Question 1

What was the main reason that Alexander Hamilton did not want a bill of rights?

Accepted Answer

A)  He wanted the government to have as much power as possible. 
B)  He believed that too many individual liberties destroyed the trust between citizen and government. 
C)  He believed it was unnecessary for a government that possessed only specifically delegated powers. 
D)  He believed a bill of rights would make the Constitution too long and cumbersome. 
E)  He believed a bill of rights would lead to too many frivolous lawsuits. 
A)  He wanted the government to have as much power as possible. 
B)  He believed that too many individual liberties destroyed the trust between citizen and government. 
C)  He believed it was unnecessary for a government that possessed only specifically delegated powers. 
D)  He believed a bill of rights would make the Constitution too long and cumbersome. 
E)  He believed a bill of rights would lead to too many frivolous lawsuits.

Question 2

The due process clause of the Fifth Amendment is best described as

Accepted Answer

A)  a substantive civil liberty. 
B)  a procedural civil liberty. 
C)  a civil right. 
D)  a delegated power. 
E)  an instrumental power. 
A)  a substantive civil liberty. 
B)  a procedural civil liberty. 
C)  a civil right. 
D)  a delegated power. 
E)  an instrumental power.

Question 3

The Fourth Amendment protects against

Accepted Answer

A)  cruel and unusual punishment. 
B)  unreasonable searches and seizures. 
C)  self-incrimination. 
D)  quartering military troops in private homes. 
E)  prior restraint. 
A)  cruel and unusual punishment. 
B)  unreasonable searches and seizures. 
C)  self-incrimination. 
D)  quartering military troops in private homes. 
E)  prior restraint.

Question 4

Describe the piecemeal nationalization of the Bill of Rights. What issue is at stake with the nationalization? What was the Supreme Court's earliest interpretation of the scope of the Bill of Rights? How did the Fourteenth Amendment challenge this interpretation? Describe the process, under the Palko test, of selective incorporation.

Accepted Answer

The piecemeal nationalization of the Bil

Question 5

The Supreme Court has ruled that the phrase "under God" in the Pledge of Allegiance violates the separation of church and state.

Accepted Answer

A) True 
 B)False

Question 6

Freedom of speech and of the press have a special place in American democracy because

Accepted Answer

A)  free and open debate is an essential mechanism for determining the quality and validity of competing ideas. 
B)  they are the only liberties explicitly mentioned in the Bill of Rights. 
C)  they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment. 
D)  they have never been restricted by any law in the history of the United States. 
E)  they were the only liberties explicitly mentioned in Article I of the Constitution. 
A)  free and open debate is an essential mechanism for determining the quality and validity of competing ideas. 
B)  they are the only liberties explicitly mentioned in the Bill of Rights. 
C)  they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment. 
D)  they have never been restricted by any law in the history of the United States. 
E)  they were the only liberties explicitly mentioned in Article I of the Constitution.

Question 7

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

Accepted Answer

A)  a constitutional right to privacy. 
B)  American due process. 
C)  New Federalism. 
D)  a test that can be used to determine what is protected speech. 
E)  the rights of individuals accused of a crime. 
A)  a constitutional right to privacy. 
B)  American due process. 
C)  New Federalism. 
D)  a test that can be used to determine what is protected speech. 
E)  the rights of individuals accused of a crime.

Question 8

According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights?

Accepted Answer

A)  Does the Bill of Rights put limits only on the national government, or does it limit state governments as well? 
B)  Does every state have to ratify each amendment to the Constitution, or only a majority of states? 
C)  Does the level of enforcement of the Bill of Rights have to be equal throughout every state? 
D)  Does the Bill of Rights legalize a national moral consensus? 
E)  Does the Supreme Court have the authority to determine the exact meaning of the Bill of Rights? 
A)  Does the Bill of Rights put limits only on the national government, or does it limit state governments as well? 
B)  Does every state have to ratify each amendment to the Constitution, or only a majority of states? 
C)  Does the level of enforcement of the Bill of Rights have to be equal throughout every state? 
D)  Does the Bill of Rights legalize a national moral consensus? 
E)  Does the Supreme Court have the authority to determine the exact meaning of the Bill of Rights?

Question 9

The right to legal counsel in a criminal proceeding is guaranteed by the

Accepted Answer

A)  Fourth Amendment. 
B)  Fifth Amendment. 
C)  Sixth Amendment. 
D)  Seventh Amendment. 
E)  Eighth Amendment. 
A)  Fourth Amendment. 
B)  Fifth Amendment. 
C)  Sixth Amendment. 
D)  Seventh Amendment. 
E)  Eighth Amendment.

Question 10

The Supreme Court's decisions in Van Orden v. Perry and McCreary v. ACLU illustrate that

Accepted Answer

A)  the issue of government-sponsored displays of religious symbols has not yet been definitively settled. 
B)  there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government. 
C)  the free exercise clause has still not been incorporated through the Fourteenth Amendment. 
D)  the Lemon test does not apply to cases involving school prayer. 
E)  the government will never be allowed to display any kind of religious symbols anywhere on government property. 
A)  the issue of government-sponsored displays of religious symbols has not yet been definitively settled. 
B)  there are different opinions about whether the establishment clause should apply to state governments as well as to the federal government. 
C)  the free exercise clause has still not been incorporated through the Fourteenth Amendment. 
D)  the Lemon test does not apply to cases involving school prayer. 
E)  the government will never be allowed to display any kind of religious symbols anywhere on government property.

Question 11

Not all speech is treated equally. What forms of speech received the highest levels of protection? Why has the Supreme Court developed two tiers of speech protection? Describe some of the types of speech that have received lower levels of constitutional protection than political speech. What recent controversies involve speech that does not receive absolute protection?

Accepted Answer

The forms of speech that receive the hig

Question 12

Why was the Supreme Court case New York Times v. Sullivan significant?

Accepted Answer

A)  The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel. 
B)  The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate. 
C)  The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. 
D)  The Court ruled that pornography is always illegal. 
E)  The Court ruled that "shield laws" were unconstitutional. 
A)  The Court ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel. 
B)  The Court ruled that newspapers could be guilty of libel if they published any information that was ultimately proven to be inaccurate. 
C)  The Court ruled that the government could prevent the publication of newspapers and magazines only under the most extraordinary circumstances. 
D)  The Court ruled that pornography is always illegal. 
E)  The Court ruled that "shield laws" were unconstitutional.

Question 13

Describe some of the rights of the accused that are found in the Bill of Rights. What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

Accepted Answer

Some of the rights of the accused that a

Question 14

The Supreme Court ruled in 1920 that every provision in the Bill of Rights protects the individual from actions by the states as well as the federal government.

Accepted Answer

A) True 
 B)False

Question 15

Which provision of the Bill of Rights has not been nationalized?

Accepted Answer

A)  the right to a grand jury 
B)  the right against double jeopardy 
C)  the right to a lawyer 
D)  freedom from cruel and unusual punishment 
E)  the right to counsel in any criminal trial 
A)  the right to a grand jury 
B)  the right against double jeopardy 
C)  the right to a lawyer 
D)  freedom from cruel and unusual punishment 
E)  the right to counsel in any criminal trial

Question 16

In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

Accepted Answer

A)  permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion. 
B)  permissible only if it promotes religious organizations that have a large number of members. 
C)  permissible only if it promotes religious organizations that have a small number of members. 
D)  permissible only if it inhibits religious organizations who espouse anti-American beliefs. 
E)  never permissible. 
A)  permissible only if it is secular in purpose, neither promotes nor inhibits religion, and does not lead to excessive entanglement with religion. 
B)  permissible only if it promotes religious organizations that have a large number of members. 
C)  permissible only if it promotes religious organizations that have a small number of members. 
D)  permissible only if it inhibits religious organizations who espouse anti-American beliefs. 
E)  never permissible.

Question 17

Which of the following statements about America's prison population is false?

Accepted Answer

A)  The United States imprisons more people per every 100,000 citizens than Rwanda, South Africa, Cuba, Brazil, and India. 
B)  African Americans make up about 38% of the prison population but only 13% of the overall population. 
C)  People convicted of violent crimes make up the majority of prison inmates. 
D)  There are almost no drug offenders in prison. 
E)  Women make up less than 10% of the prison population. 
A)  The United States imprisons more people per every 100,000 citizens than Rwanda, South Africa, Cuba, Brazil, and India. 
B)  African Americans make up about 38% of the prison population but only 13% of the overall population. 
C)  People convicted of violent crimes make up the majority of prison inmates. 
D)  There are almost no drug offenders in prison. 
E)  Women make up less than 10% of the prison population.

Question 18

The Bill of Rights

Accepted Answer

A)  is the first ten amendments to the Constitution. 
B)  includes all of the civil liberties and civil rights found in the Constitution. 
C)  is the first national Constitution of the United States. 
D)  is the First Amendment to the Constitution. 
E)  is the Tenth Amendment to the Constitution. 
A)  is the first ten amendments to the Constitution. 
B)  includes all of the civil liberties and civil rights found in the Constitution. 
C)  is the first national Constitution of the United States. 
D)  is the First Amendment to the Constitution. 
E)  is the Tenth Amendment to the Constitution.

Question 19

The term eminent domain describes

Accepted Answer

A)  the power of the government to take private property for public use. 
B)  the right of individuals not to have their private property taken by the government. 
C)  the power of the Supreme Court to declare the meaning and scope of all civil liberties. 
D)  the power of the federal government to seize land owned and managed by states, in the public interest. 
E)  the power of state governments to ignore a law enacted by the federal government. 
A)  the power of the government to take private property for public use. 
B)  the right of individuals not to have their private property taken by the government. 
C)  the power of the Supreme Court to declare the meaning and scope of all civil liberties. 
D)  the power of the federal government to seize land owned and managed by states, in the public interest. 
E)  the power of state governments to ignore a law enacted by the federal government.

Question 20

Since 1973, the right to an abortion has been

Accepted Answer

A)  upheld and expanded. 
B)  upheld but narrowed in scope. 
C)  overturned by the Supreme Court. 
D)  unchanged because the Supreme Court has not heard another case involving abortion. 
E)  repealed by a constitutional amendment. 
A)  upheld and expanded. 
B)  upheld but narrowed in scope. 
C)  overturned by the Supreme Court. 
D)  unchanged because the Supreme Court has not heard another case involving abortion. 
E)  repealed by a constitutional amendment.

Exam 4: Civil Liberties

What was the main reason that Alexander Hamilton did not want a bill of rights?

The due process clause of the Fifth Amendment is best described as

The Fourth Amendment protects against

The Supreme Court has ruled that the phrase "under God" in the Pledge of Allegiance violates the separation of church and state.

Freedom of speech and of the press have a special place in American democracy because

Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of

According to the text, what is the constitutional problem relating to the nationalization of the Bill of Rights?

The right to legal counsel in a criminal proceeding is guaranteed by the

The Supreme Court's decisions in Van Orden v. Perry and McCreary v. ACLU illustrate that

Why was the Supreme Court case New York Times v. Sullivan significant?

Describe some of the rights of the accused that are found in the Bill of Rights. What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

The Supreme Court ruled in 1920 that every provision in the Bill of Rights protects the individual from actions by the states as well as the federal government.

Which provision of the Bill of Rights has not been nationalized?

In Lemon v. Kurtzman, the Supreme Court ruled that government action toward religion is

Which of the following statements about America's prison population is false?

The Bill of Rights

The term eminent domain describes

Since 1973, the right to an abortion has been

American Political Culture

The Founding and the Constitution

Federalism

Civil Rights

Public Opinion

The Media

Political Participation and Voting

Political Parties

Campaigns and Elections

Groups and Interests

Congress

The Presidency

Bureaucracy in a Democracy

The Federal Courts

Government and the Economy

Social Policy

Foreign Policy and Democracy

The Political Culture, People, and Economy of Texas

The Texas Constitution

Parties and Elections in Texas

Interest Groups and Lobbying

The Texas Legislature

The Texas Executive Branch

The Texas Judiciary

Local Government in Texas

Public Policy in Texas

Filters