be published.
53
53) In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it
A) is uttered by government officials in an effort to establish a religion.
B) provokes ʺa clear and present dangerʺ to people.
C) advocates the violent overthrow of the United States.
D) is spoken rather than non-verbal or symbolic.
E) is expressed on private property.
B) provokes ʺa clear and present dangerʺ to people.
54
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54) Constitutional protections of free speech are ________ on private property.
A) completely invalidated
B) fully protected
C) diminished
D) untested
E) unchanged
```
C) diminished
55
55) A shield law
A) gives reporters the right to withhold information from the courts.
B) gives judges the right to issue a gag order.
C) protects certain religious practices not covered by Supreme Court rulings.
D) prevents the courts from closing criminal trials to the press.
E) prevents reporters from disclosing secret government information.
A) gives reporters the right to withhold information from the courts.
56
56) The Supreme Court ruled in Branzburg v. Hayes (1972) that in the absence of shield laws,
A) the right of a free trial preempts the reporterʹs right to protect sources.
B) that newspaper files are protected by the First Amendment.
C) that reporters have more rights than other citizens.
D) judges can bar cameras from the courtroom.
E) none of the above
A) the right of a free trial preempts the reporterʹs right to protect sources.
57
57) In Roth v. United States, the Supreme Court held that
A) outdoor drive-ins could not be barred from showing a film which included nudity.
B) the possession of child pornography was not covered by any right to free speech or press, and could be made a crime.
C) the government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion.
D) obscenity is not within the area of constitutionally protected free speech.
E) the film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit scenes, could not be banned.
D) obscenity is not within the area of constitutionally protected free speech.
58
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58) The principle that ʺobscenity is not within the area of constitutionally protected speech or pressʺ was established in
A) Roth v. United States.
B) Osborne v. Ohio.
C) Miller v. California.
D) United States v. Snepp.
E) Ohio v. Pussycat Theater.
```
pressʺ was established inA) Roth v. United States.
59
59) Obscenity is
A) equated with nudity by the Supreme Court.
B) clearly defined as it pertains to both freedom of the press and freedom of speech.
C) prohibited in the First Amendment.
D) a matter of federal standards rather than state or local standards.
E) not protected under the Constitution.
E) not protected under the Constitution.
60
60) In Zurcher v. Stanford Daily, the Supreme Court ruled that
A) the Stanford Daily had complete control over its photograph files.
B) the Stanford Daily must cease publication of military strategy papers.
C) the Stanford Daily must open its files for use as police evidence.
D) the Stanford Daily must disclose the location of its reporters.
E) the Stanford Daily is controlled by the University president, not state laws.
C) the Stanford Daily must open its files for use as police evidence.
61
61) In ________, the Court clarified its doctrine of what was obscene, including such gauges as whether material appealed to merely a prurient interest in sex, and whether it lacked serious artistic, literary, political or scientific merit.
A) Osborne v. Ohio
B) Engel v. Vitale
C) Miller v. California
D) Near v. Minnesota
E) Federal Communications Commission v. Stern
C) Miller v. California
62
62) In Miller v. California (1971), the Court ruled that decisions regarding whether or not material was obscene should generally be made by
A) Congress, through statutory law.
B) lower federal judges as they see fit, but in conformance with the First Amendment.
C) local communities, with some guidelines provided by the Court itself about how to make such judgments.
D) the Supreme Court itself, on a case-by-case basis.
E) individual persons in their own private lives.
C) local communities, with some guidelines provided by the Court itself about how to make such judgments.
63
63) Miller v. California (1973)A) achieved a workable definition of legal obscenity.
B) abolished pornographic material only when it involved children.
C) resulted in uniform state laws regulating obscenity.
D) stated that local communities should have more responsibility over deciding what constitutes obscenity.
E) prohibited hanging as a cruel and unusual punishment.
D) stated that local communities should have more responsibility over deciding what constitutes obscenity.
64
64) The Communications Decency Act banning obscene material and criminalizing the transmission of indecent speech or images to anyone under the age of 18 was
A) affirmed by the Court.
B) opposed by Christian groups.
C) overturned by the Supreme Court.
D) the first regulation of obscenity affirmed by the Court.
E) none of the above
C) overturned by the Supreme Court.
65
65) At the urging of feminists and conservative Christians, some cities have banned pornography on the grounds it dehumanizes and endangers women. How have the courts dealt with these bans?
A) They have upheld them based on the Equal Protection Clause of the Fourteenth Amendment.
B) They have refused to review them.
C) They have struck them down as violations of the First Amendment.
D) They have upheld them based on the First Amendment.
E) The courts have been erratic, allowing some ordinances and revoking others.
C) They have struck them down as violations of the First Amendment.
66
66) In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that
A) government officials cannot sue newspapers for libel since this would entail prior restraint of the press.
B) the Pentagon Papers could be legally published despite the governmentʹs desire to keep the material secret.
C) the publication of the Pentagon Papers could be legally barred as a matter of national security.
D) statements made about political figures, however malicious, can never be deemed libelous.
E) statements made about political figures are libelous only if made with malice and reckless disregard for the truth.
E) statements made about political figures are libelous only if made with malice and reckless disregard for the truth.
67
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67) The publication of statements known to be false that are malicious and tend to damage a personʹs reputation is called
A) obscenity.
B) symbolic.
C) slander.
D) libel.
E) fraud.
```
D) libel.
68
68) What happened when Jacksonville, Florida, tried to ban movies with nudity in them from being shown at drive-in theaters on grounds of obscenity?
A) The Court upheld the ban to protect citizensʹ rights to privacy.
B) The Supreme Court ruled that all nudity cannot be deemed obscene.
C) The ban was upheld to help the community rid itself of a public nuisance and potential traffic hazard.
D) The Court ruled that X-rated movies were protected under the First Amendment.
E) a riot
) The Supreme Court ruled that all nudity cannot be deemed obscene.
69
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69) The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in
A) Texas v. Johnson.
B) New York Times v. Sullivan.
C) Osborne v. Ohio.
D) the Anti-Defamation Act of 1952.
E) Hustler Magazine v. Falwell.
```
B) New York Times v. Sullivan.
70
70) Which of the following statements regarding libel is FALSE?
A) Public figures are protected against libel since publications must prove that what they wrote is true and not malicious.
B) Libel cases are very difficult for public figures to win.
C) Libel laws do inhibit the press to some extent.
D) General William Westmoreland failed to prove libel.
E) It is more difficult for a public figure than a private individual to win a libel suit.
A) Public figures are protected against libel since publications must prove that what they wrote is true and not malicious.
71
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71) Wearing an arm band and burning a United States flag are examples of ________: actions that do not consist of speaking or writing but that express an opinion.
A) commercial speech
B) symbolic speech
C) obscenity
D) the free exercise clause
E) unspoken speech
```
B) symbolic speech
72
72) Symbolic speech
A) consists of speech criticizing the symbols of government.
B) cannot be prohibited because it is too vague for government to legislate against.
C) has been ruled as disruptive and as a criminal activity.
D) consists of action that expresses an opinion.
E) is prohibited under the First Amendment.
D) consists of action that expresses an opinion.
73
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73) Advertising is considered a form of ________, and, according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech.
A) symbolic speech
B) paid speech
C) imaged expression
D) propaganda
E) commercial speech
```
E) commercial speech
74
74) Commercial speech on radio and television is regulated by
A) state and local governments.
B) no government agency, as such would be a violation of the freedom of speech.
C) the Federal Communications Commission.
D) the Federal Trade Commission.
E) the Bureau of Consumer Affairs.
D) the Federal Trade Commission.
75
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75) One of the most regulated forms of speech is
A) symbolic speech.
B) obscenity.
C) libel.
D) unintended speech.
E) commercial speech.
```
E) commercial speech.
76
76) The content and nature of radio and television broadcasting are regulated by
A) the Public Broadcasting System.
B) the Federal Communications Commission.
C) the Federal Trade Commission.
D) the Department of Commerce.
E) no government agency, as any such regulation would be a violation of the freedoms of speech and the press.
B) the Federal Communications Commission.
77
77) Which of the following statements concerning the public airways is FALSE?
A) The FCC restricts the use of obscene words on public airways.
B) The same restrictions that apply to radio and television also apply to newspapers.
C) About two-thirds of American homes have cable TV.
D) Cable television has fewer restrictions placed on them than the public airways.
E) The Federal Communications Commission (FCC) regulates radio and television broadcasting.
B) The same restrictions that apply to radio and television also apply to newspapers.
78
78) In 2000, the Supreme Court ruled that
A) government had a legitimate interest in protecting sexually explicit material on cable stations.
B) government had no right to regulate sexually explicit material on cable stations.
C) government had a legitimate interest in prohibiting sexually explicit material on cable stations.
D) government regulation of sexually explicit material on cable stations must be narrowly tailored to promote the governmentʹs interest in protecting children.
E) government had a legitimate interest in protecting sexually explicit print material.
D) government regulation of sexually explicit material on cable stations must be narrowly tailored to promote the governmentʹs interest in protecting children.
79
79) The content, nature, and existence of radio and television broadcasting is regulated by
A) the National Broadcasting Board.
B) the states.
C) Congress.
D) the Federal Communications Commission.
E) no one, because to do so would violate the freedom of the press as applied to broadcasters.
D) the Federal Communications Commission.
80
```
80) Freedom of assembly includes the right to do all of the following EXCEPT
A) riot.
B) parade.
C) protest.
D) picket.
E) demonstrate.
```
A) riot.
81
```
81) In the case of ________, the Supreme Court ruled that requiring an organization to turn over its membership lists was an unconstitutional restriction on freedom of association.
A) Planned Parenthood v. Casey
B) NAACP v. Alabama
C) Near v. Minnesota
D) Mapp v. Ohio
E) United States v. Communist Party
```
B) NAACP v. Alabama
82
82) Which of the following statements about freedom of assembly is FALSE?
A) Freedom of assembly is often neglected alongside the great freedoms of speech, press, and religion.
B) Without freedom of assembly we would not have the right to form political parties or interest groups.
C) Freedom of assembly includes the right to assemble and the right to associate.
D) Nazis have the constitutional right to march through a heavily Jewish community.
E) Freedom of assembly allows groups to demonstrate at any time, at any place, or in any manner they wish.
E) Freedom of assembly allows groups to demonstrate at any time, at any place, or in any manner they wish.
83
83) In the case of NAACP v. Alabama (1958), the Supreme Court ruled that
A) Alabama could not require segregated schools.
B) the First Amendmentʹs freedom of assembly does not include freedom of association.
C) the state of Alabama was unlawfully restricting the NAACPʹs freedom of association.
D) picketing in residential neighborhoods can be restricted.
E) the NAACP had to turn over its membership list to the government.
C) the state of Alabama was unlawfully restricting the NAACPʹs freedom of association.
84
84) In the case of the Nazisʹ proposed 1977 march on Skokie, a suburb north of Chicago with many Holocaust survivors which had denied the Nazis a permit to march, the Supreme Court, a year after the fact, let stand a lower court ruling that
A) communities have the right to impose local standards on the right to march.
B) Nazis and Communists are among a select list of groups that because of their anti-democratic nature are not protected by the First Amendment.
C) the Nazis could only march if they publicly repudiated the murderous actions of the Nazis before and during WWII.
D) certain groups are so predisposed to violence that their freedom of assembly is not guaranteed.
E) no community could use its power to grant parade permits to stifle free expression or freedom of assembly.
E) no community could use its power to grant parade permits to stifle free expression or freedom of assembly.
85
85) Most of the wording of the Bill of Rights concerns
A) the rights of people accused of crimes.
B) the right to bear arms.
C) freedom of religion and the establishment clause.
D) freedom of speech and freedom of the press.
E) freedoms of expression.
A) the rights of people accused of crimes.
86
```
86) The rights of accused persons included in the Bill of Rights were originally intended to protect the accused in
A) federal civil cases.
B) federal criminal cases.
C) local civil and criminal cases.
D) political arrests and trials.
E) police custody.
```
D) political arrests and trials.
87
87) Which of the following is an accurate statement about the Bill of Rights and its relevance to the stages of the criminal justice system?
A) The rights of accused persons are protected up to the point of actual arrest.
B) The rights of accused persons are protected up to the point of being convicted of a crime.
C) The Bill of Rights does not apply to accused criminals.
D) The rights of accused persons are protected up to the point of the trial itself.
E) The rights of accused persons and convicted criminals are guaranteed at every stage, from gathering of evidence to the imposition of punishment.
E) The rights of accused persons and convicted criminals are guarant
88
```
88) Unreasonable searches and seizures are specifically forbidden in the
A) Sixteenth Amendment.
B) Fifth Amendment.
C) Second Amendment.
D) Tenth Amendment.
E) Fourth Amendment.
```
E) Fourth Amendment.
89
```
89) To prevent abuse of police power, the Constitution requires that no court may issue ________ unless probable cause exists to believe that a crime has occurred or is about to occur.
A) a writ of habeas corpus
B) a prior restraint
C) an exclusionary rule
D) a search warrant
E) any of the above
```
D) a search warrant
90
90) Viewing the stages of the criminal justice system as a series of funnels of decreasing size tells us that
A) most arrests result in a trial.
B) most trials result in a guilty verdict.
C) many more trials are held than prosecutions.
D) the likelihood of being punished decreases as one moves through the system.
E) many more arrests occur than trials.
E) many more arrests occur than trials.
91
91) Unless they witness a crime, police officers cannot arrest a suspect without
A) due process.
B) a search warrant.
C) informing them of their Miranda rights.
D) probable cause.
E) a writ of habeas corpus.
D) probable cause.
92
92) Which of the following statements about the Bill of Rights and the rights of the accused is FALSE?
A) The great majority of the words in the Bill of Rights deal with the rights of the accused rather than freedoms of expression.
B) The Bill of Rights covers every stage of the criminal justice system.
C) The language of the Bill of Rights regarding the rights of the accused is often vague.
D) Defendantsʹ rights are well-defined in the Bill of Rights.
E) Most defendantsʹ rights, as provided in the Bill of Rights, have been incorporated by the states.
D) Defendantsʹ rights are well-defined in the Bill of Rights.
93
```
93) In the case of ________, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule.
A) Miranda v. Arizona
B) Gideon v. Wainwright
C) Roth v. United States
D) United States v. New York
E) Mapp v. Ohio
```
E) Mapp v. Ohio
94
```
94) Ever since 1914, the courts have used ________ to prevent illegally seized evidence from being introduced into the courtroom.
A) prior restraint
B) the Miranda rule
C) probable cause
D) search warrants
E) an exclusionary rule
```
E) an exclusionary rule
95
95) The exclusionary rule, which was applied to state governments, as well as the federal government in Mapp v. Ohio (1961), meant that
A) federal agents may make arrests for state crimes.
B) state governments are excluded from prosecuting federal crimes.
C) searches by police could not be made without a legal search warrant.
D) probable cause must be established prior to arrest.
E) unlawfully obtained evidence could not be used in court.
E) unlawfully obtained evidence could not be used in court.
96
```
96) The Fifth Amendment forbids
A) cruel and unusual punishment.
B) forced self-incrimination.
C) illegal searches and seizures.
D) the government establishment of a national religion.
E) all of the above except D
```
B) forced self-incrimination.
97
```
97) The ________ Amendment forbids forced self-incrimination, stating that no person ʺshall be compelled to be a witness against himself.ʺ
A) First
B) Twenty-sixth
C) Fifth
D) Fourth
E) Ninth
```
C) Fifth
98
98) In the case of Miranda v. Arizona, the Supreme Court ruled that
A) illegally obtained evidence cannot be used in a trial.
B) police must inform any suspect of a series of rights, including the constitutional right to remain silent.
C) the death penalty could be imposed for the most extreme of crimes.
D) defendants in all felony cases have a right to counsel, even if the state has to provide such legal assistance.
E) the police must show probable cause before making an arrest.
B) police must inform any suspect of a series of rights, including the constitutional right to remain silent.
99
```
99) In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent, that what they say can be used against them, and of their right to have an attorney present during any questioning?
A) Gideon v. Wainwright
B) Near v. Minnesota
C) Plucennik v. United States
D) Miranda v. Arizona
E) Mapp v. Ohio
```
D) Miranda v. Arizona
100
100) Which of the following is TRUE about the Supreme Courtʹs decision in Miranda v. Arizona?
A) Mirandaʹs innocence or guilt was not at issue; his rights had been violated, so his conviction was overturned.
B) The Courtʹs decision greatly relieved members of police departments throughout the country.
C) The Court ruled that Miranda was innocent, and Miranda later became a famous public defender in the local courts.
D) The Court ruled that Mirandaʹs constitutional rights had not been violated and that he could be legally executed.
E) The Court concluded that Miranda was innocent, overturned his conviction, and ordered him freed from prison.
A) Mirandaʹs innocence or guilt was not at issue; his rights had been violated, so his conviction was overturned.
101
101) Fifth Amendment protection against self-incrimination means that
A) you have a right to confront witnesses against you.
B) you can be granted immunity from prosecution in exchange for your testimony.
C) as a defendant you have a right to counsel.
D) you cannot be forced to be a witness against yourself.
E) police officers may use whatever force is necessary to protect themselves from harm in arrest situations.
D) you cannot be forced to be a witness against yourself.
102
```
102) Fifth Amendment rights were expanded to include guidelines for police interrogation procedures in the famous case of
A) California v. Simpson.
B) Dennis v. United States.
C) Gideon v. Wainwright.
D) Miranda v. Arizona.
E) Mapp v. Ohio.
```
D) Miranda v. Arizona.
103
103) The Miranda Rule
A) has been strengthened by the Court in recent years.
B) was openly welcomed by police departments throughout the country.
C) has made police interrogations easier.
D) was based on the probable cause clause of the Fourth Amendment.
E) has required all police officers to inform accused persons of their rights.
E) has required all police officers to inform accused persons of their rights.
104
104) Today, courts must provide a lawyer for a defendant
A) whenever imprisonment could be imposed.
B) only in felony cases or where civil fines exceeding $10,000 could be levied.
C) whenever they plead not guilty.
D) only in capital cases where the punishment would be execution.
E) immediately after being arrested.
A) whenever imprisonment could be imposed.
105
105) In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a right to counsel, and if they could not afford to hire a lawyer, one must be provided.
A) Mapp v. Ohio
B) Engel v. Vitale
C) Gideon v. Wainwright
D) Miranda v. Arizona
E) National Bar Association v. United States
C) Gideon v. Wainwright
106
106) According to the Constitution and the Bill of Rights, how many members should there be on a jury?
A) a minimum of six
B) a minimum of twelve
C) between six and twelve
D) a maximum of twelve
E) no specifications are made as to jury size
E) no specifications are made as to jury size
107
```
107) Most criminal cases are settled in
A) the Supreme Court.
B) plea bargaining.
C) municipal and county courts.
D) district court.
E) the jury room.
```
B) plea bargaining.
108
108) The Supreme Court case of Gideon v. Wainwright
A) extended the right to counsel to everyone accused of a felony.
B) prohibited government officials from issuing gag orders to the media.
C) ruled that illegally seized evidence can not be used in court.
D) gave only those accused of capital crimes the right to counsel.
E) set guidelines for police questioning of suspects.
A) extended the right to counsel to everyone accused of a felony.
109
```
109) The Sixth Amendment right to counsel in federal courts was expanded in the famous 1963 Supreme Court case of
A) Gregg v. Georgia.
B) Gideon v. Wainwright.
C) Arizona v. the United States.
D) Mapp v. Ohio.
E) Miranda v. Arizona.
```
B) Gideon v. Wainwright.
110
```
110) Most cases are settled through
A) plea bargaining.
B) paupersʹ petitions.
C) judicial tribunals.
D) trial by a judge.
E) trial by jury.
```
A) plea bargaining.
111
111) The Eighth Amendment to the Constitution
A) is the freedom of privacy.
B) forbids cruel and unusual punishment.
C) is the right to bear arms.
D) grants women equal rights including the right to vote.
E) protects freedom of assembly.
B) forbids cruel and unusual punishment.
112
112) What was the Supreme Courtʹs decision in Hamdam v. Rumsfeld?
A) Terrorists are not entitled to protection by the Bill of Rights.
B) The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for ensuring a fair trial.
C) The Geneva Convention does not apply because the ʺenemy combatantsʺ are not soldiers in a recognized army.
D) The president has ʺinherent powerʺ to fight the war on terror as he sees fit. Therefore, the president can establish judicial procedures on his own.
E) all of the above
B) The procedures for trying prisoners at Guantanamo Bay, Cuba were insufficient for ensuring a fair trial.
113
```
113) Cruel and unusual punishment is forbidden by the
A) self-incrimination clause.
B) Sixth Amendment.
C) Eighth Amendment.
D) exclusionary clause.
E) Fifth Amendment.
```
C) Eighth Amendment.
114
114) The right to a ʺspeedy trialʺ and the prohibition against ʺcruel and unusual punishmentʺ
A) are included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves.
B) are so important that they were among the few civil liberties actually guaranteed by the original constitution.
C) are not guaranteed by the Bill of Rights but, however vague in their wording, are considered vital to our court system.
D) were ruled unconstitutional in 1976 because they were so ill-defined as to be meaningless.
E) are included in the Bill of Rights, are self-evident, and have not required much court interpretation.
A) are included in the Bill of Rights, but are rather vague and subject to the interpretation of the courts themselves.
115
115) In Gregg v. Georgia (1976), concerning applications of the Eighth Amendment, the Supreme Court ruled that
A) only the federal government, and not the states, can impose the death penalty.
B) execution by electrocution is cruel and unusual punishment.
C) Georgiaʹs death penalty law was ʺfreakishʺ and ʺrandom.ʺ
D) capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes.
E) the death penalty constitutes cruel and unusual punishment.
D) capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes.
116
116) Which of the following is NOT protected in the First Amendment?
A) right to privacy
B) right of people to petition the government for a redress of grievances
C) no establishment of religion
D) freedom of speech
E) freedom of the press
A) right to privacy
117
```
117) Where is the right to privacy found in the Constitution?
A) Tenth Amendment
B) First Amendment
C) Sixth Amendment
D) Ninth Amendment
E) none of the above
```
E) none of the above
118
```
118) Which of the following is NOT specifically stated in the Bill of Rights?
A) right to privacy
B) protection against double jeopardy
C) right to bear arms
D) freedom of speech
E) All of these are specifically stated.
```
A) right to privacy
119
119) In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy
A) states can ban abortion except when the motherʹs health is in danger.
B) states are prohibited from funding the abortions of poor women.
C) states cannot ban abortion unless the motherʹs life is in danger.
D) states cannot ban abortion.
E) the federal government, but not the states, is prohibited from funding abortions for poor women.
A) states can ban abortion except when the motherʹs health is in danger.
120
```
120) The Supreme Courtʹs Roe v. Wade decision was issued in
A) 1979.
B) 1954.
C) 1973.
D) 1991.
E) 1985.
```
C) 1973.
121
121) The Supreme Court ruled in its Roe v. Wade decision that
A) each state and not the federal government has authority to determine whether to permit or prohibit abortion in that state.
B) all restrictions on abortions at any stage of a pregnancy were a violation of a womanʹs right to privacy.
C) abortion was murder.
D) abortion was to be allowed only in cases of rape or incest, or when the life of the pregnant woman was in danger
E) abortion could not be prohibited by any state during the first trimester of pregnancy.
E) abortion could not be prohibited by any state during the first trimester of pregnancy.
122
122) Since its Roe v. Wade decision, the Supreme Court has
A) generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe.
B) not moved an inch from its dramatic original ruling.
C) greatly extended the right of a woman to make her own decision about terminating her pregnancy.
D) reversed itself within the last few years, and has now overturned the Roe decision.
E) been silent on the politically divisive issue of abortion.
A) generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe.
123
123) The idea that the Constitution guarantees a right to privacy was first enunciated in
A) Griswold v. Connecticut.
B) Marbury v. Madison.
C) Roe v. Wade.
D) Webster v. Reproductive Health Services.
E) Planned Parenthood v. Casey.
A) Griswold v. Connecticut.
124
124) The right to privacy was applied to the states by the Supreme Court case of
A) Gitlow v. New York.
B) Gitlow, Near & Mapp v. the States.
C) Mapp v. Ohio.
D) Near v. Minnesota.
E) Griswold v. Connecticut.
E) Griswold v. Connecticut.
125
```
125) The most important application of privacy rights has come in the area of
A) abortion.
B) birth control.
C) sexual preference.
D) pornography.
E) the death penalty.
```
A) abortion.
126
126) The Supreme Court case of Roe v. Wade (1973) ruled that
A) abortions are not protected under the Constitution.
B) a state cannot forbid abortions during the first trimester of pregnancy.
C) a state cannot regulate abortions under any circumstances.
D) family planning services cannot provide women any abortion counseling.
E) states must permit abortions on demand during all nine months of pregnancy.
B) a state cannot forbid abortions during the first trimester of pregnancy.
127
127) The abortion decision in Roe v. Wade (1973) was justified by the Supreme Court largely on the grounds of
A) the freedom of religion clause of the First Amendment.
B) the free exercise clause of the First Amendment.
C) the right of privacy implied in the Bill of Rights.
D) our constitutional right to life.
E) new advances in medical technology.
C) the right of privacy implied in the Bill of Rights.
128
128) In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion
A) could be completely outlawed by individual states.
B) must be funded by state governments when the mother cannot afford it, or it would be a violation of the Equal Protection Clause.
C) restrictions could be imposed by states if they did not involve ʺundue burdensʺ on the women seeking abortions.
D) funding by any level of government was unconstitutional.
E) was a fundamental right, and any restrictions on such a right had to be judged by a ʺstrict scrutiny.ʺ
C) restrictions could be imposed by states if they did not involve ʺundue burdensʺ on the women seeking abortions.
129
129) In recent years, the Supreme Court has
A) increased protection of womenʹs physical access to abortion clinics.
B) restricted womenʹs physical access to abortion clinics.
C) permitted states to close down increasing numbers of abortion clinics.
D) prohibited demonstrations within sight of abortion clinics.
E) done nothing to protect womenʹs physical access to abortion clinics despite the calls of many womenʹs groups.
A) increased protection of womenʹs physical access to abortion clinics.
130
130) Which of the following statements about the Supreme Court and abortion is FALSE?
A) The Supreme Court has forbidden any state regulation of abortion during the first trimester.
B) The Supreme Court upheld a state law requiring teenagers to secure the consent of at least one parent before obtaining an abortion.
C) The Court permits states to require a 24-hour waiting period before getting an abortion.
D) The Court allows states to require a woman to give her husband advance notice of an abortion.
E) The Supreme Court permits states to forbid the use of any state funds to pay for abortions.
D) The Court allows states to require a woman to give her husband advance notice of an abortion.
131
```
131) Civil liberties
A) reflect the wishes of the majority.
B) never conflict with each other.
C) make government less democratic.
D) limit what the majority can ask the government to do.
E) were established in the 1960s.
```
D) limit what the majority can ask the government to do.
132
```
132) Civil liberties relating to defendantsʹ rights have often been used to
A) break up factions.
B) enhance the power of the courts
C) enhance diversity.
D) protect individual rights.
E) gain a plea bargain.
```
D) protect individual rights.
133
133) In Planned Parenthood v. Casey, the Supreme Court
A) struck down a law requiring minors to notify one or both parents or a judge before obtaining an abortion.
B) changed its standard for evaluating restrictions on abortion from one of ʺstrict scrutinyʺ of any restraints on a ʺfundamental rightʺ to one of ʺundue burdenʺ that permits more regulation.
C) specified that family planning services receiving federal funds could not provide women any counseling regarding abortion.
D) affirmed a provision requiring a married woman to tell her husband of her intent to have an abortion.
E) made abortions for minors illegal.
B) changed its standard for evaluating restrictions on abortion from one of ʺstrict scrutinyʺ of any restraints on a ʺfundamental rightʺ to one of ʺundue burdenʺ that permits more regulation.
134
```
1) Policies that extend basic rights to groups historically subject to discrimination are known as
A) civil rights.
B) civil liberties.
C) human rights.
D) suffrage.
E) affirmative action
```
A) civil rights.
135
2) Civil rights
A) is the other term for civil liberties.
B) are policies that extend basic rights to groups historically subject to discrimination.
C) involve the principles of criminal justice.
D) consist of legal and constitutional protections against the government.
E) can be divided into the great political freedoms and protections at the bar of justice.
B) are policies that extend basic rights to groups historically subject to discrimination.
136
```
3) The phrase ʺall men are created equalʺ comes from the
A) Bill of Rights.
B) Constitution.
C) famous pamphlet, Common Sense.
D) Declaration of Independence.
E) Bible.
```
D) Declaration of Independence.
137
```
4) The concept that everyone should have the same chance is called equality of
A) distribution.
B) fate.
C) rewards.
D) results.
E) opportunity.
```
E) opportunity.
138
```
5) American society generally emphasizes equal
A) pay for equal work.
B) results.
C) rewards.
D) distribution.
E) opportunity.
```
E) opportunity.
139
6) Which of the following statements is TRUE?
A) The American Revolution was fought principally in the name of equality.
B) The delegates to the Constitutional Convention did not resolve the tension between slavery and the principles of the Declaration of Independence.
C) Womenʹs rights were hotly debated at the Constitutional Convention.
D) Most colonists were eager to defend slavery.
E) all of the above
B) The delegates to the Constitutional Convention did not resolve the tension between slavery and the principles of the Declaration of Independence.
140
7) Thomas Jefferson, who wrote in the Declaration of Independence ʺWe hold these truths to be self evident, that all men are created equal,ʺ believed
A) that slavery was immoral.
B) in the principle of equal rewards.
C) that blacks were genetically inferior to whites.
D) that there were no differences among human beings.
E) that all people are created equal at birth, but become unequal over time.
C) that blacks were genetically inferior to whites.
141
8) The Fourteenth Amendment was one of three passed
A) during the 1960s.
B) directly following the Civil War.
C) during George Washingtonʹs administration.
D) during the Depression of the 1930s.
E) right after the Revolutionary War.
B) directly following the Civil War.
142
9) The Fourteenth Amendment specifically forbids the states from denying to anyone
A) freedom on the basis of race.
B) freedom of privacy.
C) the right to vote on the basis of race.
D) equal protection of the laws.
E) the right to vote on the basis of sex.
D) equal protection of the laws.
143
```
10) The first and only place in which the idea of equality appears in the Constitution is in the
A) Fourteenth Amendment.
B) Ninth Amendment.
C) Preamble.
D) First Amendment.
E) Declaration of Independence.
```
A) Fourteenth Amendment.
144
```
11) The concept of equality before the law was introduced to the Constitution in the
A) Fourteenth Amendment.
B) Preamble.
C) Fifteenth Amendment.
D) Sixteenth Amendment.
E) Thirteenth Amendment.
```
A) Fourteenth Amendment.
145
12) Over the last 100 years, the provisions of the Fourteenth Amendment have become the vehicle for A) extending the right to vote to non-whites, women, and 18-year-olds.
B) expansive constitutional interpretation to outlaw arbitrary classifications which deny equality under the law.
C) limiting the national governmentʹs ability to interfere in matters affecting individual states.
D) government regulation of business and industry.
E) all of the above
B) expansive constitutional interpretation to outlaw arbitrary classifications which deny equality under the law.
146
13) Standards of review used by the Supreme Court in discrimination cases include all of the following EXCEPT
A) inherently suspect.
B) more than reasonable.
C) reasonable.
D) intermediate, between reasonable and inherently suspect.
E) cautious.
B) more than reasonable.
147
14) The courts have recently ruled that, under the Fourteenth Amendment, racial and ethnic classifications by states in regard to any matter
A) are reasonable.
B) are unconstitutional.
C) are inherently suspect.
D) are not the proper business of the federal courts to consider, but are up to the states individually.
E) are arbitrary, but usually reasonable.
C) are inherently suspect.
148
15) Classifications by race and ethnicity have now been ruled by the Court to be acceptable only in
A) matters wherein certain races or ethnic groups show greater talent or less aptitude.
B) laws passed by Congress, not those passed by the individual states.
C) regard to rules and regulations of the armed forces.
D) laws seeking to remedy previous discrimination.
E) matters involving national security.
D) laws seeking to remedy previous discrimination.
149
16) Equal protection of the laws
A) means that laws cannot establish different standards for the treatment of different groups.
B) is guaranteed in the original Constitution.
C) means that states have to make their laws promote equality among persons.
D) provides a rigid standard for constitutional interpretation.
E) does not deny states treating classes of citizens differently if the classification is reasonable.
E) does not deny states treating classes of citizens differently if the classification is reasonable.
150
17) The Supreme Court has ruled that racial and ethnic classifications are
A) legal if they are reasonable.
B) not covered by the Fourteenth Amendment.
C) inherently suspect.
D) never permissible.
E) exempt from the constitutional penumbras of the Bill of Rights.
C) inherently suspect.
151
18) Classifications based on gender have been ruled to be ________ by the decisions of the Court in the past several years.
A) reasonable
B) strictly unconstitutional
C) sexist
D) inherently suspect
E) somewhere between inherently suspect and reasonable
E) somewhere between inherently suspect and reasonable
152
```
19) The first African immigrants to America were
A) clergy.
B) small shopkeepers.
C) kidnap victims.
D) farmers.
E) Nigerian ivory traders.
```
C) kidnap victims.
153
20) Today the equal protection clause is interpreted broadly enough to do all of the following EXCEPT
A) reapportion state legislatures.
B) prohibit job discrimination.
C) permit sexual harassment.
D) forbid racial segregation in the public schools.
E) none of the above
C) permit sexual harassment.
154
```
21) In the case of ________, the Supreme Court ruled that a black man, slave or free, was ʺchattelʺ and had no rights under a white manʹs government; it also ruled that Congress had no power to ban slavery in the western territories.
A) Plessy v. Ferguson
B) Craig v. Boren
C) Dred Scott v. Sandford
D) Brown v. Board of Education
E) Amos v. Colorado
```
C) Dred Scott v. Sandford
155
22) In the case of Dred Scott v. Sandford, the United States Supreme Court
A) voted unanimously to declare slavery unconstitutional and ʺbarbaric,ʺ thus causing the southern states to secede. B) ruled that all adult African-American men had a right to vote under the Constitution.
C) outlawed segregation laws which separated blacks and whites in all public places.
D) ruled that a black man, slave or free, was ʺchattel,ʺ and upheld slavery itself as constitutional.
E) for the first time placed a geographic limit on the expansion of slavery, banning it west of the Mississippi River.
D) ruled that a black man, slave or free, was ʺchattel,ʺ and upheld slavery itself as constitutional.
156
```
23) The Dred Scott v. Sandford ruling was handed down by the Supreme Court
A) a few years after the Civil War.
B) in 1896.
C) during the Civil War.
D) in the 1950s.
E) a few years prior to the Civil War.
```
E) a few years prior to the Civil War.
157
```
24) The ________ Amendment outlawed slavery in the United States.
A) Thirteenth
B) Nineteenth
C) Tenth
D) First
E) Equal Rights
```
A) Thirteenth
158
25) The Thirteenth Amendment
A) forbade slavery and involuntary servitude.
B) gave African Americans the right to vote.
C) repealed the Twelfth Amendment.
D) established the principle of separate but equal.
E) repealed Prohibition.
A) forbade slavery and involuntary servitude.
159
```
26) The Thirteenth Amendment was passed
A) in 1920.
B) in 1850.
C) in the 1960s.
D) as one of the original Bill of Rights.
E) at the end of the Civil War.
```
E) at the end of the Civil War.
160
```
27) The constitutional trail for securing equal rights for all Americans was blazed primarily by
A) women.
B) Hispanic Americans.
C) Asian Americans.
D) the American Indians.
E) African Americans.
```
E) African Americans.
161
28) In Dred Scott v. Sandford (1857), Chief Justice Taney declared that
A) the importation of slaves into the United States was illegal, but slavery itself was not.
B) Congress had no authority to ban slavery in the territories.
C) a slave who had escaped to a free state became a free man.
D) slavery is inherently unconstitutional. E) slavery can be practiced in the so-called free states.
B) Congress had no authority to ban slavery in the territories.
162
29) Slavery was declared unconstitutional by the
A) Thirteenth Amendment.
B) Fourteenth Amendment.
C) Jim Crow laws.
D) Bill of Rights.
E) Dred Scott v. Sandford Supreme Court case.
A) Thirteenth Amendment.
163
30) Jim Crow laws were those which
A) were enacted by Southern whites in the late nineteenth century to segregate African Americans from whites.
B) the North enforced in the South in the Reconstruction era following the Civil War, granting rights to former slaves.
C) sought to end segregation and bring the races into closer contact with one another.
D) justified slavery and set codes for slavesʹ behavior.
E) established slavery and contract law regulating the slave trade.
A) were enacted by Southern whites in the late nineteenth century to segregate African Americans from whites.
164
31) The Supreme Courtʹs decision in the case of Plessy v. Ferguson
A) for the first time established race as a suspect classification and ruled that former slaves must be granted land or otherwise compensated for their years of forced labor.
B) outlawed slavery.
C) stated that the principle of separate but equal public facilities for African Americans was constitutional.
D) stated that the principle of separate but equal public facilities for African Americans was unconstitutional.
E) ruled that slaves were chattel property and entitled to no rights under the Constitution.
C) stated that the principle of separate but equal public facilities for African Americans was constitutional.
165
```
32) In the case of ________, the Supreme Court ruled that segregation of races by law was constitutional so long as the facilities that were separate were also equal.
A) Amos v. Alabama
B) Brown v. Board of Education
C) Plessy v. Ferguson
D) Craig v. Boren
E) Dred Scott v. Sandford
```
C) Plessy v. Ferguson
166
33) Jim Crow laws
A) imposed legal segregation on African Americans in the South after the Civil War.
B) were an attempt to reimpose slavery in the South after the Civil War.
C) gave African Americans the right to vote in local elections in the South.
D) granted former slaves free land in compensation for their years of unpaid labor.
E) allowed African Americans to hold state and federal offices in the South after the Civil War.
A) imposed legal segregation on African Americans in the South after the Civil War.
167
34) In the case of Plessy v. Ferguson,
A) housing discrimination was forbidden.
B) the principle of ʺseparate but equalʺ was overturned.
C) school busing was allowed to remedy racial segregation.
D) United States citizenship and all rights that go with it were granted to former slaves.
E) the principle of ʺseparate but equalʺ was used to justify segregation.
E) the principle of ʺseparate but equalʺ was used to justify segregation.
168
35) During the first half of the twentieth century, the Supreme Court
A) paid more attention to the ʺseparateʺ than to the ʺequalʺ part of the separate but equal doctrine.
B) allowed segregation in the armed forces. C) upheld the legality of all-white primaries.
D) declared all Jim Crow laws unconstitutional.
E) all of the above
A) paid more attention to the ʺseparateʺ than to the ʺequalʺ part of the separate but equal doctrine.
169
```
36) Legal segregation of the races was declared unconstitutional in the 1954 landmark ruling known as
A) King v. University of Kansas.
B) Plessy v. Ferguson.
C) Dred Scott v. Sandford.
D) Craig v. Boren.
E) none of the above
```
E) none of the above
170
```
37) The Brown v. Board of Education decision overturned the Supreme Courtʹs 1896 ruling in
A) Craig v. Boren.
B) Dred Scott v. Sandford.
C) Marbury v. Madison.
D) Amos v. Alabama.
E) Plessy v. Ferguson.
```
E) Plessy v. Ferguson.
171
38) In Brown v. Board of Education (1954), the Supreme Court
A) ordered the Topeka school district to spend more money on black schools.
B) enunciated the principle of equal but separate.
C) ruled that the visible signs of education were substantially equal between black schools and white ones.
D) enunciated the principle of separate but equal.
E) ruled that school segregation was inherently unequal.
E) ruled that school segregation was inherently unequal.
172
```
39) The Supreme Courtʹs ruling in Brown v. Board of Education was based on the legal argument that segregation violated the ________ Amendment.
A) Fourteenth
B) First C) Twenty-sixth
D) Nineteenth
E) Equal Rights
```
A) Fourteenth
173
40) De facto educational segregation occurs
A) by forced school busing to separate the races.
B) by forced school busing to integrate the races.
C) when segregated classrooms occur within an integrated school.
D) by law.
E) by the reality of neighborhood schools located in areas that happen to be racially segregated.
E) by the reality of neighborhood schools located in areas that happen to be racially segregated.
174
41) De jure educational segregation occurs
A) by constitutional amendment.
B) by law.
C) by forced school busing to integrate the races.
D) by the reality of neighborhood schools located in areas that happen to be racially segregated. E) from day-to-day depending on changing enrollments at a particular school.
B) by law.
175
42) In the case of ________, the Supreme Court upheld federal court rulings ordering busing of students to achieve racially balanced schools.
A) Craig v. Boren
B) Plessy v. Ferguson
C) Brown v. Board of Education
D) Unified Transportation Co. v Madison County E) Swann v. Charlotte-Mecklenberg County Schools
E) Swann v. Charlotte-Mecklenberg County Schools
E) Swann v. Charlotte-Mecklenberg County Schools
176
43) The immediate reaction to Brown v. Board of Education (1954) was
A) the busing of students to achieve racially balanced schools.
B) the closing of schools in Topeka, Kansas. C) passage of the Twenty-third Amendment to overturn the Brown decision.
D) the desegregation of public schools in the South.
E) increased enrollment in private schools by whites in the South and a threat to close public schools.
E) increased enrollment in private schools by whites in the South and a threat to close public schools.
177
```
44) After Brown v. Board of Education (1954), school integration in the South
A) was unaffected by the decision.
B) ended abruptly.
C) was completed within three years.
D) never changed.
E) proceeded very slowly.
```
E) proceeded very slowly.
178
45) The case of Swann v. Charlotte-Mecklenberg County Schools (1971)
A) prohibited busing for school integration.
B) permitted judges to achieve racially balanced schools through busing.
C) ruled that schools must set aside a federal judge-determined number of spots for blacks before they would be considered desegregated.
D) gave state legislatures the power to determine school desegregation procedures in each state.
E) ruled that schools could not limit the number of black students enrolled in an effort to minimize desegregation.
B) permitted judges to achieve racially balanced schools through busing.
179
```
46) The one institution most responsible for putting civil rights goals on the nationʹs policy agenda was
A) Congress.
B) the presidency.
C) the courts.
D) the political parties.
E) the state governments.
```
C) the courts.
180
```
47) All of the following were tactics of the Civil Rights Movement EXCEPT
A) marches.
B) civil disobedience. C) sit-ins.
D) bus boycotts.
E) none of the above
```
E) none of the above
181
```
48) The Civil Rights Act of ________, the most important law since the Emancipation Proclamation, made racial discrimination illegal in public accommodations throughout America.
A) 1947
B) 1964
C) 1984
D) 1974
E) 1954
```
B) 1964
182
```
49) The ________ Amendment, adopted in 1870, guaranteed the right of African Americans to vote --at least in principle.
A) Nineteenth
B) Thirteenth
C) First
D) Fifteenth
E) Fifth
```
D) Fifteenth
183
50) The Civil Rights Act of 1964
A) made racial discrimination illegal in places of public accommodation.
B) forbade discrimination in employment on the basis of race, color, national origin, religion, or gender.
C) prohibited gender discrimination in the work place.
D) both A and B
E) neither A nor B
D) both A and B
184
51) Suffrage refers to
A) the practice of de facto slavery rather than de jure slavery.
B) the legal segregation of the races or of men and women in hotels, motels, restaurants, and other public places.
C) the hardships endured to obtain civil rights for African Americans and equal rights for women.
D) the legal right to vote.
E) the practice of shackling slaves working in fields so they could not run away.
D) the legal right to vote.
185
```
52) The legal right to vote is referred to as
A) civil liberties.
B) the grandfather clause.
C) civil rights.
D) suffrage.
E) coverture.
```
D) suffrage.
186
53) The grandfather clause was passed by Oklahoma and other southern states to
A) exclude blacks from having the right to vote in primary elections, though they could vote in general elections.
B) guarantee the equal rights of senior citizens in employment.
C) deny African Americans the right to vote.
D) deny land to anyone whose grandfathers were not white.
E) distribute land to former slaves on the basis of how many generations they had served on a particular plantation.
C) deny African Americans the right to vote.
187
```
54) The grandfather clause was ________ by the Supreme Court in the 1915 decision, Guinn v. United States.
A) overlooked
B) established
C) declared age discrimination
D) found unconstitutional and outlawed
E) upheld as constitutional
```
D) found unconstitutional and outlawed
188
55) The Civil Rights Act of 1964
A) established the first affirmative action programs.
B) ended discrimination in the purchase or rental of housing.
C) ended the white primary.
D) guaranteed minority groups the right to vote.
E) guaranteed equal access to hotels, restaurants, and other public accommodations.
E) guaranteed equal access to hotels, restaurants, and other public accommodations.
189
```
56) Blacks were first given the legal right to vote by the
A) Civil Rights Act of 1964.
B) Twenty-fourth Amendment.
C) Fifteenth Amendment.
D) Voting Rights Act of 1965.
E) Emancipation Proclamation.
```
C) Fifteenth Amendment.
190
```
57) To render African-American votes ineffective, several southern states used the ________, a device that permitted political parties to choose their nominees in elections off limits to blacks.
A) suffrage
B) grandfather clause
C) poll tax
D) hidden ballot
E) white primary
```
E) white primary
191
58) The Twenty-fourth Amendment, ratified in 1964,
A) prohibited discrimination in employment or public accommodations based on race.
B) granted Negroes the right to vote.
C) outlawed the use of literacy tests in order to register to vote.
D) outlawed the grandfather clause and the white primary.
E) prohibited the use of poll taxes in federal elections.
E) prohibited the use of poll taxes in federal elections.
192
59) Poll taxes for federal elections were outlawed in the
A) Voting Rights Act.
B) Civil Rights Act of 1964.
C) Supreme Courtʹs Guinn v. United States decision of 1915. D) Twenty-fourth Amendment.
E) Tax Reform Act of 1963.
D) Twenty-fourth Amendment.
193
60) One consequence of the Voting Rights Act of 1965 was
A) dramatic increase in the number of African Americans registered to vote.
B) increased access of blacks to public accommodations.
C) the increased use of gerrymandering.
D) decreased involvement of federal officials in state election procedures.
E) an increase in segregation.
A) dramatic increase in the number of African Americans registered to vote.
194
61) The white primary
A) was the examination voters had to pass before being allowed to vote, designed to prevent blacks from voting because they had been denied educational opportunities.
B) denied blacks the right to run for office in primary elections in the South.
C) excluded blacks from primary elections, thus depriving them of a voice in the real electoral contests in the South.
D) denied blacks the right to vote in all southern elections.
E) allowed blacks to vote only in Republican primaries in the heavily Democratic South.
C) excluded blacks from primary elections, thus depriving them of a voice in the real electoral contests in the South.
195
62) Native-American Indians were made citizens of the United States in
A) 1964.
B) 1924.
C) 1789.
D) 1868.
E) They were never made citizens of the United States.
B) 1924.
196
63) Which of the following statements about Native Americans is FALSE?
A) Native Americans are the oldest minority group in the United States.
B) Native Americans are guaranteed access to the polls, housing, and to jobs.
C) Native Americans were made citizens of the United States long before African Americans received the same status.
D) The Indian Claims Act of 1946 established a means to settle financial disputes arising from lands taken from the Indians.
E) Native Americans are the poorest minority group in the United States.
C) Native Americans were made citizens of the United States long before African Americans received the same status.
197
```
64) Hispanic Americans comprise approximately ________ percent of the United States population.
A) 14
B) 5
C) 22
D) 10
E) 20
```
A) 14
198
```
65) The fastest growing minority group in the United States is
A) Native Americans.
B) African Americans.
C) Japanese Americans.
D) Hispanic Americans.
E) Asian Americans.
```
E) Asian Americans.
199
66) In the case of Korematsu v. United States, the Supreme Court
A) ruled that the removal of Japanese Americans from the west coast and their placement in internment camps during World War II was barbaric and unconstitutional.
B) ruled just prior to World War II that Japanese Americans living in the United States had to be repatriated to Japan.
C) upheld the constitutionality of the United States atomic bombing of Hiroshima and Nagasaki.
D) upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during World War II.
E) ruled that restrictions on Japanese ownership of land in the United States were unconstitutional.
D) upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during World War II.
200
67) The Supreme Court case of Korematsu v. United States (1944)
A) upheld the constitutionality of the internment of Japanese Americans during World War II.
B) ruled that public discrimination against Japanese Americans is unconstitutional.
C) set the stage for the extension of equal rights to Japanese Americans.
D) awarded benefits to Japanese Americans interned during World War II.
E) upheld the prohibition of the ownership of land by people of Japanese descent.
A) upheld the constitutionality of the internment of Japanese Americans during World War II.
201
```
68) The womenʹs rights movement was launched with the signing of the
A) Feminist Manifesto.
B) Emancipation Proclamation.
C) Seneca Falls Declaration.
D) Equal Rights Amendment.
E) Declaration of Independence.
```
C) Seneca Falls Declaration.
202
69) ʺCovertureʺ
A) was the combination of electric shock therapy and drugs once used to ʺcureʺ homosexuals of their homosexuality.
B) was the legal doctrine that deprived married women of any identity separate from that of their husbands.
C) is a term used to describe the time when minority groups will outnumber Caucasians of European descent.
D) was the principle used to justify the internment of Japanese Americans during World War II.
E) was the legal doctrine used to discriminate against Native Americans by placing them in reservations.
B) was the legal doctrine that deprived married women of any identity separate from that of their husbands.
203
70) The Nineteenth Amendment
A) gave women the constitutional right to vote.
B) outlawed the poll tax in federal elections.
C) repealed Prohibition.
D) gave African Americans the constitutional right to vote.
E) ended slavery.
A) gave women the constitutional right to vote.
204
```
71) The ________ gave women the constitutional right to vote.
A) Bill of Rights
B) Fifteenth Amendment
C) Twenty-fourth Amendment
D) Equal Rights Amendment
E) Nineteenth Amendment
```
E) Nineteenth Amendment
205
72) From about 1920-1960, the feminist movement
A) experienced great growth and activity.
B) was in a period of hibernation.
C) was preoccupied with winning the right to vote. D) concentrated on anti-war causes.
E) first coalesced as a significant political movement in the United States.
B) was in a period of hibernation.
206
```
73) Alice Paul authored the Equal Rights Amendment, and unsuccessfully pushed for its passage beginning in the
A) 1960s.
B) 1970s.
C) 1920s.
D) 1980s.
E) 1940s.
```
C) 1920s.
207
```
74) Women were first given the right to vote by the
A) Suffrage Act of 1880.
B) Equal Rights Amendment.
C) Fifteenth Amendment.
D) Voting Rights Act.
E) Nineteenth Amendment.
```
E) Nineteenth Amendment.
208
75) Which of the following statements about the immediate consequence of women receiving the right to vote is FALSE?
A) Many supporters of the right to vote accepted the traditional model of the family.
B) The feminist movement gained steam immediately after the right to vote was secured.
C) Winning the right to vote did not automatically give women equal rights, pay, and status.
D) Many state laws continued to enshrine the traditional view of the family in public policy.
E) Gaining the right to vote did not eliminate many of the challenges facing women.
B) The feminist movement gained steam immediately after the right to vote was secured.
209
76) After passage of the Nineteenth Amendment in 1920, public policy toward women was dominated by
A) protectionism.
B) the principle of equality.
C) coverture.
D) matriarchalism.
E) economic, but not political, advances.
A) protectionism.
210
77) The feminist movement was reborn
A) when women became involved in the war effort during World War II.
B) when the Supreme Court made its decision in Roe v. Wade.
C) after the Civil War when women became inspired by the emancipation of the slaves.
D) during the Civil Rights movement of the 1950s and 1960s.
E) when the Equal Rights Amendment was first introduced in the 1920s.
D) during the Civil Rights movement of the 1950s and 1960s.
211
```
78) Betty Friedanʹs book, ________, published in 1963, encouraged many women to question traditional assumptions and to assert their rights.
A) A Handmaidʹs Tale
B) The Second Sex
C) The Female Eunuch
D) Women and Economics
E) The Feminine Mystique
```
E) The Feminine Mystique
212
79) In ________, the Supreme Court ruled that any ʺarbitraryʺ sex-based classification violated the equal protection clause.
A) Regents of the University of California v. Bakke
B) Dred Scott v. Sandford
C) Swann v. Charlotte-Mecklenberg County Schools
D) Reed v. Reed
E) Roe v. Wade
D) Reed v. Reed
213
80) In the case of Craig v. Boren, the Supreme Court ruled that
A) sex classifications would be treated by the Court as inherently suspect.
B) racial classifications were constitutional if they have a compelling, legitimate, and rational purpose.
C) it would employ a ʺmedium scrutinyʺ standard: sex discrimination would be treated as neither valid nor invalid.
D) sex classifications would be treated by the Court as valid.
E) all sex classifications were unconstitutional.
C) it would employ a ʺmedium scrutinyʺ standard: sex discrimination would be treated as neither valid nor invalid.
214
81) In the case of Reed v. Reed (1971), the Supreme Court
A) struck down an Oklahoma law setting different legal drinking ages for men and women.
B) declared that a womanʹs place is in the home.
C) prohibited sexual discrimination in public schools.
D) held that any arbitrary sex-based classification violated the equal protection clause of the Fourteenth Amendment.
E) declared that women are entitled to half the community property of a marriage when there is a divorce.
D) held that any arbitrary sex-based classification violated the equal protection clause of the Fourteenth Amendment.
215
82) The Supreme Court has voided each of the following sexual discrimination laws EXCEPT laws that
A) provided for alimony payments to women only.
B) made statutory rape a crime for men only.
C) set a higher age for drinking for men than for women.
D) closed a stateʹs nursing school to men.
E) provided child support for women only.
B) made statutory rape a crime for men only.
216
83) Which of the following is TRUE?
A) Many sex discrimination cases have involved men seeking equality with women.
B) The Supreme Court first struck down a law on the basis of sex discrimination in 1920.
C) The Supreme Court has so far struck down only a handful of laws for discriminating on the basis of gender.
D) All of these are true.
E) None of these are true.
A) Many sex discrimination cases have involved men seeking equality with women.
217
84) The Equal Rights Amendment failed because
A) it was vetoed by the President.
B) the Supreme Court voided it as unconstitutional. C) it did not win the required two-thirds vote in each chamber of Congress.
D) it was rejected by the United States Senate.
E) it fell three states short of sufficient ratification.
E) it fell three states short of sufficient ratification.
218
85) The ________ banned gender discrimination in employment by law.
A) Civil Rights Act of 1964
B) Fair Labor Standards Act
C) Supreme Court ruling in National Organization for Women v. Bank of America
D) Nineteenth Amendment
E) Gender Equity Act of 1972
A) Civil Rights Act of 1964
219
86) In considering gender discrimination in employment and business activity, the Supreme Court has ruled that any prerequisites based on gender or appearance
A) fall within the penumbra of the commerce clause, and thus enjoy its constitutional protection.
B) are unconstitutional.
C) must have a direct relationship with the duties required in a particular position, or are otherwise discriminatory.
D) can be accepted as non-discriminatory if the requirements have a longstanding tradition in the industry.
E) are matters of private business concern and therefore not under the protection of the Constitution.
C) must have a direct relationship with the duties required in a particular position, or are otherwise discriminatory
220
87) Which of the following statements about the Equal Rights Amendment (ERA) is FALSE?
A) The ERA was ratified in 1982.
B) The ERA battle stimulated vigorous feminist activity. C) The ERA battle stimulated vigorous anti-feminist activity.
D) The ERA was first introduced in the 1920s.
E) Congress passed the ERA in 1972.
A) The ERA was ratified in 1982.
221
88) The United States Supreme Court has handed down each of the following decisions concerning gender discrimination in employment and business activity EXCEPT
A) requiring the federal government to give women equal pay for jobs of comparable worth.
B) prohibiting gender discrimination in private business and service clubs.
C) voiding laws and rules barring women from jobs through arbitrary height and weight requirements.
D) protecting women from being required to take mandatory pregnancy leaves from their jobs.
E) None of the above; the court has handed down each of the decisions above.
A) requiring the federal government to give women equal pay for jobs of comparable worth.
222
```
89) The issue of ________ deals with women seeking to redress the fact that jobs traditionally held by men tend to pay far greater salaries than jobs requiring similar skills but are traditionally held by women.
A) gender equality
B) affirmative action
C) feminized wage scales
D) comparable worth
E) the lace purse
```
D) comparable worth
223
90) ʺComparable worthʺ refers to the issue of
A) paying men and women equivalent salaries for jobs requiring similar skills.
B) government subsidization of women who choose to work at home.
C) the inherent dignity and equality of women with men.
D) reduced work responsibilities for women workers with children.
E) equal voting rights and access to public office for women.
A) paying men and women equivalent salaries for jobs requiring similar skills.
224
91) Which of the following is TRUE?
A) Women are prohibited from serving as combat pilots.
B) Women are prohibited on navy warships.
C) Women are now allowed in ground combat units.
D) Both men and women must register for the draft at age 18.
E) none of the above
E) none of the above
225
92) Which of the following statements about women in the military is FALSE?
A) Congress has opened all the service academies to women.
B) Women, as well as men, are now required to register for the draft.
C) Statutes and regulations prohibit women from serving in most combat situations.
D) Women have served in every branch of the armed services since World War II.
E) Women do not have a ceiling on the rank they can achieve.
B) Women, as well as men, are now required to register for the draft.
226
93) The Persian Gulf War showed that
A) women could serve as combat pilots.
B) women would not volunteer for combat positions.
C) there is no place in the military for women.
D) women did well in the military, but should not serve in combat positions.
E) womenʹs military performance was inferior to menʹs.
A) women could serve as combat pilots.
227
94) In 1993, the Supreme Court ruled that sexual harassment is sex discrimination that violates the Civil Rights Act when
A) the target objects a second time to touching, body language, or dirty talk.
B) it causes severe psychological injury.
C) the workplace environment becomes hostile or abusive.
D) an employee can no longer perform his or her job.
E) the target suffers a nervous breakdown.
C) the workplace environment becomes hostile or abusive.
228
95) In Faragher v. City of Boca Raton (1998), the Supreme Court held that
A) school districts can be held liable for sexual harassment.
B) the military can not be responsible for sexual harassment at conferences.
C) employers are responsible for preventing and eliminating sexual harassment.
D) government entities are not responsible for preventing sexual harassment.
E) none of the above
C) employers are responsible for preventing and eliminating sexual harassment.
229
96) The 1991 convention of the Tailhook Association of naval aviators experienced a celebrated case of sexual harassment when
A) the commanding officer scattered his pubic hairs upon the desks of some of his female secretaries. B) the commander-in-chief of the armed forces asked a female aviator up to his hotel room ostensibly for business and then unzipped his pants, showed her his penis, and asked for oral sex.
C) some men secretly videotaped their sexual encounters and then showed them at the convention.
D) male aviators lined a hotel hallway and groped and kissed women trying to get to their rooms.
E) All of these; it was a really sordid affair.
D) male aviators lined a hotel hallway and groped and kissed women trying to get to their rooms.
230
97) The 1991 convention of the Tailhook Association convention brought attention to the problem of
A) the failure of the Equal Rights Amendment.
B) homosexual activity in the armed services.
C) comparable worth.
D) sexual harassment.
E) sexual discrimination in the courts.
D) sexual harassment.
231
98) The ʺgray liberationʺ movement refers to
A) elderly homosexuals seeking equality.
B) those seeking laws that break down racial barriers and promote harmony.
C) anti-pollution activists who seek to reduce smog.
D) those fighting for the rights of the elderly.
E) those fighting for equal rights and justice for the disabled.
D) those fighting for the rights of the elderly.
232
```
99) The fastest growing age group in the American population is
A) Generation X.
B) people in their 80s.
C) infants.
D) teenagers.
E) baby-boomers.
```
B) people in their 80s.
233
100) Age discrimination laws have
A) allowed children between the ages of 12 and 18 to leave their parents.
B) lowered the minimum compulsory retirement age to 55.
C) required employers to hire a certain percentage of people over the age of 50.
D) denied federal funds to any institution discriminating against people over forty.
E) all of the above
D) denied federal funds to any institution discriminating against people over forty.
234
101) In 1990, Congress enacted the ________, a far-reaching law to protect a particular group of Americans from discrimination, ignoring those who claimed the price tag would be too high.
A) Gay and Lesbian Civil Rights Bill B) Native-Americans Inclusion Act
C) Americans with Disabilities Act
D) Childrenʹs Rights Act
E) Immigrant Grant Act
C) Americans with Disabilities Act
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102) The Rehabilitation Act of 1973
A) entitles all children to a free public education appropriate to their needs.
B) increased the amount of financial aid to disabled people.
C) guaranteed free, lifetime medical care and physical therapy for Vietnam War veterans.
D) added handicapped people to the list of Americans protected from discrimination.
E) prohibits employment discrimination against the disabled.
D) added handicapped people to the list of Americans protected from discrimination.
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103) The Americans with Disabilities Act of 1990 A) required all governmental buildings to have wheelchair-accessible entrances and facilities.
B) added AIDS victims to the list of handicapped persons.
C) prohibited employment discrimination against the disabled.
D) added handicapped people to the list of Americans protected from discrimination.
E) required an affirmative action program for the disabled.
C) prohibited employment discrimination against the disabled.
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104) Opposition to Civil Rights laws for the handicapped has been justified primarily on the basis of the
A) inability of disabled persons to handle most employment requirements.
B) fear that laws will lead to a quota system to hire disabled persons.
C) high cost of programs to help the disabled.
D) fear that the disabled will take jobs away from able-bodied persons.
E) all of the above
C) high cost of programs to help the disabled.
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105) Homophobia refers to
A) fear and hatred toward gay men and lesbian women.
B) the tendency to be sexually attracted to members of oneʹs own sex.
C) the development of positive stereotypes concerning gay men and lesbian women.
D) promoting the Civil Rights of gay men and lesbian women.
E) an attitude of tolerance and acceptance toward gay men and lesbian women.
A) fear and hatred toward gay men and lesbian women.
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106) Affirmative action seeks to move beyond
A) equal results to equal opportunity.
B) equal opportunity to equal results.
C) equal opportunity to equal rights.
D) equal rights to equal opportunity.
E) negativism to positivism in human relations.
B) equal opportunity to equal results.
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107) The public policy paths for women and minorities converged in the debate about
A) affirmative action.
B) the Equal Rights Amendment.
C) military service.
D) gay rights.
E) comparable worth.
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A) affirmative action.
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108) The goal of affirmative action is to move toward
A) equal facilities.
B) equal opportunity.
C) equal results.
D) equal pay.
E) comparable worth.
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C) equal results.
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109) The strongest and most controversial form of affirmative action is
A) busing.
B) comparable worth.
C) numerical quotas.
D) comparative worth.
E) equal opportunity.
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C) numerical quotas.
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110) The Supreme Court ruled against some of the basic principles of affirmative action in which of the following cases?
A) Metro Broadcasting Inc. v. Federal Communications Commission
B) Fullilove v. Klutznick
C) Regents of the University of California v. Bakke
D) United Steelworkers of America, AFL-CIO v. Weber
E) all of the above
C) Regents of the University of California v. Bakke
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111) Which of the following statements about affirmative action is FALSE?
A) The constitutional status of affirmative action has not been very clear.
B) Affirmative action puts an emphasis on equal results and not merely equal opportunities.
C) Affirmative action has been used to establish special provisions to ensure that a portion of school admissions go to minorities and women.
D) Polling data shows that most Americans support affirmative action.
E) none of the above
D) Polling data shows that most Americans support affirmative action.
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112) The case of Regents of the University of California v. Bakke dealt with
A) affirmative action.
B) sexual harassment.
C) the right to establish a gay student organization.
D) comparable worth.
E) paid maternity leave.
A) affirmative action.
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113) In the case of Regents of the University of California v. Bakke, the United States Supreme Court
A) upheld all affirmative action programs as justified and constitutional. B) ruled that the University of California-Davis medical school could not discriminate against women, African Americans, or other minority groups.
C) outlawed all affirmative action programs as unconstitutional. D) ruled that state-run nursing schools could not discriminate against men in admissions to their programs.
E) upheld affirmative action programs, but limited their scope, and outlawed racial quota set-asides.
E) upheld affirmative action programs, but limited their scope, and outlawed racial quota set-asides.
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114) In the case of ________, the Supreme Court ruled that affirmative action programs were not unconstitutional, but they could not involve a set-aside quota of spots available only to members of particular groups.
A) Craig v. Boren
B) Korematsu v. United States
C) Regents of the University of California v. Bakke
D) Reed v. Reed
E) Roe v. Wade
C) Regents of the University of California v. Bakke
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115) In its 1995 ruling in Adarand Constructors v. Pena, the Supreme Court
A) changed direction and began to curtail federal use of affirmative action programs.
B) outlawed discrimination against women in the construction industry.
C) mandated an expansion of federal affirmative action programs.
D) upheld federal affirmative action programs as constitutional.
E) broadened the scope of state and local affirmative action programs that it considers constitutional.
A) changed direction and began to curtail federal use of affirmative action programs.
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116) In the case of Regents of the University of California v. Bakke, the Court A) refused to allow the admission of Bakke to University of California-Davis.
B) was united in its decision. C) ordered that University of California-Davis could not use race as a criterion for admission.
D) ruled that nursing schools cannot discriminate against men in their admissions procedures.
E) ruled that a public university could not set aside a quota of spots for particular groups.
E) ruled that a public university could not set aside a quota of spots for particular groups.
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117) Which of the following statements about Supreme Court rulings concerning affirmative action is FALSE?
A) The Court has approved preferential treatment of minorities in promotions.
B) The Court has ruled that affirmative action can exempt recently hired minorities from traditional work rules specifying ʺlast hired, first firedʺ order of layoffs.
C) The Court has ordered quotas for minority union memberships.
D) The Court has ruled that public employers may use affirmative action promotion plans to counter the underrepresentation of women and minorities in the workplace.
E) none of the above
B) The Court has ruled that affirmative action can exempt recently hired minorities from traditional work rules specifying ʺlast hired, first firedʺ order of layoffs.
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118) Affirmative action programs are referred to by critics as
A) negative reaction.
B) reverse discrimination.
C) positive negativism.
D) comparable worth.
E) degenderizing.
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B) reverse discrimination.
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119) Supporters of affirmative action believe that
A) affirmative action produces so important a social goal that some reverse discrimination is acceptable.
B) merit is the only fair basis for distributing benefits.
C) discrimination is wrong, even when its purpose is to rectify past injustices.
D) any form of quota system is unjust.
E) some discrimination is acceptable.
A) affirmative action produces so important a social goal that some reverse discrimination is acceptable.
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120) When proposition 209 was passed in California in 1996, it banned
A) affirmative action in public hiring, contracting, and educational admissions.
B) affirmative action in federal hiring.
C) affirmative action on behalf of homosexuals.
D) affirmative action in the private sector.
E) affirmative action on behalf of women.
A) affirmative action in public hiring, contracting, and educational admissions.
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121) Which of the following statements is FALSE?
A) Civil rights policies have expanded the power of government.
B) The steady expansion of civil rights has brought more groups into the democratic process.
C) Current civil rights policies conform to the eighteenth-century idea of limited government.
D) The rights ensured by the First Amendment are essential to a democracy.
E) Lyndon Johnson was president when civil rights legislation was passed in the 1960s.
C) Current civil rights policies conform to the eighteenth-century idea of limited government.
