Government Chapters 4-5

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Questions and Answers
  • 1. 

    Civil liberties are legal and constitutional protections against...

    • A.

      Private enterprise

    • B.

      Criminals

    • C.

      Foreign invasions

    • D.

      Tyranny

    • E.

      Governments

    Correct Answer
    E. Governments
  • 2. 

    The ________ is the financial interpreter of the content and scope of Americans' civil liberties.

    • A.

      Supreme Court

    • B.

      Congress

    • C.

      Constitution

    • D.

      President

    • E.

      American Civil Liberties Union

    Correct Answer
    A. Supreme Court
  • 3. 

    The great freedoms of speech, press, religion, and assembly are contained in the...

    • A.

      Second Amendment

    • B.

      First Amendment

    • C.

      First, Second, Third, and Fourth Amendments

    • D.

      Third Amendment

    • E.

      Fourth Amendment

    Correct Answer
    B. First Amendment
  • 4. 

    The language of the First Amendment, "Congress shall make no law," suggests that...

    • A.

      The bill of rights was written to restrict powers of the national government

    • B.

      The bill of Rights was written to restrict the powers of state governments

    • C.

      The bill of rights, as written, did not apply to the state governments

    • D.

      A and C

    • E.

      A and B

    Correct Answer
    D. A and C
  • 5. 

    In the case of _________, the supreme court ruled that the Bill of Rights restrained only the national government, not states and cities.

    • A.

      New York v. The US

    • B.

      Miranda v. Arizona

    • C.

      Gitlow v. New York

    • D.

      Barron v. Baltimore

    • E.

      Engel v. Vitale

    Correct Answer
    D. Barron v. Baltimore
  • 6. 

    The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to prevent...  

    • A.

      Both the national and state governments from violating civil rights

    • B.

      The United States government from granting titles of royalty

    • C.

      Only the national government from abridging civil liberties

    • D.

      Cities from taking private property without due process

    • E.

      The states from infringing on individual rights

    Correct Answer
    B. The United States government from granting titles of royalty
  • 7. 

    In Gitlow v. New York (1925), the Court ruled that freedoms of speech and press were liberties protected by the _________ clause of the Fourteenth Amendment.

    • A.

      Necessary and proper

    • B.

      Commerce

    • C.

      Due process

    • D.

      Free press

    • E.

      Interstate commerce

    Correct Answer
    C. Due process
  • 8. 

    The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the...

    • A.

      Due process doctrine.

    • B.

      Enumerated powers doctrine.

    • C.

      Incorporation doctrine.

    • D.

      Implied powers doctrine.

    • E.

      Disincorporation doctrine.

    Correct Answer
    C. Incorporation doctrine.
  • 9. 

    The abridgment of citizens' freedom to worship, or not to worship, as they please is prohibited by the

    • A.

      Freedom of religion.

    • B.

      Due process clause.

    • C.

      Free exercise clause.

    • D.

      Establishment clause.

    • E.

      Second Amendment.

    Correct Answer
    A. Freedom of religion.
  • 10. 

     The establishment of a national or official religion is prohibited by the

    • A.

      Second Amendment.

    • B.

      Due process clause.

    • C.

      Free exercise clause.

    • D.

      Establishment clause.

    • E.

      Freedom of religion.

    Correct Answer
    D. Establishment clause.
  • 11. 

    In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT

    • A.

      Inhibit religion.

    • B.

      Not advance religion.

    • C.

      Not create excessive government entanglement with religion.

    • D.

      Treat all religions equally.

    • E.

      Have a secular purpose.

    Correct Answer
    A. Inhibit religion.
  • 12. 

    The Supreme Court has ruled that government aid to church-related schools...

    • A.

      Is acceptable for things such as field trips and teacher salaries, but not for textbooks or transportation to school.

    • B.

      Does not constitute and establishment of religion.

    • C.

      Is permitted when the aid is for a nonreligious purpose.

    • D.

      Violates the establishment clause.

    • E.

      Is acceptable if the school is affiliated with a major religion but not for small, fringe religious sects.

    Correct Answer
    C. Is permitted when the aid is for a nonreligious purpose.
  • 13. 

    In the Engel v. Vitale case of 1962, the Supreme Court ruled that _________ was (were) unconstitutional.

    • A.

      Segregation

    • B.

      Prior restraint

    • C.

      Police search or seizure without an authorized warrant

    • D.

      The Connecticut statute barring the distribution of birth control information

    • E.

      Prayers done as classroom exercises in public schools

    Correct Answer
    E. Prayers done as classroom exercises in public schools
  • 14. 

    During the 1980's, the Supreme Court ________ the displaying of Christmas nativity scenes and Hanukkah menorahs on public propery.

    • A.

      First permitted then prohibited

    • B.

      Encouraged

    • C.

      Declared unconstitutional

    • D.

      Refused to hear cases challenging

    • E.

      Upheld the constitutionality of

    Correct Answer
    C. Declared unconstitutional
  • 15. 

    In its Near v. Minnesota decision of 1931, the Supreme Court ruled that 

    • A.

      A CIA agent could not publish a personal memoir without clearing it through the agency.

    • B.

      States had the power to use prior restraint broadly, but national government did not.

    • C.

      A school newspaper was not a public forum and could be regulated "in and reasonable manner" by school officials.

    • D.

      The state government could not use prior restraint to shut down an outspoken newspaper.

    • E.

      States were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly.

    Correct Answer
    D. The state government could not use prior restraint to shut down an outspoken newspaper.
  • 16. 

    A shield law....

    • A.

      Prevents the courts from closing criminal trials to the press.

    • B.

      Gives reporters the right to withhold information in the courts.

    • C.

      Gives judges the right to issue a gag order.

    • D.

      Protects certain religious practices not covered by Supreme Court rulings.

    • E.

      Prevents reporters from disclosing secret government information.

    Correct Answer
    B. Gives reporters the right to withhold information in the courts.
  • 17. 

    In Roth v. United States, the Supreme Court held that...

    • A.

      The government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion.

    • B.

      Outdoor drive-ins could not be barred from showing a film that included nudity.

    • C.

      The possession of child pornography was not covered by any right to free speech or press, and could be made a crime.

    • D.

      The film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit scenes, could not be banned.

    • E.

      Obscenity is not within the area of constitutionally protected free speech.

    Correct Answer
    E. Obscenity is not within the area of constitutionally protected free speech.
  • 18. 

    In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that...

    • A.

      The Pentagon papers could be legally published despite the government's desire to keep the material a secret.

    • B.

      Government officials cannot sue newspapers for libel since this would entail prior restraint of the press.

    • C.

      Statements made about political figures, however malicious, cannot be deemed libelous.

    • D.

      The publication of the Pentagon papers could be legally barred as a matter of national security.

    • E.

      Statements made about political figures are libelous only if made with malice and reckless disregard for the truth.

    Correct Answer
    E. Statements made about political figures are libelous only if made with malice and reckless disregard for the truth.
  • 19. 

    The publication of statements known to be false that are malicious and tend to damage a person's reputation is called...

    • A.

      Symbolic speech.

    • B.

      Libel.

    • C.

      Obscenity.

    • D.

      Fraud.

    • E.

      Slander.

    Correct Answer
    B. Libel.
  • 20. 

    Advertising is considered a form of _________, and, according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech.

    • A.

      Imaged expression

    • B.

      Propaganda

    • C.

      Paid speech

    • D.

      Symbolic speech

    • E.

      Commercial speech

    Correct Answer
    E. Commercial speech
  • 21. 

    Obtaining evidence in a haphazard or random manner, in violation of the Fourteenth Amendment, is known as...

    • A.

      Cruel and unusual punishment.

    • B.

      Bounty hunting.

    • C.

      An Ariel search.

    • D.

      Unreasonable search and seizure.

    • E.

      A violation of privacy.

    Correct Answer
    D. Unreasonable search and seizure.
  • 22. 

    In the case of _________, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule.

    • A.

      Gideon v. Wainwright

    • B.

      Mapp v. Ohio

    • C.

      United States v. New York

    • D.

      Roth v. United States

    • E.

      Miranda v. Arizona

    Correct Answer
    B. Mapp v. Ohio
  • 23. 

    The _________ Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be a witness against himself."

    • A.

      Twenty-Sixth

    • B.

      Fifth

    • C.

      First

    • D.

      Fourth

    • E.

      Ninth

    Correct Answer
    B. Fifth
  • 24. 

    In the case of Miranda v. Arizona, the Supreme Court ruled that...

    • A.

      Defendants in all felony cases have a right to counsel, even if the state has to provide such legal assistance.

    • B.

      Illegally obtained evidence cannot be used at trial.

    • C.

      Police must inform any suspect of a series of rights, including the constitutional right to remain silent.

    • D.

      The death penalty could be imposed for the most extreme of crimes.

    • E.

      The police must show probable cause before making an arrest.

    Correct Answer
    C. Police must inform any suspect of a series of rights, including the constitutional right to remain silent.
  • 25. 

    The Supreme Court case of Gideon v. Wainwright...

    • A.

      Set guidelines for police questioning of suspects.

    • B.

      Prohibited government officials from using gag orders to the media.

    • C.

      Ruled that illegally obtained evidence cannot be used in court.

    • D.

      Gave only those accused of capitol crimes the right to counsel.

    • E.

      Extended the right to counsel to everyone accused of a felony.

    Correct Answer
    E. Extended the right to counsel to everyone accused of a felony.
  • 26. 

    Cruel and unusual punishment is forbidden by the...

    • A.

      Fifth amendment.

    • B.

      Eighth amendment.

    • C.

      Exclusionary clause.

    • D.

      Sixth amendment.

    • E.

      Self-incrimination clause.

    Correct Answer
    B. Eighth amendment.
  • 27. 

    Gregg v. Georgia (1976) is significant in that it...

    • A.

      Settled once and for all the debate over whether the death penalty constitutes cruel and unusual punishment.

    • B.

      Was the first time the court found a state's death penalty practices (in this case, the state of Georgia) to be freakish and random.

    • C.

      Marks the Supreme Court's ruling that the death penalty is unconstitutional, even though it is an extreme sanction for the most significant of crimes.

    • D.

      A and C

    • E.

      B and C

    Correct Answer
    C. Marks the Supreme Court's ruling that the death penalty is unconstitutional, even though it is an extreme sanction for the most significant of crimes.
  • 28. 

    In Griswold v. Connecticut (1965), the Supreme Court...

    • A.

      Ruled that various portions of the Bill of Rights cast "penumbras" protecting a right to privacy, including the right to family planning.

    • B.

      Overturned a Connecticut state law banning the use of contraceptives.

    • C.

      Held that abortion was a woman's legal right.

    • D.

      A and B

    • E.

      B and C

    Correct Answer
    D. A and B
  • 29. 

    In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy...

    • A.

      States cannot ban abortion unless the mother's life is in danger.

    • B.

      The federal government, but not the states, is prohibited from funding abortions for poor women.

    • C.

      States are prohibited from funding the abortions of poor women.

    • D.

      States cannot ban abortion.

    • E.

      States can ban abortion except when the mother's health is in danger.

    Correct Answer
    E. States can ban abortion except when the mother's health is in danger.
  • 30. 

    In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion...

    • A.

      Funding by any level of the government was unconstitutional.

    • B.

      Must be funded by state governments when the mother cannot afford it, or it would be a violation of the equal protection clause.

    • C.

      Restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions.

    • D.

      Could be completely outlawed by individual states.

    • E.

      Was a fundamental right, and any restrictions on such a right had to be judged by a "strict scrutiny."

    Correct Answer
    C. Restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions.
  • 31. 

    The Supreme Court upheld a program that provided some families in Cleveland, Ohio, vouchers that could be used to pay tuition at religious schools in...

    • A.

      Gitlow v. New York

    • B.

      Zelman v. Simmon-Harris

    • C.

      Engel v. Vitale

    • D.

      Griswold v. Connecticut

    • E.

      Lemon v. Kurtzman

    Correct Answer
    B. Zelman v. Simmon-Harris
  • 32. 

    What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible?

    • A.

      Arguably discriminatory, reasonable analysis, and negligent.

    • B.

      Negligent, arguably discriminatory, and reasonable.

    • C.

      Reasonable, inherently suspect, and grossly discriminatory.

    • D.

      Reasonable, inherently suspect, and the intermediate standard.

    • E.

      Suspect, inherently suspect, and the intermediate standard.

    Correct Answer
    D. Reasonable, inherently suspect, and the intermediate standard.
  • 33. 

    Equal protection of the laws...

    • A.

      Is guaranteed in the original Constitution.

    • B.

      Does not deny states treating classes of citizens differently if the classification is reasonable.

    • C.

      Means that laws cannot establish different standards for the treatment of different groups.

    • D.

      Means that states have to make their laws promote equality among persons.

    • E.

      Provides rigid standard for constitutional interpretation.

    Correct Answer
    B. Does not deny states treating classes of citizens differently if the classification is reasonable.
  • 34. 

    Classification based on gender have been ruled to be ________ by the decisions of the Court in the past several years.

    • A.

      Strictly unconstitutional

    • B.

      Sexist

    • C.

      Somewhere between inherently suspect and reasonable.

    • D.

      Inherently suspect.

    • E.

      Reasonable.

    Correct Answer
    C. Somewhere between inherently suspect and reasonable.
  • 35. 

    The __________ Amendment outlawed slavery in the United States.

    • A.

      Thirteenth

    • B.

      First

    • C.

      Tenth

    • D.

      Nineteenth

    • E.

      Equal Rights

    Correct Answer
    A. Thirteenth
  • 36. 

    In the case of Plessy v. Ferguson....

    • A.

      The principle of "separate but equal" was overturned.

    • B.

      The principle of "separate but equal" was used to justify segregation.

    • C.

      United State citizenship and all rights that go with it were granted to former slaves.

    • D.

      School busing was allowed to remedy racial segregation.

    • E.

      Housing discrimination was forbidden.

    Correct Answer
    B. The principle of "separate but equal" was used to justify segregation.
  • 37. 

    Jim Crow laws were those that....

    • A.

      Were enacted by Southern Whites in the late nineteenth century to segregate African Americans from Whites.

    • B.

      Sought to end segregation and bring the races into closer contact with one another.

    • C.

      Established slavery and contract law regulating the slave trade.

    • D.

      The North enforced in the South in the Reconstruction era following the Civil War, granting rights to former slaves.

    • E.

      Justified slavery and set codes for slaves' behavior.

    Correct Answer
    A. Were enacted by Southern Whites in the late nineteenth century to segregate African Americans from Whites.
  • 38. 

    In Brown v. Board of Education (1954), the Supreme Court...

    • A.

      Enunciated the principle of separate but equal.

    • B.

      Ordered the Topeka school district to spend more money on black schools.

    • C.

      Ruled that school segregation was inherently unequal.

    • D.

      Enunciated the principle of equal but separate.

    • E.

      Justified slavery and set codes for slave's behavior.

    Correct Answer
    C. Ruled that school segregation was inherently unequal.
  • 39. 

    De jure educational segregation occur....

    • A.

      By the reality of neighborhood schools located in areas that happen to be racially segregated.

    • B.

      From day-to-day depending on changing enrollments at a particular school.

    • C.

      By law.

    • D.

      By constitutional amendment.

    • E.

      By forced school busing to integrate the races.

    Correct Answer
    C. By law.
  • 40. 

    After Brown v. Board of Education (1954), school integration in the South,

    • A.

      Was unaffected by the decision.

    • B.

      Proceeded very slowly.

    • C.

      Never changed.

    • D.

      Ended abruptly.

    • E.

      Was completed within three years.

    Correct Answer
    B. Proceeded very slowly.
  • 41. 

    In 1964, Congress prohibited federal aid to schools that remained segregated in the...

    • A.

      No Child Left Behind Act

    • B.

      Equality of Education Act

    • C.

      Equal Opportunity Act

    • D.

      National Education Act

    • E.

      Civil Rights Act

    Correct Answer
    E. Civil Rights Act
  • 42. 

    The agency created by the 1964 Civil Rights Act and charged with monitoring and enforcing protections against job discrimination is the...

    • A.

      Federal Trade Commission

    • B.

      National Bar Association

    • C.

      Equal Employment Opportunity Commission

    • D.

      Voting Rights Commission

    • E.

      Federal Communication Commission

    Correct Answer
    D. Voting Rights Commission
  • 43. 

    Suffrage Refers to...

    • A.

      The practice of de facto slavery rather than de jure slavery.

    • B.

      The practice of shackling slaves working in fields so they could not run away.

    • C.

      The hardships endured to obtain civil rights for African Americans and equal rights for women.

    • D.

      The legal right to vote.

    • E.

      The legal segregation of the races or of men and women in hotels, motels, restaurants, and other public places.

    Correct Answer
    D. The legal right to vote.
  • 44. 

    The Twenty-Fourth Amendment, ratified in 1964,

    • A.

      Prohibited the use of poll taxes in federal elections.

    • B.

      Outlawed the use of literacy tests in order to register to vote.

    • C.

      Granted Negroes the right to vote.

    • D.

      Outlawed the grandfather clause and the White primary.

    • E.

      Prohibited discrimination in employment or public accommodations based on race.

    Correct Answer
    A. Prohibited the use of poll taxes in federal elections.
  • 45. 

    Which of the following statements about Native Americans is FALSE?

    • A.

      Native Americans were made citizens of the United States long before African Americans received the same status.

    • B.

      Native Americans are the poorest minority group in the United States.

    • C.

      Native Americans are guaranteed access to the polls, housing, and to jobs.

    • D.

      Native Americans are the oldest minority group in the United States.

    • E.

      The Indian Claims Act of 1946 established a means to settle financial disputes arising from lands taken from the Native Americans.

    Correct Answer
    A. Native Americans were made citizens of the United States long before African Americans received the same status.
  • 46. 

    In the case of Korematsu v. United States, the Supreme Court...

    • A.

      Upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during World War II.

    • B.

      Ruled that restrictions on Japanese ownership of land in the United States were unconstitutional.

    • C.

      Ruled that the removal of Japanese Americans from the west coast and their placement in internment camps during World War II was barbaric and unconstitutional.

    • D.

      Upheld the constitutionality of the United States atomic bombing of Hiroshima and Nagasaki.

    • E.

      Ruled just prior to World War II that Japanese Americans living in the United States had to be repatriated to Japan.

    Correct Answer
    A. Upheld the constitutionality of the removal of Japanese Americans from the west coast and their placement in internment camps during World War II.
  • 47. 

    The women's rights movement was famously launched with the signing of...

    • A.

      Seneca Falls Declaration.

    • B.

      Equal Rights Amendment.

    • C.

      Declaration of Independence.

    • D.

      Emancipation Proclamation.

    • E.

      Feminist Manifesto.

    Correct Answer
    A. Seneca Falls Declaration.
  • 48. 

    In _________, the Supreme Court ruled that any arbitrary sex-based classification violated the equal protection clause.

    • A.

      Dred Scott v. Sandford

    • B.

      Swann v. Charlotte-Mecklenberg County Schools

    • C.

      Reed v. Reed

    • D.

      Roe v. Wade

    • E.

      Regents of the University of California v. Bakke

    Correct Answer
    C. Reed v. Reed
  • 49. 

    In the case of Craig v. Boren, the Supreme Court ruled that...

    • A.

      Sex classifications would be treated by the Court as inherently suspect.

    • B.

      All sex classifications were unconstitutional.

    • C.

      Sex classifications would be treated by the Court as valid.

    • D.

      Racial classifications were constitutional if they have a compelling, legitimate, and rational purpose.

    • E.

      It would employ a "medium scrutiny" standard: sex discrimination would be treated as neither valid nor invalid.

    Correct Answer
    E. It would employ a "medium scrutiny" standard: sex discrimination would be treated as neither valid nor invalid.
  • 50. 

    Title IX of the Education Act of 1972....

    • A.

      Allows gender discrimination in education if it can be demonstrated to be an "educational necessity."

    • B.

      Forbids gender discrimination in federally subsidized education programs, including athletics.

    • C.

      Requires public school institutions to demonstrate equal average scores among male and female students on standardized tests.

    • D.

      Requires gender parity in public school enrollments.

    • E.

      Prohibits single-sex educational institutions and schools.

    Correct Answer
    B. Forbids gender discrimination in federally subsidized education programs, including athletics.

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  • Jan 29, 2013
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