Chapter 4

Question 1

The Supreme Court’s decision in Roe v. Wade was based on the

First Amendment.
right to privacy.
due process clause of the Fourteenth Amendment.
Fifth Amendment.

Answer 1

right to privacy.

Question 2

____________ limit what the government can do, while ____________ define how the government can act.

Substantive liberties; procedural liberties
Procedural liberties; substantive liberties
Bills of attainder; due processes of law
Substantive liberties; bills of attainder

Answer 2

Substantive liberties; procedural liberties

Question 3

Miranda rights concern

double jeopardy.
self-incrimination.
eminent domain.
capital punishment.

Answer 3

self-incrimination.

Question 4

The Bill of Rights originally applied to __________

only the national government.
only the state governments.
both the national and state governments.
only the state and local governments.

Answer 4

only the national government.

Question 5

Protections of citizens from improper government action is the definition of

civil liberties.
civil rights.
civil liabilities.
civil tort claims.

Answer 5

civil liberties.

Question 6

The First Amendment’s ____________ protects the right to believe in and practice one’s religion of choice.

free exercise clause
establishment clause
freedom of assembly clause
wall of separation clause

Answer 6

free exercise clause

Question 7

The Second Amendment concerns

the rights of the criminally accused.
searches and seizures.
the right to bear arms.
the right to counsel.

Answer 7

the right to bear arms.

Question 8

The Supreme Court case of Mapp v. Ohio established the

clear and present danger doctrine.
Lemon test.
exclusionary rule.
standard by which obscenity is defined.

Answer 8

exclusionary rule.

Question 9

The use of personal information by websites like Facebook and its advertisers raises questions about

free exercise of religion.
the right to privacy.
due process of law.
eminent domain.

Answer 9

the right to privacy.

Question 10

The issue of __________ has been considered by the Supreme Court under the right to privacy doctrine established in Griswold v. Connecticut.

gun ownership
school prayer
double jeopardy
abortion

Answer 10

abortion

Question 11

Government policies after 9/11 have illustrated the tension between

liberty and democracy.
equality and national security.
democracy and equality.
liberty and national security.

Answer 11

liberty and national security.

Question 12

Citizens of the United States may have a right to bear arms, but the exercise of this right can be regulated by

only state law.
only federal law.
the National Rifle Association.
state and federal law.

Answer 12

state and federal law.

Question 13

Taking private property for public use is covered under the provision of

eminent domain.
the Second Amendment.
the Sixth Amendment.
Palko v. Connecticut.

Answer 13

eminent domain.

Question 14

The Supreme Court ruled in ____________ that the right to privacy did not extend to homosexuals.

Gideon v. Wainwright
Mapp v. Ohio
Miranda v. Arizona
Bowers v. Hardwick

Answer 14

Bowers v. Hardwick

Question 15

The first ten amendments to the U.S. Constitution are known as the

Rights of Man.
Bill of Rights.
Social Contract.
Bill of Attainder.

Answer 15

Bill of Rights.

Question 16

The Fourth, Fifth, Sixth, and Eighth amendments, taken together, define

due process of law.
free speech.
the right to bear arms.
civil rights of minorities.

Answer 16

due process of law.

Question 17

Which 1937 Supreme Court case established the principle of selective incorporation?

New York Times v. Sullivan
Miller v. California
Mapp v. Ohio
Palko v. Connecticut

Answer 17

Palko v. Connecticut

Question 18

The ____________ has been interpreted quite strictly to mean that a virtual wall of separation exists between
church and state.

free exercise clause
freedom of religion clause
establishment clause
necessary and proper clause

Answer 18

establishment clause

Question 19

A law that declares an action to be illegal after it has been committed is

a habeas corpus law.
an ex post facto law.
a bill of attainder.    a writ of certiorari.

Answer 19

an ex post facto law.

Question 20

The first civil liberty selectively incorporated into the Fourteenth Amendment as a limitation on state government power was for

property protection.
freedom of speech.
freedom of press.
freedom of assembly.

Answer 20

property protection.

Question 21

The so-called Lemon test, which came from the court case Lemon v. Kurtzman, concerns the issue of

school desegregation.
aid to religious schools.
prayer in school.
obscenity.

Answer 21

aid to religious schools.

Question 22

Which 1940 Supreme Court case established the “time, place and manner rule” that distinguishes between the regulation of religious beliefs and actions based on those beliefs?

Cantwell v. Connecticut
West Virginia State Board of Education v. Barnette
McCreary County v. American Civil Liberties Union
Van Orden v. Perry

Answer 22

Cantwell v. Connecticut

Question 23

Which of the following places restraints on how the government is supposed to act?

substantive liberties
procedural liberties
ex post facto liberties
natural liberties

Answer 23

procedural liberties

Question 24

a court order demanding that an individual in custody be brought into court and shown the cause for detention. (page 115)

Answer 24

habeas corpus

Question 25

a law that declares a person guilty of a crime without a trial. (page 115)

Answer 25

bill of attainder

Question 26

laws that declare an action to be illegal after it has been committed. (page 115)

Answer 26

ex post facto laws

Question 27

the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people. (page 116)

Answer 27

Bill of Rights

Question 28

areas of personal freedom with which governments are constrained from interfering. (page 116)

Answer 28

civil liberties

Question 29

the First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses. (page 121)

Answer 29

free exercise clause

Question 30

test to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society. (page 123)

Answer 30

“clear and present danger” test

Question 31

a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory.” (page 127)

Answer 31

libel

Question 32

an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory.” (page 127)

Answer 32

slander

Question 33

speech that directly incites damaging conduct. (page 130)

Answer 33

fighting words

Question 34

the right of every citizen against arbitrary action by national or state governments. (page 133)

Answer 34

due process of law

Question 35

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment. (page 134)

Answer 35

exclusionary rule

Question 36

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused’s guilt or innocence. (page 136)

Answer 36

grand jury

Question 37

the Fifth Amendment right providing that a person cannot be tried twice for the same crime. (page 138)

Answer 37

double jeopardy

Question 38

the right of government to take private property for public use. (page 139)

Answer 38

eminent domain

Question 39

the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions. (page 143)

Answer 39

right to privacy