4: Civil Liberties
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Which describes the views of the Anti-Federalists regarding a bill of rights?
They stressed the selected incorporation of the bill of rights. They believed that the protection of civil liberties is sufficient to limit the power of the national government. *They stressed the importance of a bill of rights because they did not trust the national government to protect civil liberties.* They avoided any discussion of the bill of rights to avoid any confrontations with the Federalists.
The Federalists argued that a bill of rights was not necessary for a variety of reasons. Which was not a reason that the Federalists gave?
A national bill of rights would be impractical to enforce. A bill of rights was unnecessary in a constitutional republic founded on the idea of popular sovereignty and inalienable, natural rights. *A bill of rights would override the many civil liberties guaranteed in state constitutions.* A bill of rights would be dangerous.
Which of the following are the personal guarantees and freedoms that governments may not infringe?
*civil liberties* civil rights incorporated rights fundamental freedoms
Which of the following statements about civil liberties and the Constitution is accurate?
The U.S. Constitution incorporates the liberties enshrined in each state’s constitution as limits on the national government as well. The Framers added the Bill of Rights to the Constitution before most states would sign it. *The Bill of Rights is not an exhaustive list of citizens’ liberties.* All rights not given to the people in the Constitution are reserved for the national government.
The doctrine of selective incorporation means that _____.
states must protect most of the liberties listed in the Bill of Rights
When is school prayer allowed?
During a meeting on property that is adjacent to a public school.
The Religious Freedom Restoration Act passed by Congress in 1993 has been used by Christian corporations for which of the following reasons?
*To challenge the Affordable Care Act’s provision requiring employer-sponsored health plans to include coverage of contraceptive.* To challenge the constitutionality of prayers in school. To challenge the Supreme Court’s use of the Lemon test. To challenge the constitutionality of the USA PATRIOT Act’s provision to obtain information from telecommunication companies.
Which of the following is included in the First Amendment? due process rights right to bear arms the free exercise clause right to privacy
the free exercise clause
Which of the following would be most likely to pass the Lemon test? a public school teacher leading his students in prayer at the start of class permitting Christian displays on public property but prohibiting non-Christian displays required Bible- reading in public school classrooms giving college students at a public university the option of taking a class about the Bible as literature
giving college students at a public university the option of taking a class about the Bible as literature
Which of the following is primarily a free exercise issue? the availability of Muslim worship services in prisons prayers said over the intercom at public schools government money given to religious schools to buy computers and books displays of the Ten Commandments in government buildings
the availability of Muslim worship services in prisons
The Alien and Sedition Acts were a clear violation of which of the following? First Amendment’s ban on prior restraint. First Amendment’s ban on the free exercise of religion. First Amendment’s ban on bearing arms. First Amendment’s ban on the establishment of religion.
First Amendment’s ban on prior restraint.
In Schenck v. U.S., the clear and present danger test suggested that the government can ____. restrict the right to free assembly restrict the freedom of speech rule by decree to maintain order suspend writs of habeas corpus
restrict the freedom of speech
What does the doctrine of prior restraint prevent? banning speech or publication before the fact uttering fighting words obscenity or pornography that violates community standards libel or slander of public officials
banning speech or publication before the fact
Which of the following is most likely to fall afoul of the direct incitement test? speech that is likely to cause imminent lawless action speech that, upon applying contemporary community standards, is both distasteful and lacks any redeeming social value hate speech that is targeted at members of a specific racial or ethnic group anti-government speech that could lead to considerable public discontent with the government or its leaders
speech that is likely to cause imminent lawless action
In which case did the Court find that actual malice must be proven to support a finding of libel against a public figure? Gitlow v. New York Miller v. California New York Times Co. v. Sullivan Tinker v. Des Moines Independent Community School District
New York Times Co. v. Sullivan
In response to D.C. v. Heller, the Washington D.C. City Council required which of the following? Prohibition of guns in any government building. Gun registration at gun shows and background checks. Gun registration and prohibiting assault weapons and large capacity magazines. Broadening of gun ownership rights across the city.
Gun registration and prohibiting assault weapons and large capacity magazines.
Gun laws are particularly strong in which of the following states? Illinois Texas California Idaho
California
Which amendment was passed to ensure that Congress could not disarm state militias? Second Third Ninth First
Second
Why was the Second Amendment added to the Constitution? to provide for a strong national military to make sure that every citizen was armed to guarantee the right to hunt to ensure that Congress could not disarm state militias
to ensure that Congress could not disarm state militias
In 1934, Congress passed the National Firearms Act in response to _____. the explosion of organized crime that stemmed from Prohibition the demand to abolish the right to own handguns two high-profile mass shootings that took the lives of six adults and four children the increased number of unused military weapons
the explosion of organized crime that stemmed from Prohibition
The Fourth, Fifth, Sixth, and Eighth Amendments supplement the rights of defendants with a variety of procedural guarantees known as ________. ex post facto laws habeas corpus due process rights civil liberties
due process rights
What is a writ of habeas corpus? a judicial decree that makes a law retroactive a prohibition on laws that declare actions legal without a judicial trial a way for the courts to overrule Congress on issues related to the fundamental freedoms doctrine a petition requesting that a judge order authorities to prove that a prisoner is being held lawfully
a petition requesting that a judge order authorities to prove that a prisoner is being held lawfully
Which of the following is generally prohibited by the Fourth Amendment? legal representation searches of open fields unreasonable searches due process rights
unreasonable searches
Supreme Court cases involving capital punishment have tended to center around whether the death penalty _____. encourages recidivism deters other criminals is a form of double jeopardy constitutes cruel and unusual punishment
constitutes cruel and unusual punishment