Test Bank For American Government Brief Version 11th Edition by James Q. Wilson

CHAPTER 3: Civil Liberties MULTIPLE CHOICE 1. The amendment that is probably the most important in terms of having the Bill of Rights apply to the states is the a. Tenth Amendment. b. Twelfth Amendment. c. Fourteenth Amendment. d. Twentieth Amendment. e. Twenty-second Amendment. ANS: C REF: 39 NOT: Factual 2. The Fourteenth Amendment provides for a. equal protection only. b. due process and equal protection. c. states’ rights. d. due process only. e. habeas corpus and the elimination of ex post facto laws. ANS: B REF: 40 NOT: Factual 3. The process of incorporation means that a. private individuals are not required to obey the Bill of Rights. b. some provisions of the Bill of Rights also govern the states. c. the southern states were absorbed back into the Union after the Civil War. d. the provisions of the Bill of Rights apply to the federal government but not to the states. e. the original amendments to the Constitution are applicable to state governments and all others to the federal government. ANS: B REF: 40 NOT: Conceptual 4. In general, all of the rights in the Bill of Rights now apply to the states, except for the a. First and Second Amendments. b. Second and Fourth Amendments. c. Third and Fifth Amendments. d. Third and Fourth Amendments. e. Fourth and Fifth Amendments. ANS: C REF: 40 NOT: Factual 5. In 2010, the Supreme Court ruled that the Second Amendment means one has a “right” to _________ for self-protection. a. “conceal and carry” b. keep a handgun c. refuse to register weapons d. purchase high caliber fully automatic weaponry e. None of the above is true. ANS: B REF: 40 NOT: Factual 6. The fact that Americans go to court to sue one another indicates that a. the Constitution is a flawed document that does not protect enough rights. b. a second civil war could easily occur in the United States over racial issues. c. the people do not trust the national government to treat them fairly. d. rights are in conflict. e. power is more centralized in presidential systems. ANS: D REF: 41 NOT: Conceptual 7. In the 1950s, the State of New York banned a film that dealt with the topic of a. adultery. b. drugs. c. homosexuality. d. murder. e. kidnapping. ANS: A REF: 41 NOT: Factual 8. Which of the following has the Supreme Court considered to be “speech” deserving constitutional protection? a. Burning draft registration certificates b. Nude dancing c. Burning the American flag d. Sleeping overnight in national parks e. Both options B and C are true. ANS: E REF: 41 NOT: Factual 9. The ban on unreasonable searches and seizures can be found in the a. First Amendment. b. Second Amendment. c. Fourth Amendment. d. Fifth Amendment. e. Tenth Amendment. ANS: C REF: 42 NOT: Factual 10. The ban on double jeopardy can be found in the a. First Amendment. b. Second Amendment. c. Fourth Amendment. d. Fifth Amendment. e. Tenth Amendment. ANS: D REF: 42 NOT: Factual 11. A bill of attainder a. declares a person innocent, without trial, or a crime. b. pardons a person of an offense before trial. c. removes any all records of a criminal offense. d. declares a person, without trial, guilty of a crime. e. None of the above is true. ANS: D REF: 42 NOT: Factual 12. An ex post facto law declares an act “illegal” a. before the fact. b. after the fact. c. without reference to facts. d. if the facts are merely circumstantial. e. if the facts are compelling and without contradiction. ANS: B REF: 42 NOT: Factual 13. The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the Constitution. This is known as the doctrine of a. prior restraint. b. inevitable discovery. c. neutrality and clarity. d. least means. e. preferred position. ANS: E REF: 42 NOT: Conceptual 14. All the following are addressed in the First Amendment except a. free exercise of religion. b. due process of law. c. establishment of religion. d. freedom of assembly. e. freedom of the press. ANS: B REF: 42 NOT: Factual 15. In free expression, neutrality refers to which of the following? a. The utterance of inflammatory, dangerous statements b. The absolute nature and unconditional status of speech c. The restriction of press coverage d. The government not favoring one group over another e. Political speech not being symbolic ANS: D REF: 43 NOT: Conceptual 16. The Supreme Court’s landmark decision in New York Times v. Sullivan focused on a. fundamental liberties. b. clear and present danger. c. libel. d. obscenity. e. flag burning. ANS: C REF: 43 NOT: Factual 17. The Supreme Court’s landmark decision in Miller v. California focused on a. fundamental liberties. b. clear and present danger. c. libel. d. obscenity. e. flag burning. ANS: D REF: 43 NOT: Factual 18. The Supreme Court’s landmark decision in Texas v. Johnson focused on a. fundamental liberties. b. clear and present danger. c. libel. d. obscenity. e. flag burning. ANS: E REF: 43 NOT: Factual 19. In general, you may make false and defamatory statements about public officials so long as you lack a. actual malice. b. presumed competence. c. provocative motivation. d. venal motivation. e. exceptional motive. ANS: A REF: 43 NOT: Conceptual 20. The reason that symbolic speech does not have the same protection as actual speech is that a. the First Amendment allows restrictions on speech when it harms society. b. the First Amendment does not mention such speech. c. symbols cannot convey political or social messages. d. symbols do not require use of the spoken word, as required by the First Amendment. e. any illegal action could be excused as meaning to send a message. ANS: E REF: 44 NOT: Conceptual 21. In the Des Moines “student-black-armband” case, the Supreme Court ruled that the wearing of the armbands was a. a form of protected speech. b. clearly unconstitutional. c. illegal when deemed so by local school authorities. d. proper for citizens over age twenty-one, but not for students. e. proper for citizens on private property. ANS: A REF: 44 NOT: Factual 22. One reason the Nazi Party was allowed to parade through Skokie, Illinois, is that a. the group held an elderly man hostage and threatened to murder him. b. a political party is always free to march. c. the provocation of the march was neither severe nor person-to-person. d. the Nazis had promised to parade in a nonviolent fashion. e. freedom of speech is absolute in the United States. ANS: C REF: 44 NOT: Factual 23. Which Supreme Court justice took the unusual position that the First Amendment protected all publications, even wholly obscene ones? a. Hugo Black b. William Rehnquist c. John Marshall d. Potter Stewart e. Clarence Thomas ANS: A REF: 44 | 45 NOT: Factual 24. Which Supreme Court justice famously stated that he could not define obscenity with exceptional rigor, but insisted that he knew it when he saw it? a. Hugo Black b. William Rehnquist c. John Marshall d. Potter Stewart e. Clarence Thomas ANS: D REF: 44 | 45 NOT: Factual 25. Under the current standard, the Supreme Court insists that obscenity convictions be based on contemporary __________ standards. a. religious b. regional c. statewide d. national e. community ANS: E REF: 45 NOT: Factual 26. Passage of the Communications Indecency Act resulted in the Supreme Court expanding the protection of free speech to a. radio broadcasting. b. the Internet. c. cable television broadcasting. d. cross national telegrams. e. satellite broadcasting. ANS: B REF: 45 NOT: Factual 27. The Supreme Court has upheld zoning ordinances that prohibited “adult” movie theaters near a. churches. b. schools. c. parks. d. residential areas. e. All of the above are true. ANS: E REF: 45 NOT: Factual 28. Which one of the following sorts of speech is protected by the Constitution? a. Libel b. Advocacy of an illegal act that is in imminent danger of being committed c. Publication of indecent material d. The use of fighting words that are highly provocative and personal e. Incitement ANS: C REF: 45 NOT: Factual 29. In 2010 the Supreme Court ruled that an advertisement by a corporation, labor union, or nonprofit organization that backed or opposed a candidate a. could not be run at any time during an election period. b. could be run up to 30 days before an election. c. could be run at any time. d. could be run up to 60 days before an election. e. could be run if approved by a non-partisan committee. ANS: C REF: 46 NOT: Factual 30. The text suggests that “an overwhelming majority” of Americans support freedom of speech a. in concrete cases. b. in the abstract. c. during a time of war. d. during times of international crises. e. for unpopular groups who speak out in their communities. ANS: B REF: 46 NOT: Conceptual 31. A state cannot apply a license fee on a Jehovah’s Witnesses who goes door to door with religious materials. This is in keeping with the a. free exercise clause of the First Amendment. b. “wall of separation” called for by Thomas Jefferson. c. establishment clause of the First Amendment. d. three-part test for constitutional aid to religious organizations. e. the Supreme Court’s interpretation of the Fourteenth Amendment. ANS: A REF: 47 NOT: Conceptual 32. Under the free exercise clause, a man a. can have more than one wife if his religion encourages it. b. cannot have more than one wife even if his religion encourages it. c. can have more than one wife if he is able and willing to support both of them. d. can have more than one wife if he lives within his church compound. e. can have more than one wife if all the wives agree and are of the same religion. ANS: B REF: 47 NOT: Factual 33. The draft laws a. have always exempted conscientious objectors from military duty. b. exempt conscientious objectors only if they believe in a Supreme Being. c. exempt conscientious objectors only if they belong to a religious tradition. d. did not exempt conscientious objectors during WWI and WWII. e. exempted conscientious objectors during the Vietnam War. ANS: A REF: 47 NOT: Factual 34. The historical source for the metaphor of a “wall of separation” between religion and the state is a. the Bill of Rights. b. debates in the First Congress. c. the first meeting of the Continental Congress. d. twentieth-century Supreme Court decisions. e. the writings of Thomas Jefferson. ANS: E REF: 48 NOT: Factual 35. In many countries that have state-supported churches, attendance a. is strongly encouraged by the government. b. requires mandatory contributions. c. is mandatory. d. is higher than the United States. e. is lower than in the United States. ANS: E REF: 48 NOT: Factual 36. The Supreme Court’s first interpretation of the establishment clause did not occur until the a. 1840s. b. 1870s. c. 1890s. d. 1920s. e. 1940s. ANS: E REF: 48 NOT: Factual 37. In a 1947 decision, the Supreme Court allowed a New Jersey town to fund busing to a parochial school because a. no alternative form of transportation existed. b. enrollment at that school was open to all. c. the resulting tax burden on the average citizen was negligible. d. busing was religiously neutral. e. students were only being taken home from the school. ANS: D REF: 49 NOT: Factual 38. Which classic case involved prayer in public schools? a. Everson v. Board of Education b. Zorach v. Clauson c. Engel v. Vitale d. Lemon v. Kurtzman e. Zelman v. Simmons-Harris ANS: C REF: 49 NOT: Factual 39. Which case addressed the issue of school vouchers? a. Everson v. Board of Education b. Zorach v. Clauson c. Engel v. Vitale d. Lemon v. Kurtzman e. Zelman v. Simmons-Harris ANS: E REF: 49 NOT: Factual 40. Under its current First Amendment jurisprudence, the Court will allow a. aid for construction of buildings on denominational campuses. b. government loans of textbooks to parochial schools. c. tax deduction of tuition payments. d. tax exempt status for parochial schools. e. All of the above are true. ANS: E REF: 50 NOT: Factual 41. In 1989 Pittsburgh was allowed to display a menorah in the front of a county courthouse because it sat next to a. a nativity scene. b. a crèche. c. a Christmas tree. d. a dancing bear. e. Santa Clause. ANS: C REF: 51 NOT: Factual 42. Since the First Congress in 1789, the House and the Senate have opened each session with a. a prayer. b. a Bible reading. c. a brief sermon. d. a hymn. e. a reading of religiously inspired poetry. ANS: A REF: 51 NOT: Factual 43. Most nations deal with the problem of illegally obtained evidence by a. not allowing it to be presented in court. b. allowing only conclusions drawn from it to be presented in court. c. dismissing the officers involved in obtaining it. d. letting the evidence be presented but allowing legal action against the officers who obtained it. e. letting the evidence be presented but weighing it less than other evidence. ANS: D REF: 52 NOT: Factual 44. Opponents of excluding illegally obtained evidence from trial argue that a. nobody should be convicted of a crime on tainted evidence. b. a guilty person should not go free because the police blundered. c. the Supreme Court has reversed itself and now permits all such evidence in trials. d. the police should be allowed to sue criminals for their injuries using such evidence. e. the exclusionary rule was rejected by the Constitutional Convention. ANS: B REF: 52 NOT: Conceptual 45. The Supreme Court did not apply the Exclusionary Rule to the states until the a. 1940s. b. 1950s. c. 1960s. d. 1970s. e. 1980s. ANS: C REF: 53 NOT: Factual 46. One reason for adopting the exclusionary rule was a. pressure from police officers to do so. b. public complaints about criminals getting off easy. c. to deter police from using illegal means to gather evidence. d. to make trials more speedy to deal with the backlog of cases. e. to allow juries to consider all the evidence. ANS: C REF: 53 NOT: Conceptual 47. Police may legally search persons for evidence either when they have a search warrant or when a. they have authorization from the chief of police. b. there are three or more witnesses. c. someone has complained. d. they have a reasonable suspicion. e. they legally arrest those persons. ANS: E REF: 54 NOT: Factual 48. During an arrest, the police may legally search a. the suspect only. b. the suspect, things in plain view, other rooms in a house. c. the suspect, things in plain view, things or places under the suspect’s immediate control. d. the suspect and things in plain view. e. things in plain view only. ANS: C REF: 54 NOT: Factual 49. President ________ called for AIDS tests for immigrants and federal prisoners. a. Nixon b. Reagan c. Clinton d. Johnson e. Carter ANS: B REF: 55 NOT: Factual 50. The constitutional ban on being forced to give evidence against oneself was originally intended to a. inform people of the right to remain silent in the police station. b. prevent biased information from being introduced. c. prevent the use of torture or “third-degree” police tactics. d. prevent irrelevant information from being introduced. e. inform people of the right to remain silent. ANS: C REF: 55 NOT: Conceptual 51. All of the following statements concerning the Miranda case are correct except a. Miranda was convicted of rape and kidnapping. b. Miranda signed a written confession. c. The victim identified Miranda in a lineup of suspects. d. Miranda did not have a lawyer present when he was questioned, and his conviction was overturned. e. Miranda was released and never served time for the crime for which he was charged. ANS: E REF: 57 NOT: Factual 52. Miranda has been extended to mean that one has a right to a lawyer a. when appearing in a postindictment police lineup only. b. when riding in a squad car to a police station and during the fingerprinting process. c. when one is questioned by a psychiatrist to determine competency for trial only. d. during the finger-printing process only. e. when appearing in a postindictment police lineup and when questioned by a psychiatrist to determine competency for trial. ANS: E REF: 57 NOT: Factual 53. Lately the courts seem to be taking the position on the exclusionary rule of a. modifying it to make more evidence admissible. b. abandoning it to make any evidence admissible. c. continuing it as before. d. making it stricter to discourage police misconduct. e. applying to a greater variety of circumstances. ANS: A REF: 57 NOT: Conceptual 54. In more recent decisions, the Supreme Court’s approach to the exclusionary rule appears to a. expand the range of exclusions so as to make police work more difficult. b. head in the direction of removing the exception altogether. c. ignore previous rulings. d. emphasize the need for modification and flexibility. e. redirect constitutional issues related to searches to state legislatures. ANS: D REF: 57 | 58 NOT: Factual 55. An example of a good-faith exception to the exclusionary rule would be if police a. conducted a search incidental to an arrest. b. conducted a search with a properly obtained search warrant. c. used a defective search warrant they believed to be valid. d. searched an automobile they believed to be carrying drugs. e. seized an object they were not searching for but that fell into plain view. ANS: C REF: 58 NOT: Conceptual 56. Under the USA Patriot law, the attorney general may hold any noncitizen who is thought to be a national security risk for up to ___________ days. a. 14 b. 30 c. 7 d. 60 e. 90 ANS: C REF: 58 NOT: Factual 57. The Supreme Court has ruled that enemies who appear on our shores without military uniforms for the purpose of committing hostile acts are a. government agents. b. merely citizens. c. prisoners of war. d. civilian soldiers. e. unlawful combatants. ANS: E REF: 59 NOT: Factual 58. In 2004 the Supreme Court decided that enemy combatants a. must be tried in civilian courts. b. must be tried in military courts. c. have no right to appeal. d. have the right to appeal. e. do not have the right to see evidence. ANS: D REF: 59 NOT: Factual TRUE/FALSE 1. In 1833, the Supreme Court ruled that the Bill of Rights applied to both the federal and state governments. ANS: F REF: 39 2. The courts have ruled that dogs can be used to detect drugs in schools. ANS: T REF: 39 3. The Bill of Rights was applied to the states effective on the ratification of the Fourteenth Amendment. ANS: F REF: 40 4. Americans’ propensity for lawsuits indicates that “rights are in conflict.” ANS: T REF: 41 5. In America, freedom of religion is absolute. ANS: F REF: 41 6. Throughout history, American courts generally have broadened the area of free expression. ANS: T REF: 41 7. The right to a trial by jury can be found in the Bill of Rights. ANS: T REF: 42 8. The phrase “cruel and unusual punishment” is found in the Eighth Amendment. ANS: T REF: 42 9. Libel is protected speech. ANS: F REF: 43 10. Obscenity is protected by the First Amendment. ANS: F REF: 44 11. From the Supreme Court’s perspective, nudity and sex are, by definition, obscenity. ANS: F REF: 45 12. Corporations have all the same rights of expression as individuals. ANS: F REF: 45 13. The free-exercise clause protects polygamy when its practice is part of a religious faith. ANS: F REF: 47 14. A person can refuse to obey a compulsory vaccination law for religious reasons. ANS: F REF: 47 15. An individual must believe in a Supreme Being to qualify for conscientious objector status. ANS: F REF: 47 16. The “wall of separation” between church and state is stated explicitly in the Bill of Rights. ANS: F REF: 48 17. Federal aid is not permitted for building construction on a church-supported college campus. ANS: F REF: 50 18. A voucher system that allows students to choose to attend religious schools is constitutional. ANS: T REF: 50 19. The Supreme Court recently ruled against the display of the Ten Commandments in courthouses. ANS: T REF: 51 20. In the United States, improperly gathered evidence is excluded from a trial even if it is relevant to determining guilt. ANS: T REF: 52 21. The right to be free from unreasonable searches or seizures is set forth in the Fourteenth Amendment. ANS: F REF: 53 22. A search warrant must describe what is to be searched for and seized. ANS: T REF: 53 23. The police can require a driver to take a breathalyzer test to determine intoxication. ANS: T REF: 54 24. Supervisors can search the desk of an employee without a warrant if the search involves something related to the employee’s work. ANS: T REF: 54 | 55 25. Once the Supreme Court overturned his conviction, Ernesto Miranda never served time for the crime of which he was originally charged. ANS: F REF: 57 26. Today, a criminal defendant has the right to a lawyer when appearing in a police lineup or when being questioned by a psychiatrist. ANS: T REF: 57 27. Under the USA Patriot Act, the government can tap telephones without a court order. ANS: F REF: 58 28. The USA Patriot Act allows the government to tap Internet communications without a court order. ANS: F REF: 58 29. During the Second World War, the Supreme Court upheld the constitutionality of a trial where Nazi spies in civilian clothes were tried as “unlawful combatants.” ANS: T REF: 59 30. Military trials cannot be conducted in secret. ANS: F REF: 59 ESSAY 1. Explain what “incorporation” means with specific reference to the Bill of Rights and Palko v. Connecticut. ANS: (a.) The Bill of Rights (the first ten amendments to the Constitution) was originally meant to apply only to the federal government. (b.) This changed after the Civil War, particularly as a result of the Fourteenth Amendment. (c.) The Court used the due process and equal protection clauses to apply certain provisions of the Bill of Rights to the states. (d.) More specifically, the Court has incorporated those rights that it has deemed “fundamental” to “ordered liberty.” 2. Identify and explain the four “exceptions” to the First Amendment protected by the Constitution that are identified by the authors. ANS: (a.) Libel is not protected speech. (b.) Illegal action is not protected speech, even if it contains a political or social message. (c.) One cannot use words that incite others to commit an illegal act, or directly provoke another person to violent behavior. (d.) Obscenity is not protected speech. 3. Identify 6 court-devised doctrines that expand on the scope of permissible expression. ANS: (a.) Preferred Position. (The right of free expression, though not absolute, occupies a higher or more “preferred” position than any other constitutional rights.) (b.) No prior restraint. (The courts will not allow the government to restrain or censor in advance any speaking or writing.) (c.) Imminent danger. (You may utter inflammatory statements or urge people to consider committing dangerous actions, but unless there is an “imminent danger” that the utterances will actually lead to an illegal act, they are constitutionally protected.) (d.) Neutrality. (If the government requires a license for a parade, it must be neutral— that is, not favor one group more than another.) (e.) Clarity. (If the law forbids some form of expression, such as obscenity, it must contain a clear definition of it.) (f.) Least means. (If it is necessary to restrict the rights of one person to speak or publish to protect the rights of another, the restriction should involve the least intrusive means to achieve its end.) 4. Identify at least six things that the Court has not allowed under its interpretation / application of the “wall of separation” principle in establishment clause cases. ANS: (a.) Prayers that feature the participation of school officials, even if non-sectarian, voluntary or read from the Bible (b.) The prohibition of the teaching of evolution (c.) Requiring equal time for the teaching of Creationism (d.) Religious instruction during release time if within a school (e.) Reimbursement of the costs of tuition for parochial schools (f.) Supplying parochial school with counselors. 5. Identify the three parts of the “test” that the Court uses to determine if religious involvement is constitutional. ANS: (a.) There must be a strictly secular purpose. (b.) The behavior cannot advance nor inhibit religion. (c.) The behavior cannot involve excessive governmental entanglement with religion. 6. In general, what can the police search after your arrest? ANS: (a.) You. (b.) Things in plain view. (c.) Things or places under your immediate control. 7. Summarize the facts of the case in Miranda v. Arizona and explain its impact on constitutional law. ANS: (a.) Miranda was convicted of rape-kidnapping based on a written confession and identification by the victim. (b.) The Court ruled the confession was not voluntary as Miranda was not informed of his rights (such as his right to remain silent and his right to have access to a lawyer). (c.) Miranda was tried and convicted again but, today, the police read “Miranda Warnings” to anyone who is detained. 8. Identify some “exceptions” that the Supreme Court has allowed in its effort to relax the exclusionary rule. ANS: (a.) Good faith exception (b.) Public safety exception (c.) Inevitable discovery exception 9. Identify 4–5 provisions of the U.S. A. Patriot Law. ANS: (a.) Telephone taps are allowed with a court order. (b.) Internet taps are allowed with a court order. (c.) Voice mail may be seized with a court order. (d.) Investigators can share information in grand jury hearings. (e.) Non-citizens can be held up to seven days. (f.) The government has new powers to track money laundering. (g.) The statute of limitations on terrorist crimes is eliminated. (h.) Penalties for terrorist crimes were increased. 10. Describe some of the distinctive aspects of military trials that are discussed by the authors. ANS: (a.) They can be carried on before a commission of military officers. (b.) They can operate in secret if classified material is involved. (c.) Conviction is based on a two-thirds vote of the commission. (d.) Appeals can be made to the secretary of defense and the president.