Exam Prep Civil Liberties Building And Defending Fences Ch.4 - Complete Test Bank | American Gov Stories of a Nation 2e by Scott F. Abernathy. DOCX document preview.
Chapter 4: Civil Liberties: Building and Defending Fences
Test Bank
Multiple Choice
1. Which of the following best defines civil liberties?
a. rights citizens possess that protect them from unfair governmental interference
b. rights guaranteed in the Constitution that define what people are allowed to do
c. items included in the Bill of Rights that define what the government is allowed to do
d. the ability to criticize the government
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Comprehension
Answer Location: Introduction
Difficulty Level: Hard
2. The Standing Rock protestors in North Dakota came together over what issue?
a. farming rights
b. water rights
c. voting rights
d. abortion rights
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Comprehension
Answer Location: Standing Rock: Water Protectors Claim Their Rights and Freedoms in North Dakota
Difficulty Level: Easy
3. During the Standing Rock protests, the local, state, and national governments acted on behalf of ______.
a. the protestors, i.e., they protected the Standing Rock nation from violence from the pipeline’s owners
b. the pipeline’s owners, i.e., they effectively acted to undermine the protests so the pipeline could be completed quickly
c. themselves, i.e., they charted an independent course between the protestors and the pipeline’s owners
d. nobody, i.e., they stayed out of the controversy altogether
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Analysis
Answer Location: Standing Rock: Water Protectors Claim Their Rights and Freedoms in North Dakota
Difficulty Level: Medium
4. As they assembled for the Constitutional Convention in spring 1787, a main concern among delegates was to secure the protection of ______.
a. individual rights
b. Southern slaves
c. Northern businesses
d. territorial sea routes
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Established Protections for Americans’ Civil Liberties
Difficulty Level: Easy
5. The Bill of Rights can be found in ______ of the Constitution.
a. the Preamble (introduction)
b. Article One Sections 1–8
c. Article Three Sections 1–6
d. the first ten amendments
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
6. Which of the following groups was most concerned with the lack of a Bill of Rights in the Constitution?
a. federalists
b. antifederalists
c. socialists
d. communists
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
7. Federalist arguments in response to Antifederalist concerns over the Bill of Rights were included in ______ by Alexander Hamilton.
a. Federalist No. 10
b. Federalist No. 11
c. Federalist No. 51
d. Federalist No. 84
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
8. In response to the debate over the Bill of Rights, Alexander Hamilton argued any such Bill of Rights would ______.
a. be dangerous to individual liberty
b. add unnecessary restrictions on government
c. violate the rights of individual states
d. be a threat to national security
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Medium
9. How many amendments were originally proposed for the Bill of Rights?
a. 9
b. 10
c. 11
d. 12
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
10. On what date did the Bill of Rights formally become part of the Constitution?
a. September 16, 1787
b. June 8, 1789
c. December 15, 1791
d. May 2, 1803
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
11. Which amendment in the Bill of Rights deals with the right to own a firearm?
a. 1st
b. 2nd
c. 4th
d. 5th
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
12. The right to just compensation when a person’s private property is taken for public use can be found in which part of the Bill of Rights?
a. 1st Amendment
b. 2nd Amendment
c. 5th Amendment
d. 8th Amendment
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
13. The 6th Amendment is important because of which of the following protections?
a. political speech
b. no unreasonable search and seizure
c. protection from self-incrimination
d. a fair and speedy public trial
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
14. The 9th Amendment arose from which of the following concerns?
a. Any enumerated list of rights in the Bill of Rights might not be complete.
b. Individual rights were already guaranteed by state constitutions.
c. States must be ensured a specific list of enumerated powers.
d. The federal government might exert power it had not been given.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Medium
15. An issue before the Supreme Court dealing with a death penalty case would most probably involve which of the following amendments in the Bill of Rights?
a. 1st
b. 4th
c. 6th
d. 8th
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Application
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Hard
16. Why is selective interpretation “selective”?
a. Congress determines which amendments to interpret.
b. It is carried out piecemeal and overtime.
c. It only applies to three amendments.
d. The president has to select what amendments to interpret.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Medium
17. How did the Bill of Rights, as interpreted in the nineteenth century, apply to state and federal government?
a. It restrained only the powers of the federal government.
b. It restrained only the powers of the states.
c. It restrained both the powers of the states and federal government.
d. It restrained neither the federal government nor the states.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of rights Established Civil Liberties Protections, and Selective Incorporation Applied them to States
Difficulty Level: Medium
18. The foundation for extending protections in the Bill of Rights to state laws and actions are found in ______.
a. the 1st Amendment’s free exercise clause
b. Article IV of the Constitution’s full faith and credit clause
c. the 14th Amendment’s due process clause
d. Article VI of the Constitution’s supremacy clause
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Integration Applied them to the States
Difficulty Level: Medium
19. The piecemeal process through which the Supreme Court has applied the protections included in the Bill of Rights to the states can best be described as ______.
a. collective aggregation
b. selective incorporation
c. executive delegation
d. progressive selection
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Integration Applied them to the States
Difficulty Level: Easy
20. Following the Gitlow case in 1925, the Supreme Court began issuing a series of decisions incorporating most of which amendment to the Constitution to the states?
a. 1st
b. 2nd
c. 4th
d. 5th
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Integration Applied them to the States
Difficulty Level: Easy
21. The most recent amendment in the Bill of Rights to be incorporated to the states was the ______.
a. 1st
b. 2nd
c. 4th
d. 5th
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Integration Applied them to the States
Difficulty Level: Easy
22. The Constitution of the Standing Rock Sioux Tribe includes a Bill of Rights that affirms many of the same fundamental liberties as the American Bill of Rights but unlike the American Bill of Rights, it also orders its government to act positively in the area of ______.
a. judicial protections
b. water rights
c. education
d. religion
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Analysis
Answer Location: The Bill of Rights and Members of Indigenous Nations
Difficulty Level: Easy
23. The case of Everson v. Board of Education (1947) dealt with which of the following issues?
a. the right to prayer in the classroom
b. freedom from religious monuments
c. taxpayer support for religious education
d. the right to conduct private prayer groups
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Tested the Establishment Clause over School Funding for Religious Schools
Difficulty Level: Easy
24. The case of Board of Education v. Allen (1968) dealt with which of the following issues?
a. paying for transportation to private schools with public money
b. establishing mandatory prayer in public schools
c. providing private religious schools with textbooks at taxpayers’ expense
d. prohibiting any religious celebrations, assemblies, or performances
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Tested the Establishment Clause over School Funding for Religious Schools
Difficulty Level: Easy
25. The most important case dealing with prayer in schools was ______.
a. Everson v. Board of Education (1947)
b. Board of Education v. Allen (1968)
c. Lemon v. Kurtzman (1971)
d. Engle v. Vitale (1962)
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Analysis
Answer Location: Courts Have Also Tested the Establishment Clause over Prayer in School
Difficulty Level: Hard
26. In Abington School District v. Schempp, the Supreme Court ruled that ______.
a. there were some permissible forms of taxpayer support for private religious schools
b. a New York public school prayer violated the 1st Amendment’s establishment clause
c. a Pennsylvania school district’s invocation of the Lord’s prayer was unconstitutional
d. students and faculty can pray on non-instructional time
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Also Tested the Establishment Clause over Prayer in School
Difficulty Level: Hard
27. A teacher wishes to sponsor an after-school prayer group during noninstructional time while off duty. What stance does the Supreme Court currently take on this issue?
a. Teachers may participate in religious activities while not in their official capacity and during noninstructional off-duty time.
b. Teachers may not promote any religious organization or practice at any time, including bible study or prayer groups.
c. Teachers may not participate in any religious celebration but may organize and lead bible studies during lunch hours (for which they are paid).
d. Teachers may not, at any time, participate in religious organization or practice while on or off duty, as they are public employees.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Application
Answer Location: Courts Have Also Tested the Establishment Clause over Prayer in School
Difficulty Level: Hard
28. The three-pronged test developed by the Supreme Court in order to determine whether a law or action violates the Establishment Clause is known as which of the following?
a. acid test
b. lemon test
c. neutrality test
d. litmus test
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Addressed the Boundaries of the Establishment of Religion
Difficulty Level: Easy
29. Which of the following cases allowed the Supreme Court to create a tool by which actions under the establishment clause of the Bill of Rights could be measured?
a. Everson v. Board of Education (1947)
b. Board of Education v. Allen (1968)
c. Lemon v. Kurtzman (1971)
d. Engel v. Vitale (1962)
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Comprehension
Answer Location: Courts Have Addressed the Boundaries of the Establishment of Religion
Difficulty Level: Medium
30. In the case of Employment Division v. Smith (1990), the court adopted which of the following tests?
a. acid test
b. lemon test
c. neutrality test
d. litmus test
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Comprehension
Answer Location: Courts Have Addressed the Boundaries of the Freedom of Religious Expression
Difficulty Level: Medium
31. In the neutrality test, which of the following conditions must be met as a condition of restricting religious expression in the course of legitimate state action?
a. It must apply only to one faith.
b. It must not single out a specific faith over nonfaith.
c. It must require a wall of separation between faith and nonfaith.
d. It must apply only to nonfaith, disregarding any faith-based action.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Comprehension
Answer Location: Courts Have Addressed the Boundaries of the Freedom of Religious Expression
Difficulty Level: Medium
32. Those who argued early for the importance of freedom of expression were influenced by which of the following laws?
a. the Anarchy Act
b. the Alien and Sedition Acts
c. the American Patriot Act
d. the Espionage Act
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Early Challenges to Expression: The Alien and Sedition Acts
Difficulty Level: Easy
33. The clear and present danger test is associated with which of the following cases?
a. Lemo v. Kurtzman
b. Abrams v. United States
c. Schenck v. United States
d. Gitlow v. United States
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Attempted to Balance Political Expression against the Needs of National Security
Difficulty Level: Easy
34. A major problem with the clear and present danger test is its ______.
a. subjectivity
b. applicability
c. accountability
d. reliability
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Attempted to Balance Political Expression against the Needs of National Security
Difficulty Level: Easy
35. The modern standard for restrictions on political speech was set in the 1969 case of ______.
a. Brandenburg v. Ohio
b. Mapp v. Ohio
c. Abrams v. United States
d. New York Times v. United States
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Attempted to Balance Political Expression against the Needs of National Security
Difficulty Level: Easy
36. The current test for the restriction of political speech or action is ______.
a. posing a clear and present danger
b. promoting or inciting imminent lawless action
c. threatening the dignity of the political process
d. calling for the overthrow government institutions
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Comprehension
Answer Location: Courts Have Attempted to Balance Political Expression against the Needs of National Security
Difficulty Level: Medium
37. Suppressing an article prior to its publication would best be described as ______.
a. selective incorporation
b. judicial review
c. prior restraint
d. executive privilege
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Weighed Press Freedoms Against National Security
Difficulty Level: Easy
38. The case of New York Times v. United States dealt with the prior restraint of what famous document?
a. the Pentagon Papers
b. WikiLeaks
c. the Snowden files
d. the Watergate transcripts
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Weighed Press Freedoms Against National Security
Difficulty Level: Easy
39. Which of the following statements is factually accurate about the decision in Texas v. Johnson (1989)?
a. The court established a three-pronged test for determining obscenity.
b. The justices found that the restriction on free speech cannot be abridged even for offensive expression like flag burning.
c. The decision upheld the conviction of a man imprisoned for burning a flag at the 1984 Democratic National Convention.
d. It held that schools and other public entities were legally allowable to restrict speech if said speech interfered with its mission.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Symbolic Speech Is Protected as a Form of Political Expression
Difficulty Level: Hard
40. Protected expression in the form of images, signs, etc. would best be described as ______.
a. protected speech
b. symbolic speech
c. dramatic speech
d. objective speech
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Symbolic Speech Is Protected as a Form of Political Expression
Difficulty Level: Easy
41. The case of ______ established a three-pronged test of acceptable restrictions of symbolic speech.
a. United States v. O’Brien
b. Tinker v. Des Moines Independent School District
c. Mapp v. Ohio
d. Morse v. Frederick
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Symbolic Speech Is Protected as a Form of Political Expression
Difficulty Level: Easy
42. Which of the following cases involved a banner that read “Bong Hits 4 Jesus”?
a. Mapp v. Ohio
b. Morse v. Frederick
c. United States v. O’Brien
d. Tinker v. Des Moines ISD
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Symbolic Speech Is Protected as a Form of Political Expression
Difficulty Level: Easy
43. Expression that defames a person’s character in writing or similar published media is called ______.
a. libel
b. slander
c. denigration
d. defamation
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
44. Expression that defames a person’s character in spoken form is called ______.
a. libel
b. slander
c. denigration
d. defamation
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
45. Which of the following is one of the most charged types of hate speech in the United States?
a. public protest
b. cross-burning
c. flag burning
d. displaying a swastika
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
46. Expression of spoken, written, or symbolic speech that is likely to incite violence or disrupt the peace is defined as ______.
a. fighting words
b. hate speech
c. libel
d. slander
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
47. In which of the following cases did the Supreme Court uphold restrictions on obscenity and pornography and establish a working definition of obscenity?
a. Chaplinsky v. State of New York
b. United States v. Flynt
c. Roth v. United States
d. Pope v. Illinois
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
48. The right to peacefully assemble was incorporated in which of the following cases?
a. De Jonge v. Oregon
b. Tinker v. Des Moines ISD
c. Johnson v. Texas
d. Morse v. Frederick
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Freedom of Assembly Is Broadly Protected
Difficulty Level: Easy
49. In which of the following court cases was ownership of certain types of weapons, such as sawed-off shotguns and machine guns, restricted by the Supreme Court?
a. Columbia v. Heller
b. McDonald v. Chicago
c. United States v. Miller
d. Miller v. Texas
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Practicing Political Science: The Second Amendment, “Philosoraptor,” and Internet Memes
Difficulty Level: Easy
50. In which court case was the 2nd Amendment incorporated to the states?
a. Columbia v. Heller
b. McDonald v. Chicago
c. United States v. Miller
d. Miller v. Texas
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Practicing Political Science: The Second Amendment, “Philosoraptor,” and Internet Memes
Difficulty Level: Easy
51. Which of the following is a prohibition on making something illegal and punishable when it was legal prior to the passage of a new law?
a. ex post facto law
b. bill of attainder
c. writ of habeas corpus
d. petition of certiorari
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Constitution Also Protects Individuals Involved with the Criminal Justice System
Difficulty Level: Easy
52. Which of the following is a document that allows the punishment of an individual, including the death sentence, without a trial?
a. writ of habeas corpus
b. ex post facto law
c. petition of certiorari
d. bill of attainder
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Constitution Also Protects Individuals Involved with the Criminal Justice System
Difficulty Level: Easy
53. Which of the following is a statement demanding that authorities in charge of a person’s detention establish reasons for it?
a. bill of attainder
b. petition of certiorari
c. writ of habeas corpus
d. ex post facto law
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Constitution Also Protects Individuals Involved with the Criminal Justice System
Difficulty Level: Easy
54. In which part of the Constitution is the right to demand a writ of habeas corpus enumerated?
a. Article I
b. Article II
c. Article III
d. Article IV
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Constitution Also Protects Individuals Involved with the Criminal Justice System
Difficulty Level: Easy
55. A judicial standard requiring that fairness be applied to all participants equally is described as ______.
a. inferential justice
b. procedural justice
c. incremental justice
d. criminal justice
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Constitution Also Protects Individuals Involved with the Criminal Justice System
Difficulty Level: Easy
56. In which case did the Supreme Court establish a standard for procedures involved in obtaining evdence of a crime?
a. Mapp v. Ohio
b. Georgia v. Randolph
c. Illinois v. Gates
d. Katz v. United States
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Easy
57. A writ issued by a judge authorizing some law enforcement activity is called a ______.
a. petition
b. warrant
c. writ
d. declaration
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Easy
58. Under the decision in Katz v. United States, law enforcement must not only obtain a warrant to conduct a search; they must also prove ______.
a. probable cause
b. chain of custody
c. mens rea
d. corpus delecti
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Easy
59. An officer stops a driver and orders him to open his trunk without probable cause, leading to his arrest. Later, the judge refuses the admission of any evidence obtained from the search. This would most likely be because of the ______ rule.
a. chain of custody
b. provisional
c. exclusionary
d. Miranda
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Application
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Medium
60. The case through which 4th Amendment protections were incorporated to the states was ______.
a. Mapp v. Ohio
b. Georgia v. Randolph
c. Illinois v. Gates
d. Katz v. United States
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Medium
61. The most important way the 5th Amendment provides protections for those accused of crimes is by ______.
a. assuring a speedy trial by a jury of their peers
b. guaranteeing processes and procedures for their defense
c. ensuring fair and reasonable search and seizure of evidence
d. prohibiting excessive bail and cruel/unusual punishment
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Medium
62. The purpose of a grand jury is to ______.
a. hear testimony and determine guilt or innocence
b. hear arguments and fix appropriate punishment
c. determine whether an indictment will be presented
d. review court transcripts and decide on appeals
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Medium
63. The situation in which an individual is tried more than once for the exact same crime is called ______.
a. double jeopardy
b. indictment
c. habeas corpus
d. ex post facto
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Easy
64. Besides protection from double jeopardy and the right to a grand jury in federal cases, perhaps the most sweeping protection of the 5th Amendment is the protection against ______.
a. self-affiliation
b. self-conciliation
c. self-determination
d. self-incrimination
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Easy
65. In which of the following cases did the Supreme Court require a specific warning be read to anyone who is suspected of criminal activity?
a. Gideon v. Wainwright
b. Miranda v. Arizona
c. Mapp v. Ohio
d. Furman v. Georgia
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Easy
66. In which case was the right to counsel for those unable to afford it incorporated to the states?
a. Gideon v. Wainwright
b. Miranda v. Arizona
c. Mapp v. Ohio
d. Furman v. Georgia
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Sixth Amendment Guarantees the Accused Certain Rights to Trials and Representation
Difficulty Level: Easy
67. The right to a speedy trial was incorporated to the states in which year?
a. 1892
b. 1932
c. 1938
d. 1963
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Sixth Amendment Guarantees the Accused Certain Rights to Trials and Representation
Difficulty Level: Easy
68. Recently, the Supreme Court has extended its Gideon v. Wainwright decision by ______.
a. requiring free counsel in both criminal and civil cases
b. allowing those who cannot afford counsel to select their own attorney
c. requiring criminal defendants receive “effective” legal representation not just representation
d. requiring courts to pay legal defense expenses for any defendant regardless of ability to pay
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Sixth Amendment Guarantees the Accused Certain Rights to Trials and Representation
Difficulty Level: Medium
69. An amount of money posted as a security to allow a charged individual to be freed while awaiting trial is called ______.
a. security
b. surety
c. bail
d. insurance
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Eighth Amendment Guards against Cruel and Unusual Punishment
Difficulty Level: Medium
70. The most contentious part of the 8th Amendment today is arguments over ______.
a. excessive bail
b. cruel and unusual punishment
c. unreasonable search and seizure
d. forced self-incrimination
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Eighth Amendment Guards against Cruel and Unusual Punishment
Difficulty Level: Medium
71. The specific law at issue in the case of United States v. Windsor (2013) was ______.
a. the USA Patriot Act
b. the Federal Flag Desecration Act
c. the Defense of Marriage Act
d. the Americans with Disabilities Act
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Defense of Marriage Act Restricted the Rights of Same Sex Couples to Marry
Difficulty Level: Medium
72. Which clause in the Constitution mandates that each state respects and enforces licenses and legal actions of other states?
a. the full faith and credit clause
b. the commerce clause
c. the necessary and proper clause
d. the due process clause
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Analysis
Answer Location: The Defense of Marriage Act Restricted the Rights of Same Sex Couples to Marry
Difficulty Level: Hard
73. What was the outcome of the United States v. Windsor case?
a. It effectively legalized most same-sex marriages.
b. It incorporated the 9th Amendment to most of the states.
c. It struck down a part of the full faith and credit clause.
d. It struck down a part of the Defense of Marriage Act.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Defense of Marriage Act Restricted the Rights of Same Sex Couples to Marry
Difficulty Level: Easy
74. Which amendment was designed to protect rights not specified in the Constitution or the Bill of Rights?
a. 9th
b. 14th
c. 15th
d. 18th
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Comprehension
Answer Location: The Ninth Amendment and Privacy, a Right Not Enumerated
Difficulty Level: Medium
75. The Supreme Court rulings in Lawrence v. Texas (2003) and Roe v. Wade (1973) are similar in that both ______.
a. involved the full faith and credit clause
b. struck down Texas laws
c. focused on the 10th Amendment
d. centered on contraception
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states
REF: Cognitive Domain: Analysis
Answer Location: The Ninth Amendment and Privacy, a Right Not Enumerated
Difficulty Level: Medium
76. Which right not enumerated in the Constitution or Bill of Rights was central to the Windsor case?
a. privacy
b. security
c. self-defense
d. equity
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Ninth Amendment and Privacy, a Right Not Enumerated
Difficulty Level: Easy
77. Which of the following cases involved the right to use contraceptives?
a. United States v. Windsor
b. Griswold v. Connecticut
c. Lawrence v. Texas
d. Roe v. Wade
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Use of Contraceptives
Difficulty Level: Easy
78. Which of the following cases struck down a law banning same-sex sexual conduct?
a. United States v. Windsor
b. Griswold v. Connecticut
c. Lawrence v. Texas
d. Roe v. Wade
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: Sexual Conduct between Consenting Adults
Difficulty Level: Easy
79. Which of the following is the foundational case involving a woman’s right to have an abortion?
a. United States v. Windsor
b. Griswold v. Connecticut
c. Lawrence v. Texas
d. Roe v. Wade
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: A Woman’s Decision to Terminate a Pregnancy
Difficulty Level: Easy
80. The 10th Amendment was created in order to protect ______.
a. federal power
b. states’ rights
c. the rights of the people
d. executive authority
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Comprehension
Answer Location: The Tenth Amendment Was Intended to Protect State Powers
Difficulty Level: Medium
81. Which statement accurately describes the difference between the ruling in Windsor (2013) and the ruling in Obergefell (2015) related to same-sex marriage?
a. Windsor overturned the Defense of Marriage Act in its entirety while Obergefell made same-sex marriage legal nationwide.
b. Windsor made same-sex marriage illegal nationwide but Obergefell overturned that ruling.
c. Windsor required the states to recognize same-sex marriage; Obergefell required the federal government to do so.
d. Windsor applied only to federal recognition of it while Obergefell extended it to the states.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states
REF: Cognitive Domain: Analysis
Answer Location: The Final Blow to DOMA
Difficulty Level: Hard
82. Which of the following cases struck down state bans on same-sex marriage and overturned both parts of the Defense of Marriage Act?
a. Bowers v. Hardwick
b. Romer v. Evans
c. Goodridge v. Department of Public Health
d. Obergfell v. Hodges
Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Final Blow to DOMA
Difficulty Level: Easy
True/False
1. Fundamental rights and freedoms citizens possess and that are protected from unreasonable government are referred to as civil rights.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Knowledge
Answer Location: Introduction
Difficulty Level: Easy
2. The Bill of Rights was included with the original draft of the Constitution in 1787.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
3. The Bill of Rights was originally intended to contain the first 12 amendments to the Constitution
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
4. The main supporters of a federal Bill of Rights were the Federalists.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Easy
5. Alexander Hamilton’s concern for “rights not enumerated” would be addressed in the 9th Amendment to the Constitution.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Medium
6. The primary mechanism used to incorporate the Bill of Rights to the states is the due process clause of the 5th Amendment to the Constitution.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Medium
7. Selective incorporation involves the piecemeal application of individual rights on a case-by-case basis by the Supreme Court over time.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Hard
8. The most recently incorporated rights brought down to the states involved the 3rd Amendment.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Easy
9. Thomas Jefferson’s theory as to how matters of church and state should be addressed was called the “Wall of Separation.”
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Tested the Establishment Clause over School Funding for Religious Schools
Difficulty Level: Easy
10. There is a strict and unambiguous separation of church and state when addressing matters of education.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Comprehension
Answer Location: Courts Have Tested the Establishment Clause over School Funding for Religious Schools
Difficulty Level: Medium
11. According to your author, freedom of religion is often considered the most fundamental affirmation of Americans’ rights and liberties.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: The First Amendment Also Protects Expression: Speech, Press, Assembly, and Petitioning the Government
Difficulty Level: Easy
12. Flag burning is considered hate speech and is therefore illegal in most states.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Symbolic Speech Is Protected as a Form of Political Expression
Difficulty Level: Easy
13. The Supreme Court has upheld restrictions on obscenity and pornography.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
14. If a person is found not guilty in a state court, the person can be tried for a similar crime in federal court and vice versa.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Comprehension
Answer Location: The Fifth Amendment Guarantees the Accused Certain Procedures for Their Defense
Difficulty Level: Easy
15. The Supreme Court has declared the death penalty to be inherently in violation of the 8th Amendment.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Eighth Amendment Guards against Cruel and Unusual Punishment
Difficulty Level: Medium
16. The Supreme Court has found there to be a right to privacy in the Constitution and the Bill of Rights.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Comprehension
Answer Location: The Ninth Amendment and Privacy, a Right Not Enumerated
Difficulty Level: Easy
Short Answer
1. Civil liberties are often called ______ because they restrict the actions of the government.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Comprehension
Answer Location: Introduction
Difficulty Level: Medium
2. The 14th Amendment’s guarantee against any state’s depravation of “life, liberty or property …” is often called the ______ clause.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Easy
3. The Supreme Court’s piecemeal application of the Bill of Rights to the states on a case-by-case basis is called ______.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Easy
4. The first instance of selective incorporation occurred as a result of which 1925 decision?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Knowledge
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Easy
5. The Lemon test is a three-pronged test developed by the Supreme Court over many cases to determine whether a law or action by the federal or state government violates the ______ clause.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Knowledge
Answer Location: Courts Have Addressed the Boundaries of the Establishment of Religion
Difficulty Level: Easy
6. ______ is a fundamental right to speak, publish, and act in the political space affirmed by the 1st Amendment.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: The First Amendment Also Protects Expression: Speech, Press, Assembly, and Petition
Difficulty Level: Easy
7. The 1937 Supreme Court decision in De Jonge v. Oregon centered to the freedom of what?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Comprehension
Answer Location: Freedom of Assembly Is Broadly Protected
Difficulty Level: Medium
8. Expression (spoken, written, or symbolic) that is likely to incite violence or disrupt peace is defined by the Supreme Court as ______.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Easy
9. The Supreme Court case that incorporated the 2nd Amendment right to bear arms to the states was ______.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Knowledge
Answer Location: Practicing Political Science: The Second Amendment, “Philosoraptor,” and Internet Memes
Difficulty Level: Easy
10. The case through which the 4th Amendment’s protections were incorporated to the states was ______.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.5: Summarize the civil liberties that are extended to those accused of crimes in the Bill of Rights
REF: Cognitive Domain: Knowledge
Answer Location: The Fourth Amendment Protects against Unlawful Search, Seizure, Warrants, and Evidence
Difficulty Level: Easy
11. The 2015 case of ______ resulted in the overturning of the Defense of Marriage Act and the legalization of same-sex marriage across the country.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Knowledge
Answer Location: The Final Blow to DOMA
Difficulty Level: Easy
Essay
1. Briefly explain why the precise definition of and the degree of civil liberties have been one of the longest-running struggles in American history.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Analysis
Answer Location: Introduction
Difficulty Level: Medium
2. Describe the issues, tensions, and events brought forth in North Dakota as a result of the Energy Transfer Partners pipeline, especially as they relate to civil liberties.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.1: Define civil liberties and understand the key role that they play in American political life
REF: Cognitive Domain: Knowledge
Answer Location: Standing Rock: Water Protectors Claim Their Rights and Freedoms in North Dakota
Difficulty Level: Hard
3. Discuss the debate and essential compromises made between Federalists and Antifederalists over the inclusion of a Bill of Rights in the Constitution.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated.
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Takes Center Stage in the Ratification Debates
Difficulty Level: Medium
4. Discuss the role of the 14th Amendment in incorporating individual rights to the states.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.2: Describe the civil liberties outlined in the Constitution, the amendments to it, and the process by which they were incorporated
REF: Cognitive Domain: Comprehension
Answer Location: The Bill of Rights Established Civil Liberties Protections, and Selective Incorporation Applied them to the States
Difficulty Level: Medium
5. Discuss the role of the establishment and free exercise clauses of the 1st Amendment as they pertain to religion and public entities such as schools and government offices. What specific tests and protections has the Supreme Court put into place in order to maintain a “wall of separation”? Provide case law where appropriate in your answer.
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.3: Explain the 1st Amendment protections granted to religion.
REF: Cognitive Domain: Analysis
Answer Location: The Establishment and Free Exercise Clauses Ensure Separation of Church and State
Difficulty Level: Hard
6. In what way(s) is the clear and present danger test for political speech valid today? How can it be applied in a post-9/11 age with increasing access to high-tech communication devices?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Application and Analysis
Answer Location: Courts Have Attempted to Balance Political Expression against the Needs of National Security
Difficulty Level: Hard
7. How has the emergence of the Internet in the 1990s complicated legal definitions of obscenity?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Analysis
Answer Location: Other Forms of Expression Have More Limited Protection
Difficulty Level: Hard
8. Discuss the cases that led to the incorporation of the 2nd Amendment to the states. Given our ongoing history of gun violence, what is your opinion of these decisions and their implication on today’s society?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.4: Outline the 1st Amendment protections concerning freedom of expression.
REF: Cognitive Domain: Analysis
Answer Location: Practicing Political Science: The Second Amendment, “Philosoraptor,” and Internet Memes
Difficulty Level: Hard
9. How do the 9th and 10th Amendments differ from the previous eight? Why were they included in the Bill of Rights? What importance do they have today?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the Ninth and Tenth Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Analysis
Answer Location: The Ninth and Tenth Amendments Help Shape Freedoms in the Nation and Across the States
Difficulty Level: Medium
10. What are the implications of the Supreme Court’s decisions in United States v. Windsor and Obergfell v. Hodges?
TOP: Learning Outcome: Articulate the foundations of American government, including its history, critical concepts, and important documents and achievements.
KEY: Learning Objective: 4.6: Understand the role that the 9th and 10th Amendments play in shaping the protection of freedoms in the nation and across the states.
REF: Cognitive Domain: Analysis
Answer Location: The Final Blow to DOMA
Difficulty Level: Hard
Document Information
Connected Book
Complete Test Bank | American Gov Stories of a Nation 2e
By Scott F. Abernathy
Explore recommendations drawn directly from what you're reading
Chapter 2 The Constitution Of The United States
DOCX Ch. 2
Chapter 3 Federalism – Nation Vs States
DOCX Ch. 3
Chapter 4 Civil Liberties Building And Defending Fences
DOCX Ch. 4 Current
Chapter 5 Civil Rights How Equal Is Equal?
DOCX Ch. 5
Chapter 6 Political Participation Carry That Weight
DOCX Ch. 6