Plsc #2

Front 1

Civil liberties represent
a. something that the government must do, such as guaranteeing to individuals a privilege.
b. a restraint on government's actions against individuals.
c. a threat to property rights.
d. a threat to libertarians.
e. none of the above.

Back 1

b

Front 2

As originally presented in the Constitution, the Bill of Rights
a. limited only the power of the national government, not that of the states.
b. protected citizens from all forms of government.
c. protected citizens from the national and state governments, but not from local governments.
d. limited only the power of state governments.
e. contained no language on religion.

Back 2

a

Front 3

The Fourteenth Amendment
a. established the supremacy doctrine.
b. codified the right to privacy.
c. began to apply the Bill of Rights to the states.
d. protects individuals' freedom of religion.
e. abolished slavery.

Back 3

c

Front 4

Incorporation theory
a. holds the view that most of the protections of the Bill of Rights apply to state governments' activities through the 14th Amendment.
b. states that the federal government has the power to impose unfunded mandates.
c. established the precedent for eminent domain.
d. bans the establishment of an official language in the United States.
e. holds that states are required to permit the formation of corporations.

Back 4

a

Front 5

The establishment clause in the First Amendment, as it is understood today,
a. means that neither the federal government nor the state governments can set up a church.
b. means that the government need not abolish long-established institutions that aid religious bodies.
c. means that tax money can be used to support religious activities.
d. both a and c.
e. both a and b.

Back 5

a

Front 6

In a voucher system,
a. states are given a set number of vouchers to support religious educational institutions.
b. students are given vouchers to purchase education at public or private schools.
c. local school boards are given vouchers for each student they persuade to attend religious schools.
d. teachers are given federal tax vouchers when they agree to teach in public rather than private schools.
e. vouchers cannot be used at private religious schools.

Back 6

b

Front 7

A concern with school vouchers is that they may be used at religious schools and, therefore, violate the
a. establishment clause.
b. supremacy clause.
c. free exercise clause.
d. Fifth Amendment.
e. exclusionary rule.

Back 7

a

Front 8

All of the following have happened except
a. to receive federal funds, schools must certify that they do not ban prayer when it is done in a constitutionally appropriate manner.
b. the Supreme Court has required colleges to fund religious student publications under the same terms as other publications.
c. the Court has ruled that public schools cannot ban after-hours meetings by religious clubs if other clubs are allowed to meet.
d. schools are allowed to ban hats, including yarmulkes.
e. the use of the drug peyote for religious purposes has been legalized.

Back 8

e

Front 9

Prior restraint is defined as
a. an attempt by the president to limit actions of Congress.
b. a method that allows falsely convicted individuals an opportunity to redeem themselves.
c. the president's power to relieve convicted felons from further punishment.
d. restraining an activity before that activity has actually occurred.
e. none of the above.

Back 9

d

Front 10

Symbolic speech is
a. a law that is worded in a vague manner.
b. an area of expression that is not protected by the First Amendment.
c. the nonverbal expression of beliefs.
d. usually an expression of obscenity.
e. not a protection for flag burning.

Back 10

c

Front 11

Commercial speech is
a. defined as any form of expression for which the author is paid.
b. the electronic communication of words or symbols.
c. defined as any non-political speech.
d. defined as advertising statements.
e. subject to exactly the same constitutional protections as any other type of speech.

Back 11

d

Front 12

According to the clear and present danger test, expression could be restricted if
a. it does not deal with a political question.
b. it is found to be offensive to religious organizations.
c. and only if the United States is at war.
d. the speaker is not a citizen of the United States.
e. evidence exists that such expression would cause a condition that would endanger the public.

Back 12

e

Front 13

The bad-tendency rule meant that
a. speech may be curtailed if there is a possibility that such expression might lead to some evil.
b. Congress could prevent any speech it did not like.
c. if some people could be hurt by what was said, such speech was not protected.
d. anyone could advocate the overthrow of the U.S. government.

Back 13

a

Front 14

To be considered obscene, a work
a. must be offensive to a specific religious group.
b. must lack serious redeeming literary, artistic, political, or scientific merit.
c. must be determined to be commercial speech.
d. must employ graphics, as opposed to mere text.
e. must portray actual sexual intercourse.

Back 14

b

Front 15

The Communications Decency Act of 1996 and the Children's Online Protection Act of 1998
a. were both ruled constitutionally acceptable.
b. require public schools to block adult Internet content through filtering devices.
c. were vetoed by President Clinton.
d. have been blocked on constitutional grounds.
e. outlaw computer-generated images of minors engaging in lewd behavior.

Back 15

d

Front 16

Slander is
a. an attempt to do bodily harm.
b. a false statement that harms the good reputation of another.
c. printed material that cannot be proven true.
d. a law that prohibits the public from making negative statements about elected officials.
e. a criminal offence.

Back 16

b

Front 17

Falsely accusing someone of wrongdoing face-to-face with no one else present
a. constitutes slander.
b. constitutes defamation of character.
c. does not constitute slander.
d. a and b.
e. constitutes libel.

Back 17

c

Front 18

Campus speech codes
a. have usually been ruled unconstitutional.
b. have generally been upheld by the courts.
c. have generally been limited to symbolic speech.
d. almost never gain the support of the affected students.
e. typically ignore the danger of "hate speech."

Back 18

a

Front 19

Libel is
a. the amount of insurance one must have on a motor vehicle.
b. defamation in writing.
c. printed material that cannot be proved true.
d. a form of civil rights for indigents.
e. another word for slander.

Back 19

b

Front 20

For a public official to obtain a damage award under libel laws, he or she must
a. show that the article is about their private life.
b. sue in federal court under the Public Official Libel Act.
c. prove that their chances for re-election were completely lost because of the article.
d. prove actual malice.
e. present the same type of evidence that a private person would be required to offer.

Back 20

d

Front 21

Gag orders have been used to
a. prohibit one criminal from testifying against another.
b. restrict the publication of news about a trial in progress.
c. restrict what a juror may say to the press after the trial.
d. restrict what evidence must be shown to defense lawyers.
e. both c and d.

Back 21

b

Front 22

The media with the most limited First Amendment protections is
a. the Internet.
b. print media.
c. the cinema.
d. radio and TV.
e. all media enjoy equal protections.

Back 22

d

Front 23

The Supreme Court has allowed municipalities to require permits for parades, sound trucks, and demonstrations
a. because such activities are not covered by the First Amendment.
b. so that public officials may control traffic or prevent demonstrations from turning into riots.
c. since 1938, when Congress enacted legislation restricting such activities.
d. both a and c.
e. but has uniformly struck down anti-loitering laws directed at gangs.

Back 23

b

Front 24

In 1965, in a case involving the legality of contraceptives, the Supreme Court
a. held that the law violated the right to privacy.
b. found that laws against contraceptives were legal.
c. guaranteed all women access to abortion.
d. ruled that the Court cannot establish a right unless it is specifically mentioned in the Constitution.
e. both b and d.

Back 24

a

Front 25

The Court has based the right to privacy on
a. the First Amendment.
b. the Third and Fourth Amendments.
c. the Fifth Amendment.
d. the Ninth Amendment.
e. all of these articles of the Bill of Rights.

Back 25

e

Front 26

With regard to physician-assisted suicide, the Supreme Court has said that
a. the liberty interest does not include a right to commit suicide.
b. states have a right to protect the families of those who choose physician-assisted suicide.
c. doctors must comply if a terminal patient asks for physician-assisted suicide.
d. family members can be arrested for assisting in physician-assisted suicide.
e. it is permissible in all jurisdictions.

Back 26

a

Front 27

Some criticism of the Patriot Act’s strengthening of governmental investigatory powers reflects
a. the framers’ desire to encourage general searches.
b. the fear that the increased powers may be used to silence government critics.
c. concern about the right to bear arms as provided in the Second Amendment.
d. strong public support of warrantless surveillance.
e. defendant rights stemming from Miranda v. Arizona.

Back 27

b

Front 28

Limits on conduct of police and prosecutors include all of the following except
a. no unreasonable or unwarranted searches or seizures.
b. no questioning of individuals until they are arrested.
c. no arrest except on probable cause.
d. no coerced confessions.
e. no entrapment.

Back 28

b

Front 29

A defendant's pretrial rights include all of the following except
a. to be informed of the charges.
b. the right to legal counsel.
c. the right to remain silent.
d. no cruel or unusual punishment.
e. prompt arraignment.

Back 29

d

Front 30

The Writ of habeas corpus is
a. the right to be brought before a court and have the reasons for detention explained.
b. the right to legal counsel.
c. the right to remain silent.
d. the requirement that for a murder conviction, the police must find the dead body.
e. the right to reasonable bail.

Back 30

a

Front 31

An individual's trial rights include all of the following except
a. trial by jury.
b. the right to a speedy and public trial.
c. the right to not be subject to lengthy questioning.
d. no compulsory self-incrimination.
e. a trial atmosphere free of prejudice.

Back 31

c

Front 32

The Miranda rule
a. has lost its significance.
b. forbids the admission of illegally seized material evidence at trial.
c. cannot be used to prevent confessions from being introduced as evidence.
d. requires that suspects be read their rights before questioning.
e. all of the above.

Back 32

d

Front 33

The exclusionary rule is a policy
a. forbidding the admission of illegally seized evidence at trial.
b. that prohibits the arresting officer from serving as a character witness at a hearing or trial.
c. that prohibits the detention of a suspect for more than 48 hours without the suspect being charged.
d. limited to the federal courts.
e. none of the above.

Back 33

a

Front 34

Cruel and unusual punishment is prohibited by
a. the separation of powers.
b. judicial review.
c. the Fifth Amendment.
d. the Eighth Amendment.
e. the Tenth Amendment.

Back 34

d

Front 35

If the Supreme Court overturned Roe v. Wade,
a. abortions would be illegal in the U.S.
b. health insurance companies would determine eligibility for abortions.
c. the authority to regulate abortion would fall to the states.
d. abortions would only be legal in the first trimester of the pregnancy.
e. abortions would be deemed “an invasion of privacy.”

Back 35

c

Front 36

Which of the following is true?
a. Civil liberties and civil rights are the same thing.
b. Civil liberties can be linked to specific provisions in the Constitution while civil rights cannot.
c. Civil liberties specify what government cannot do, while civil rights specify what government must do to ensure equal protection and freedom from discrimination.
d. Civil rights specify what government cannot do, while civil liberties specify what government must do to ensure equal protection and freedom from discrimination.
e. Governments have to honor civil liberties while they have the option to honor civil rights.

Back 36

c

Front 37

The United States Supreme Court's decision in ____ in 1857 held that slaves were not citizens of the United States and thus not entitled to the rights and privileges of citizenship, a ruling that contributed to the inevitability of the Civil War.
a. Plessy v. Ferguson
b. Brown v. Board of Education
c. Dred Scott v. Sanford
d. Bakke v. California
e. Lincoln v. Douglas

Back 37

c

Front 38

The Thirteenth Amendment to the Constitution
a. abolished slavery.
b. forced states to alter their own constitutions to end slavery by making the children of slaves free while allowing slavery for existing slaves.
c. mandated that all persons "will be treated as total equals from this date forward."
d. allowed slavery to continue but stated that the importation of slaves would be ended after twenty years.
e. allowed slavery to continue but stated that the importation of slaves would be ended immediately.

Back 38

a

Front 39

The Fourteenth Amendment does all of the following except
a. proclaims that all persons born in the United States are citizens of the United States.
b. provides that no state shall deprive individuals of the privileges and immunities enjoyed by citizens of the United States.
c. states that the right to vote shall not be abridged on account of race.
d. dictates that no state shall deny any person of life, liberty, or property without due process of law.
e. provides that no state shall deny any person equal protection of the laws.

Back 39

c

Front 40

The United States Supreme Court invalidated the 1875 Civil Rights Act
a. arguing that the Fifteenth Amendment was unconstitutional.
b. arguing that it deprived majorities of their basic rights.
c. arguing that it deprived minorities of their basic rights.
d. arguing that the Fourteenth Amendment was aimed at limiting state action, not the actions of private citizens.
e. in the face of widespread disapproval.

Back 40

d

Front 41

In 1896, the United States Supreme Court ruled in the case of Plessy v. Ferguson that
a. African Americans are not persons for the purposes of the Constitution.
b. the national government has the power to force all people to treat each other as equals.
c. schools may not practice any type of racial segregation.
d. separation of races is not a violation of the Constitution.

Back 41

d

Front 42

The direct result of Plessy v. Ferguson was
a. the integration of public schools in the South.
b. the development of a system of legal racial segregation known as Jim Crow laws.
c. the end of racial segregation.
d. a constitutional amendment that gave Congress more power to deal authoritatively with racial problems.
e. a complex system of busing to alleviate the effects of past racism.

Back 42

b

Front 43

The white primary in southern states allowed
a. all races to participate in elections on an equal basis.
b. whites to exclude African Americans from voting in Democratic primaries.
c. voters to select ballots for each party based on different skin colors.
d. African Americans the opportunity to vote for the first time.
e. whites to exclude African Americans from voting in the general elections.

Back 43

b

Front 44

A poll tax was used to
a. prevent northern immigrants from moving to the South and voting in local elections.
b. determine who was intelligent enough to vote.
c. dissuade African Americans from voting.
d. force individuals to buy property in order to be eligible to vote.
e. raise funds for voter registration among the minority community.

Back 44

c

Front 45

In the case of Brown v. Board of Education of Topeka (1954), the U.S. Supreme court held that
a. ethnic minorities have no rights to equal treatment by the government.
b. public school segregation of races violates the equal protection clause of the Fourteenth Amendment.
c. the national government does not have the power to force any type of action on local school boards.
d. separation of races for a reason such as education is not a violation of the Constitution.
e. African Americans could not be denied the right to a college education.

Back 45

b

Front 46

The quest to achieve school integration resulted in
a. "white flight" from the suburbs to the inner cities.
b. violence in several cities throughout the nation over the issue of busing.
c. a determination by the Supreme Court that busing could not be used to achieve racial balance in school districts.
d. a guarantee that students could always attend the closest neighborhood school.
e. Chief Justice Earl Warren being impeached and removed from the United States Supreme Court.

Back 46

b

Front 47

De facto segregation means
a. segregation because of previous conditions, not deliberate government intention.
b. segregation based on different native languages.
c. racial segregation based on law.
d. segregation of southern European immigrants.
e. segregation to a minor degree.

Back 47

a

Front 48

Today schools around the country are
a. effectively integrated precisely in the manner outlined by the Supreme Court in its landmark 1954 decision.
b. considered integrated, although not to the extent outlined by the Supreme Court in its landmark 1954 decision.
c. not necessarily integrated in the manner defined by the Supreme Court, but by no stretch of the imagination can they be considered segregated.
d. becoming segregated again due to the rapid decline in the proportion of whites living in cities and an increase in the minority birth rates and minority presence in urban areas.
e. segregated because of the recent decision of the Supreme Court upholding "separate but equal" and the consequent decision of many state legislatures that the races should be separated in educational facilities.

Back 48

d

Front 49

The civil rights movement led by Dr. Martin Luther King, Jr., was based on the philosophy of
a. nonviolent civil disobedience.
b. divide and conquer.
c. "equality for all, through strong force when necessary."
d. equality of practice that did not have to exclude racial segregation.
e. equality "by any means necessary."

Back 49

a

Front 50

Martin Luther King's philosophy of nonviolent civil disobedience was influenced greatly by
a. Martin Luther.
b. Buddha.
c. Nelson Mandela.
d. Mahatma Gandhi.
e. Abraham Lincoln.

Back 50

d

Front 51

The use of ____ was instrumental in bringing about the integration of lunch counters, buses, and trains.
a. sit-ins
b. roadblocks at night in rural areas
c. court injunctions that prohibited interstate travel in areas threatened by violence
d. the threat of armed force
e. public demonstrations featuring violence against whites

Back 51

a

Front 52

African American leader Malcolm X
a. supported the group known as the “Uncle Toms.”
b. agreed with King's philosophy of nonviolence.
c. was assassinated in 1965.
d. believed in the philosophy of "turn the other cheek."
e. was one of King's closest colleagues.

Back 52

c

Front 53

____ led the Montgomery bus boycott, formed the Southern Christian Leadership Conference, and became a driving force in the civil rights movement.
a. Thurgood Marshall
b. Martin Luther King, Jr.
c. Malcom X
d. Dred Scott
e. Colin Powell

Back 53

b

Front 54

A major consequence of the Voting Rights Act of 1965 was
a. the elimination of discriminatory voter registration tests.
b. state governments passing laws that allowed considerable discrimination toward ethnic minorities.
c. dozens of federal court decisions stating that it was not within the power of Congress to dictate to the states how they should conduct their elections.
d. the ironic result that the number of African Americans registered to vote declined dramatically.

Back 54

a

Front 55

The Civil Rights Act of 1968
a. prohibits discrimination in employment.
b. prohibits discrimination in public accommodations.
c. prohibits discrimination in housing.
d. provided the first legislative protection for Native Americans.
e. provided the first legislative protection for gay men and lesbians.

Back 55

c

Front 56

Betty Friedan's The Feminine Mystique
a. provided the credo for the National Federation of Business and Professional Women's Clubs.
b. described the unequal status of women in the United States.
c. argued that women should not work outside the home.
d. advocated socialism as a solution to women's problems.
e. presented the position that birth control should not be readily available because it would encourage women to engage in marital infidelity and premarital sex.

Back 56

b

Front 57

The Equal Rights Amendment was
a. ratified by the final state and became part of the Constitution on July 13, 1981.
b. not ratified by the necessary 38 states.
c. vetoed by President Reagan.
d. not approved in the Senate.
e. vigorously supported by Phyllis Schlafly and the Eagle Forum.

Back 57

b

Front 58

After the fight for the Equal Rights Amendment, various women's groups addressed all of the following issues except
a. special legislation to protect the health of female factory workers.
b. domestic violence.
c. abortion rights.
d. pornography.
e. state and national laws to guarantee the equality of women.

Back 58

a

Front 59

A practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender
a. is sexual harassment.
b. is gender discrimination.
c. violates Title IV.
d. violates the Civil Rights Act of 1968.
e. is considered illegal if engaged in by a private corporation but acceptable if engaged in by the government.

Back 59

b

Front 60

On the issue of sexual harassment, the Supreme Court has ruled that
a. employers are not responsible for harassment undertaken by their employees.
b. individuals cannot be sexually harassed by members of their own gender.
c. it is considered sexual harassment when words or actions of a sexual nature interfere with the employee's work or create a "hostile environment."
d. it is not illegal to condition promotions on sexual favors.
e. laws against sexual harassment violate the First Amendment's protection of free speech.

Back 60

c

Front 61

Currently for every dollar earned by men, women earn about ____ cents.
a. 15
b. 30
c. 48
d. 77
e. 101

Back 61

d

Front 62

The glass ceiling
a. refers to laws that have been enacted to establish barriers to women's advancement to top positions.
b. is reinforced by so-called "mommy-track" jobs.
c. is a problem for African Americans, but not white women.
d. is no longer an issue.
e. refers to the discrimination encountered by homosexuals as they enter conservative business venues in which traditional values are prevalent.

Back 62

b

Front 63

Which of the following is true?
a. The part of the United States that has been affected most significantly by the issue of illegal immigration is the northeast.
b. Polls show that citizens in the southwestern states support the providing of social and health-care services to children of illegal immigrants.
c. A law making it a crime to assist illegal immigrants in any manner was passed by Congress, vetoed by President Bush, and the veto was subsequently overridden by Congress.
d. The government is now allowed to deport noncitizens based on secret evidence that the deportee cannot see.
e. The Hispanic population of the United States has been largely unsympathetic to the plight of illegal aliens, arguing that everyone should enter the country legally or they should go back to their countries of origin.

Back 63

d

Front 64

The policy in admissions or hiring that gives special consideration to traditionally disadvantaged groups to overcome the present effects of past discrimination is known as
a. affirmative action.
b. legislative mandate.
c. civil liberties.
d. civil rights.
e. the Lincoln dilemma.

Back 64

a

Front 65

The charge that some affirmative action programs discriminate against non-minorities is called
a. racial profiling.
b. reverse discrimination.
c. quota-busting.
d. anti-bias civil rights.
e. adverse minority preference.

Back 65

b

Front 66

In 2003, the United States Supreme Court considered two different admissions polices adopted at the University of Michigan and
a. for the first time, ruled that an affirmative action was unconstitutional.
b. ruled that "diversity" could not be a compelling government interest.
c. approved affirmative action plans that took race into consideration as part of a complete examination of the applicant's background.
d. approved a plan that automatically awarded points toward admission to minority applicants.
e. ruled that the time had come for all affirmative action programs to end, since government could do nothing more to alleviate the effects of past discrimination.

Back 66

c

Front 67

The Age Discrimination in Employment Act of 1967 prohibits
a. companies from paying retired persons a wage that is equal to or greater than the minimum wage.
b. age discrimination against people without a valid occupational reason.
c. state governments from hiring individuals who have not yet reached their 21st birthday.
d. Social Security recipients from working at any job.
e. age discrimination, but in a loophole, employers can replace older employees as long as the new ones are at least forty years old.

Back 67

b

Front 68

The Americans with Disabilities Act
a. does not apply to blindness.
b. does not apply to AIDS.
c. does not apply to alcoholism.
d. does not apply to cancer.
e. does not apply to carpal tunnel syndrome.

Back 68

e

Front 69

With regard to child custody and visitation rights,
a. the federal government has banned states from allowing gay men and lesbians custody.
b. most states have prohibited allowing gay men and lesbians custody.
c. most states do not deny custody solely on the basis of their sexual orientation.
d. the Supreme Court has ruled that sexual orientation must be considered when deciding custody or visitation issues.
e. the Supreme Court has ruled that sexual orientation can never be considered when deciding custody or visitation issues.

Back 69

c

Front 70

The Defense of Marriage Act of 1996 was passed in response to
a. a ruling by the Hawaii Supreme Court that might have allowed same-sex couples to marry.
b. the passage of Vermont's civil union law.
c. the legalization of same-sex marriages in Massachusetts.
d. the Supreme Court's striking down of anti-sodomy laws in Lawrence v. Texas.
e. the establishment of civil unions in Minnesota.

Back 70

a

Front 71

Citizens eighteen years or older received a constitutional right to vote in part because
a. they could drink alcoholic beverages at that age.
b. they could sign binding contracts at that age.
c. they could work for the federal government in many capacities.
d. they could be drafted into the military at that age.
e. they had the right to marry at that age.

Back 71

d

Front 72

The law has given children certain defenses against criminal prosecution because
a. parents punish children more effectively than the criminal justice system.
b. of their presumed inability to have criminal intent.
c. the Constitution does not provide for criminal prosecution of juveniles.
d. juveniles are too costly to incarcerate.
e. constitutional protections regarding education shield a number of juvenile behaviors.

Back 72

b

Front 73

In recent years, Hispanics have
a. become less politically active and outspoken.
b. begun to reverse their reputation for being politically inactive or disinterested.
c. held fewer public offices at the federal, state, and local levels.
d. held fewer public offices at the state and local levels but not the federal level.
e. participated at lower levels as the number of new immigrants has increased.

Back 73

b

Front 74

A nonviolent, public refusal to obey allegedly unjust laws is known as
a. a boycott.
b. civil disobedience.
c. civil law.
d. civic assembly.
e. civic resistance.

Back 74

b