Ch. 4 MULTIPLE CHOICE QUESTIONS 1. Americans civil liberties are detailed in a. the Declaration of Independence. b. the Bill of Rights.

c. Article I of the Constitution. d. no written document or law. e. the Preamble to the Constitution. 2. Which of the following statements about the ill of !ights is "A#$%& a. 'he ill of !ights was written b( the "irst Congress of the )nited $tates. b. 'he ill of !ights consists of the first ten amendments to the Constitution. c. Most state constit tions !i! not ha"e a bill of #ights at the ti$e of the Constit tional Con"ention. d. *an( states made adoption of a bill of rights a condition of ratification of the Constitution. e. 'he Constitution of 1+,+ contained no bill of rights. -. In literal terms. the "irst Amendment pertains to a. the states. b. Cong#ess. c. the courts. d. all units of government. e. All of the above /. 'he significance of Gitlow v. New York 011223 was that a. a %#o"ision of the Bill of Rights &as a%%lie! to the states fo# the fi#st ti$e. b. the national government was prevented from violating the ill of !ights. c. a state constitution had precedence over the )nited $tates Constitution within that state. d. the ill of !ights was interpreted as restraining onl( the national government and not cities or states. e. the ).$. Constitution has precedence over the state constitution within the state. 2. "ederal aid for parochial or private religious school raises 4uestions about a. the governments involvement in promoting. or favoring. particular religions. b. violating the 5wall of separation6 between church and state. c. the 7o Child #eft ehind Act. d. the conflict between evolution and creationism. e. Both a an! b 8. In 2992. the $upreme Court found that two :entuc;( counties violated the establishment clause of the "irst Amendment b( a. establishing %nglish as the <official first language of the state of :entuc;(.< b. posting the 'en Commandments as a wa( of promoting religion. c. banning <intelligent design< from the curriculum. !. %#o"i!ing an 'inefficient' s(ste$ of % blic e! cation. e. re4uiring students to sa( the Pledge of Allegiance.

+. In regard to the free e=ercise clause. the $upreme Court has made each of the following rulings %>C%P' a. %ol(ga$( $a( be ) stifie! fo# Mo#$ons on #eligio s g#o n!s. b. the Air "orce can enforce its dress code even against religiousl( based dress choices. c. Amish parents ma( ta;e their children out of school after the eighth grade. d. people could become conscientious ob?ectors to war on religious grounds. e. public schools cannot re4uire @ehovahAs Witnesses to attend flag saluting ceremonies. ,. "reedom of e=pression a. has so$eti$es been li$ite! &hen it conflicts &ith othe# #ights an! "al es. b. is protected b( the "ourth and "ifth Amendments. c. is an absolute right protected b( the "irst Amendment. d. includes freedom of speech and press. but not actions. e. would not protect a political rall( to attac; an opposition candidateAs stand on issues. 1. In Schenck v. United States 011113. @ustice Bolmes said that speech can be restricted when it a. is uttered b( government officials in an effort to establish a religion. b. %#o"o*es 'a clea# an! %#esent !ange#' to %eo%le. c. advocates the violent overthrow of the )nited $tates. d. is spo;en rather than nonverbal or s(mbolic. e. is e=pressed on private propert(. 19. 'he $upreme Court ruled in Branzburg v. Hayes 011+23 that in the absence of shield laws. a. the #ight of a f#ee t#ial %#ee$%ts the #e%o#te#+s #ight to %#otect so #ces. b. newspaper files are protected b( the "irst Amendment. c. reporters have more rights than other citiCens. d. ?udges can bar cameras from the courtroom. e. 7one of the above 11. In Miller v. Cali ornia 011+13. the Court ruled that decisions regarding whether or not material was obscene should generall( be made b( a. Congress. through statutor( law. b. lower federal ?udges as the( see fit. but in conformance with the "irst Amendment. c. local co$$ nities, &ith so$e g i!elines %#o"i!e! b( the Co #t itself abo t ho& to $a*e s ch ) !g$ents. d. the $upreme Court itself. on a caseDb(Dcase basis. e. individual persons in their own private lives. 12. $(mbolic speech a. consists of speech criticiCing the s(mbols 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 activit(. !. consists of action that e-%#esses an o%inion. e. is prohibited under the "irst Amendment. 1-. In !istrict o Colu"bia v. Heller 0299,3 the $upreme Court

a. held that the $econd Amendment protects an individuals right to possess a firearm unconnected with service in a militia. b. held that the $econd Amendment protects an individuals right to use a firearm for traditionall( lawful purposes. c. held that a District of Columbia law re4uiring lawful firearms in homes to be disassembled or bound b( a trigger loc; was unconstitutional because it ma;es it impossible for citiCens to use arms for the core lawful purpose of selfDdefense. !. .ll of the abo"e e. 7one of the above 1/. )nreasonable searches and seiCures are specificall( forbidden in the a. $i=teenth Amendment. b. "ifth Amendment. c. $econd Amendment. d. 'enth Amendment. e. /o #th .$en!$ent. 12. 'he e=clusionar( rule. which was applied to state governments. as well as the federal government in Ma## v. $hio 011813. meant that a. federal agents ma( ma;e arrests for state crimes. b. state governments are e=cluded from prosecuting federal crimes. c. searches b( police could not be made without a legal search warrant. d. probable cause must be established prior to arrest. e. nla&f ll( obtaine! e"i!ence co l! not be se! in co #t. 18. Which of the following is '!)% about the $upreme CourtAs decision in Miranda v. %rizona& a. Mi#an!a+s innocence o# g ilt &as not at iss e0 his #ights ha! been "iolate!, so his con"iction &as o"e#t #ne!. b. 'he CourtAs decision greatl( relieved members of police departments around the countr(. c. 'he Court ruled that *iranda was innocent. and *iranda later became a famous public defender in the local courts. d. 'he Court ruled that *irandaAs constitutional rights had not been violated and that he could be legall( e=ecuted. e. 'he Court concluded that *iranda was innocent. overturned his conviction. and ordered him freed from prison. 1+. Which of the following is 7E' included in protections provided in the $i=th Amendment& a. 'he right to counsel b. 'he right to confront witnesses c. 'he right to a speed( trial d. 'he right to a public trial e. The #ight to #e$ain silent 1,. 'he vast ma?orit( of criminal cases in the )nited $tates are settled throughFb( a. the $upreme Court. b. %lea ba#gaining.

c. municipal and count( courts. d. district court. e. the ?ur( room. 11. In its 299, ruling in Bou"edine v. Bush. the $upreme Court a. held that foreign terrorism suspects held at Guantanamo a( have constitutional rights to challenge their detention in ).$. court. b. held that foreign terrorism suspects held at Guantanamo a( do not have constitutional rights to challenge their detention in ).$. court. c. overturned part of the *ilitar( Commissions Act that permitted the government to detain aliens indefinitel( without prosecuting them in an( manner. d. held that 5the laws and Constitution are designed to survive. and remain in force. in e=traordinar( times.6 e. ., c, an! ! 29. 'he abortion decision in &oe v. 'ade 011+-3 was ?ustified b( the $upreme Court largel( on the grounds of a. the freedom of religion clause of the "irst Amendment. b. the free e=ercise clause of the "irst Amendment. c. the #ight of %#i"ac( i$%lie! in the Bill of Rights. d. our constitutional right to life. e. new advances in medical technolog(. ESS.1 QUESTIONS 1. Bow would (ou characteriCe the first ten amendments to the Constitution& Wh(. ta;en together. are these so significant& Do (ou consider them too narrow. too broad. or about right& %=plain. 2. $hould public school children be forced to repeat the Pledge of Allegiance& $hould public schools permit a recitation of the Pledge of Allegiance. even if it violates some students religious beliefs& -. In what wa(s has the ).$. governments detention of 1.299 persons following 1F11. and its subse4uent detention and treatment of prisoners at Guantanamo a(. Cuba. raised important 4uestions about ill of !ights protections for the criminall( accused& Which amendments and civil liberties are at sta;e in these cases& What has the Court said. to date. about the governments actions& /. *ost modern. industrialiCed democracies 0including all member nations of the %uropean )nion3 have abolished the death penalt(. $hould the ).$. abolish the death penalt(& 2. Hour te=t. Govern"ent in %"erica. notes. 5civil liberties are both the foundation for and a reflection of our emphasis on individualism.6 What is meant b( this statement& Do (ou agree or disagree. and wh(&