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64 Cards in this Set
- Front
- Back
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The difference between civil rights and civil liberties is ______.
a. inconsequential because the terms are used interchangeably in the United States b. that civil rights involve speech, press, and religious freedom, whereas civil liberties involve voting c. that civil rights limit the power of government, whereas civil liberties expand the power of government d. that civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government e. that civil rights involve freedoms, whereas civil liberties involve voting |
d. that civil rights involve government action to secure rights of citizenship, whereas civil liberties involve individual freedoms that limit the power of government. |
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Individual actions can come into conflict with the collective good of society ______.
a. only when direct harm occurs to another specific individual. b. because individual actions often have important consequences and costs for society c. whenever the majority agrees that such harm exists d. only when the claim can be tied to a specific provision of the Constitution e. only rarely because the collective good of society is nothing more than the summation of the good of all the individual citizens |
b. because individual actions often have important consequences and costs for society |
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An action that criminalizes an act after it occurs is a(n) ______.
a. unconstitutional ex post facto law b. “closing the barn door after the horse is out” law c. bill of attainder d. habeas corpus law e. exclusionary rule type of law |
a. unconstitutional ex post facto law |
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The right of an accused to be brought before a judge and informed of the charges and evidence against him or her is known as ______.
a. habeas corpus b. ex post facto presentation c. a bill of attainder d. Miranda rights e. a bill of presentment |
a. habeas corpus |
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The source of authority cited by the Supreme Court for applying the Bill of Rights to the states is ______.
a. the Bill of Rights itself b. Congress c. the Fourteenth Amendment to the Constitution d. Marbury v. Madison e. Federalist No. 10 |
c. The Fourteenth Amendment to the Constitution |
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All of the following statements concerning incorporation of the Bill of Rights are true EXCEPT this one:
a. Incorporation has taken place on the basis of provisions of the Fourteenth Amendment. b. Incorporation is a matter of interpretation rather than a constitutional principle. c. The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s. d. Incorporation has taken place on the theories of both selective incorporation and total incorporation. e. Without incorporation, the Bill of Rights would apply only to acts of the federal government. |
C. the Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s. |
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The rights the founders believed were essential to maintaining a representative democracy included all of the following EXCEPT this one:
a. establishment of religion b. the right to bear arms c. freedom of speech d. freedom of the press e. the right to assemble and petition the government for redress of grievance |
a. establishment of religion |
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. In the conflict between accommodationist and separationist views of the establishment clause, the Supreme Court has, in recent times, ______.
a. sided consistently with the separationist position b. sided consistently with the accommodationist position c. been moving more and more toward the separationist position d. been moving more and more toward the accommodationist position e. established no clear pattern and has favored each position at various times |
e. established no clear pattern and has favored each position at various times |
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The establishment clause guarantees ______.
a. that government will not create and support an official state church b. that all citizens may freely engage in religious activities of their choice c. that American government is based on Judeo-Christian values d. that all churches shall have tax-exempt status e. the right to set up a church whenever a religious group so desires |
a. that government will not create and support an official state church |
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According to the Supreme Court, for school prayer to violate the establishment clause, it must be ______.
a. part of official school activities b. denominational c. opposed by a majority of the students or their parents d. anti-Semitic e. objectionable to at least one student |
a. part of official school activities |
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Separationists differ from accommodationists in that ______.
a. separationists wish to separate issues of school prayer from issues involving the establishment clause b. accommodationists wish to separate issues of school prayer from issues involving the establishment clause c. separationists favor a stricter separation of church and state than accommodationists d. accommodationists favor a stricter separation of church and state than separationists e. separationists favor a narrower interpretation of the free exercise clause |
c. separationists favor a stricter separation of church and state than accomdationists. |
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The Lemon test established that ______.
a. if there are prayers or Bible readings in schools, then students who do not wish to participate must be excused b. states may prohibit religious activities that present a clear and present danger c. citizens may freely engage in the religious activities of their choice d. there shall be no excessive entanglement of government and religion e. no state could establish an official religion |
d. there shall be no excessive entanglement of government and religion |
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Which of the following statements does NOT reflect the Supreme Court’s view of freedom of expression?
a. Flag burning is protected under the Constitution. b. Associations such as the NAACP can be required to make their membership lists public. c. Prior restraint of the press can occur only during extreme emergencies. d. Pornography is protected on the Internet. e. Political speech can be restricted only if it leads to “imminent lawlessness |
b. Associations such as the NAACP can be required to make their membership lists public |
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The Supreme Court has ruled that ______.
a. symbolic speech is always protected b. symbolic speech is never protected c. symbolic speech is not protected when it is most likely to inspire fear of bodily harm d. flag burning is not symbolic speech e. symbolic speech may be prohibited when it offends the public’s values |
c. symbolic speech is not protected when it is most likely to inspire fear of bodily harm. |
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It is difficult for the Supreme Court to determine the exact meaning of obscenity because ______.
a. the whole area is so subjective that wide disagreement exists b. few historical cases have examined the issue c. there are so few obscenity tests to choose from d. radical feminists and conservatives strongly disagree on the issue e. teachers and students strongly disagree on the issue |
a. the whole area is so subjective that wide disagreement exists |
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The founders’ opposition to prior restraint showed their commitment to ______.
a. the right to due process of law b. freedom of the press c. freedom of assembly d. the right to bear arms e. freedom of religion |
b. freedom of the press |
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The idea that language shapes behavior and, therefore, should be regulated to control its social effects is known as ______.
a. the free exercise clause b. political correctness c. fighting words d. obscenity e. libel |
b. political correctness |
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he Supreme Court has ruled that prior restraint ______.
a. may be used by presidents in situations they declare involve national security b. may be used in cases in which words are malicious c. may be upheld only in cases of extreme emergency d. may be upheld when Congress has granted the president legal authority to censor e. is always unconstitutional |
c. may be upheld in a case of extreme emergency |
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Written defamation of character is known as ______.
a. obscenity b. libel c. political falsehood d. slander e. sedition |
b. libel |
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The Supreme Court has ruled that public figures can win libel suits against the mass media only when the ______. a. claims made by the media are false b. claims made by the media damage the reputation of the public figure c. public figure does not agree with the claims d. claims made by the media will affect the outcome of an election e. claims made by the media are known by them to be false or are made with reckless disregard for the truth of the claims |
e. claims made by the media are known by them to be false or made with reckless disregard for the truth of the claims. |
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The Supreme Court has ruled that ______. a. public figures have more protection from the press than other members of the public b. public figures have the same protection from the press as other members of the public c. public figures have less protection from the press than other members of the public d. only nonpolitical public figures have as much protection from the press as other members of the public e. only political public figures have as much protection from the press as other members of the public
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c. public figures have less protection from the press as other members of the public. |
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The Supreme Court ruled recently that the Second Amendment ______. a. establishes only a collective right of the states to have militias b. does not apply to the states c. establishes an individual right to bear arms d. applies to the states e. is ambiguous and should be disregarded
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c. establishes an individual right to bear arms |
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The Supreme Court ruled recently that the Second Amendment individual right to bear arms ______. a. applies to the states as well as to the national government b. applies only to the national government c. is restricted to rifles d. should be replaced in favor of an interpretation that the right to bear arms is a collective right of the states e. does not apply to individuals convicted of misdemeanor domestic assault
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a. applies to the states as well as to the national government |
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The current status of the exclusionary rule is that ______. a. evidence obtained unconstitutionally may not be used in court b. evidence obtained unconstitutionally may be used in court, but the defendant may sue the police in civil court or bring criminal charges against them c. the exclusionary rule has been eliminated
d. unconstitutionally gathered evidence may be used in court as long as the police did not violate the Constitution deliberately; however, the burden is on the police to show they acted in good faith e. none of the above |
d. unconstitutionally gathered evidence may be used in court as long as the police did not violate the Constitution deliberately; however, the burden is on the police to show they acted in good faith |
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The current status of the right to counsel in criminal trials is that ______. a. the Supreme Court has eliminated the right to counsel b. the Supreme Court has extended the right to counsel to civil cases c. the Supreme Court has restricted the right to counsel to those earning less than $3,000 per year d. there has been no change in the law since the Gideon case, and the states have undergone a great financial burden to make sure every defendant has competent counsel e. in many places, the right to counsel is complied with on a minimal basis
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e. in many places, the right to counsel is complied with on a minimal basis |
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. It is difficult to know when to apply the prohibition against cruel and unusual punishment because ______. a. the definitions of cruel and unusual are difficult to establish b. the public presses the government to inflict cruel punishments c. cruel punishments are often warranted d. crime can be suppressed only if the government is willing to be cruel e. unusual punishments are often necessary for unusual defendants
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a. the definitions of cruel and unusual punishment are difficult to establish |
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Support of capital punishment has been weakening in the United States, mostly due to public concern that ______. a. the international community strongly disapproves of it b. the system might be executing innocent people c. it is inherently wrong in principle d. it encourages violent behavior e. the death sentence isn’t used often enough in criminal cases
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b. the system might be executing innocent people |
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Which of the following statements best describes the constitutional right to privacy? a. The courts have ruled that a right to privacy applies only to cases of reproductive rights. b. A right to privacy is not clearly spelled out in the Constitution, but many people argue the right is implied. c. A right to privacy is spelled out explicitly in the Tenth Amendment. d. The founders did not support a right to privacy, as evidenced by the Bill of Rights. e. A right to privacy exists in the federal Constitution but not in most state constitutions.
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b. the right to privacy not clearly spelled out in the Constitution, but many argue that it is implied |
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The Supreme Court has ruled that the right to refuse medical life support ______. a. does not exist b. is superseded by the authority of the state to protect life c. is a matter for individuals to decide for themselves d. has very limited protection e. can be decided by the families when individuals cannot speak for themselves and their wishes are unknown
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c. is a matter for individuals to decide for themselves |
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Social and economic statistics tend to show that _______. a. African Americans have completely overcome the effects of systematic discrimination b. African Americans are now greatly advantaged over whites because of civil rights laws c. African Americans have gotten no benefit from recent civil rights policies d. inequality still pervades the American system e. whites have benefited from recent civil rights policies more than African Americans
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d. inequality still pervades the American system |
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The concepts of strict scrutiny and suspect classification are used by the Supreme Court to answer what question? a. When is torture of suspected terrorists permitted? b. When can we suspect minorities of taking advantage of civil rights laws? c. When can the police act on their suspicions that someone is an illegal alien? d. When can the law treat people differently? e. When can the president act on suspicions that another country is going to attack the United States?
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d. When can the law treat people differently? |
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A suspect classification is one that _______. a. makes a group’s claims of discrimination suspect b. treats people differently because of a classification such as race; laws that include suspect classifications are subject to strict scrutiny c. is a classification used to place suspected racists on a watch list, and they are subsequently scrutinized d. is a method of classifying suspects as to whether their crimes are hate crimes e. is used for situations involving handicapped persons
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b. treats people differently because of a classification such as race; laws that include suspect classifications are subject to strict scruntiny |
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The Supreme Court designated race a suspect class in the _______. a. 1870s b. 1890s c. 1950s d. 1980s e. 1930s
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c. 1950s |
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Blacks were kept from exercising their rights in the South after Reconstruction by all of the following methods EXCEPT this one: a. grandfather clauses b. Jim Crow laws c. poll taxes d. literacy tests e. civil suits
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e. civil suits |
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The rights given to African Americans in the Thirteenth, Fourteenth, and Fifteenth Amendments did not really help African Americans following the Civil War because _______. a. the amendments did not apply to all the states b. the nation was slow to ratify these amendments c. African Americans were not allowed access to courts d. the wording of rights in these amendments did not specifically mention African Americans e. Congress, the president, and southern state governments made little effort to enforce them
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e. Congress, the president, and southern state governments made little to no effort to enforce them. |
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The legal methods used to deny African Americans the right to vote, such as literacy tests and poll taxes, were overcome by _______. a. passage of the Voting Rights Act of 1965 and the Twenty-Fourth Amendment to the Constitution b. an executive order issued by President Lyndon Johnson c. changes in the political leadership of the southern states d. passage of the Fourteenth Amendment to the Constitution e. Reconstruction
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a. passage of the Voting Rights Act of 1965 and the Twenty-Fourth Amendment to the Constitution |
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The decision in _______ overturned Plessy v. Ferguson. a. Sweatt v. Painter b. Missouri ex rel. Gaines v. Canada c. Korematsu v. United States d. Brown v. Board of Education e. Smith v. Allwright
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d. Brown v. Board of Education |
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. In Brown v. Board of Education, the Supreme Court ruled unanimously that _______. a. school districts had to integrate within exactly five years b. segregated schools were inherently unequal because the very fact of segregation made blacks feel unequal c. busing would be used as the sole method to integrate schools d. all segregated facilities, whether they were schools or not, were unconstitutional e. school integration was the responsibility of state governments only
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b. segregated schools were inherently unequal because the very fact of segregation made blacks feel unequal |
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The major, nationwide impact of the Brown v. Board of Education decision was that it _______. a. motivated African Americans to align themselves with Mexican Americans to bring about school desegregation b. instituted busing to overcome de facto discrimination c. caused school desegregation in the South to move ahead rapidly d. caused many southern whites to move to the North e. served as a catalyst for the civil rights movement
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e. served as a catalyst for the civil rights movement |
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The civil rights movement of the 1950s–1960s was most successful in eliminating ______ but was far less successful in eliminating ______. a. de jure discrimination; de facto discrimination b. de facto discrimination; de jure discrimination c. economic differences among the races; political differences among the races d. differences in levels of educational attainment among the races; differences in levels of social attainment among the races e. underrepresentation of African Americans among office holders; underrepresentation of African Americans in the professions
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a. de jure discrimination; de facto discrimination |
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The argument for affirmative action is that _______. a. people who have been discriminated against deserve positions, even if they are not qualified b. there is no other decisive evidence for proving that discrimination has ended c. if businesses and universities do not use it, they will be sued d. politicians like it e. the public overwhelmingly supports it
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b. there is no other decisive evidence for proving that discrimination has ended |
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Which of the following is not constitutional? a. the use of affirmative action programs to hire more minorities b. busing to bring about racial desegregation across school districts c. economic boycotts d. restricting the right of felons to vote e. fulfilling quotas of minorities in school admissions
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b. busing to bring about racial desegregation across school districts |
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Segregation has been harder to overcome in the North than in the South because _______. a. segregation in the North is de facto segregation b. segregation in the North is de jure segregation c. northerners opposed segregation more strenuously than southerners d. northerners are politically more powerful than southerners e. blacks were reluctant to challenge their northern allies in the civil rights struggle
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a. segregation in the North is de facto segregation |
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All of the following statements concerning affirmative action are true EXCEPT this one: a. A majority of Americans support the principles behind affirmative action. b. It is intended to be a substantive remedy for past discrimination. c. It has been banned in a number of states. d. Strict scrutiny has been used to oppose affirmative action. e. Statistics indicate that blacks are now even with whites on most economic measures.
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e. Statistics indicate that black are now even with whites on most economic measures. |
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Congressional policy toward Native Americans has historically varied between _______. a. creating a national tribal council and developing local tribal councils b. restricting Native Americans to reservations and reducing the size of reservations c. giving them status as independent nations and lumping them with other minorities d. assimilating Native Americans into a European-based culture and encouraging independence and self-government e. reducing crime on the reservations and limiting educational opportunities
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d. assimilating Native Americans into a European-based culture and encouraging independence and self-government |
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Native Americans face a particularly difficult task in winning battles in American politics for all of the following reasons EXCEPT this one: a. They do not have the right to vote. b. The status of tribes in the American political system is that of a unique form of federalism. c. The states have been hostile to them. d. The federal government has been hostile to them. e. The courts have not been inclined to protect them
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a. they do not have a right to vote |
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The U.S. government has _______. a. consistently tried to maintain Native American culture b. provided massive assistance to Native Americans to help them assimilate into American culture c. maintained Native Americans on their ancestral lands as much as possible d. deprived Native Americans of their ancestral lands, thus destroying their culture, while providing them with very little aid in order to “make them independent” e. treated Native Americans with dignity and respect
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b. provided massive assistance to Native Americans to help them assimilate into American Culture |
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Which of the following is NOT an important fact concerning Hispanic Americans? a. They are considered to be an insignificant voting bloc in elections. b. The Hispanic population is very diverse. c. Hispanics are the fastest growing ethnic group in the United States. d. The vast majority of Hispanics are Mexican Americans. e. They are concentrated in various parts of the United States.
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a. they are considered to be an insignificant voting bloc in elections |
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The first Hispanic justice of the U.S. Supreme Court _______. a. is Alberto Gonzales b. is Elián González c. is Bill Richardson d. has yet to be appointed e. is Sonia Sotomayor
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e. Sonia Sotomayor |
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Compared to other minorities, Asian Americans ______. a. have formed their own political parties where population size justifies it b. have lower levels of voter turnout and registration c. are strongly affiliated with the Republican Party d. are considered the largest swing voting bloc e. are strongly affiliated with the Democratic Party
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b. have lower levels of voter turnout and registration |
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The lack of immigration from Asia during much of the first half of the twentieth century can be attributed most directly to ______. a. the fact that most Asians preferred to emigrate to European democracies because of patterns of discrimination in the United States b. the lack of political opportunities available to Asians in the United States c. the fact that Asians have never seen the United States as providing economic opportunities for them d. the fact that Japanese culture is marked by a fear of learning a new language e. legislation passed by Congress that restricted immigration from China and Japan
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e. legislation passed by Congress that restricted immigration from China and Japan |
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During World War II, Japanese Americans ______. a. were treated fairly even though Americans in Japan were the subject of persecution b. lost their citizenship if they still had family members in Japan c. were placed in internment camps for national security purposes d. fled America to live in Western Europe e. were often required to return to Japan
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c. were placed in internment camps for national security purposes |
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All of the following statements concerning the status of women in early nineteenth-century America are true EXCEPT this one: a. They could not own property. b. They were not permitted to give up their American citizenship if they married a man who was not a citizen. c. They could not initiate divorce proceedings. d. They could not bring a lawsuit. e. They could not gain custody of their children in case of d
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b. they were not permitted to give up their American citizenship if they married a man who was not a citizen |
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Women gained the right to vote by a strategy of ______. a. gaining the support of the president b. winning support at the national level and then using that to win in the states c. massive demonstrations in major cities that gained them publicity and support d. getting sympathetic male voters to write in the names of women on their ballots; these women won a surprising number of legislative seats e. gaining the right to vote in states where they had support and expanding their support over time
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e. gaining the right to vote in states where they had support and expanding their support over time. |
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Laws that treat men and women differently are subject to ______. a. strict scrutiny b. the minimum rationality test c. the Lemon test d. the Miller test e. an intermediate standard of review
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e. an intermediate standard of review |
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Women are ______. a. the most underrepresented group in Congress and state legislatures b. overrepresented in many state legislatures c. overrepresented in the Senate but underrepresented in the House of Representatives d. achieving a greater level of representation in Congress than are African Americans e. overrepresented in governorship
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a. the most underrepresented group in Congress and state legislatures |
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Which of the following statements regarding public opinion on gay and lesbian rights is NOT true? a. The public supports lifting the ban on gays in the military. b. Young people are more supportive of gay rights than are the elderly. c. A majority of the people supports legislation that protects gays and lesbians from housing discrimination. d. More people oppose same-sex adoption than same-sex marriage. e. A majority of the people supports legislation that protects gays and lesbians from job discrimination
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d. More people oppose same-sex adoption than same-sex marriage |
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. Which of the following statements is NOT true concerning age discrimination? a. The Supreme Court has declared age to be a suspect classification. b. Older people are better organized to protect their rights than are younger people. c. The most frequent act of discrimination against older people is job discrimination. d. Younger people are denied many basic rights. e. A law passed by Congress bans age discrimination in certain areas.
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a. The Supreme Court has declared Age to be a suspect classification |
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Which of the following statements concerning age discrimination is NOT true? a. Congress has banned most mandatory retirement policies. b. Older Americans are more active and effective in protecting their rights than are younger Americans. c. Americans under eighteen years of age are denied many basic rights granted to those who are older. d. Some observers believe children need more basic rights to protect them from abusive parents. e. The government cannot discriminate on the basis of age even if a person’s age is relevant to the job in question.
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e. the government cannot discriminate on the basis of age even if a person's age is relevant to the job in question |
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The Americans with Disabilities Act was controversial because ______. a. Republicans accused Democrats of making a political issue out of those with disabilities b. many of the required changes in physical accommodations are extremely expensive to install c. it instituted quotas for businesses regarding the hiring of those with disabilities d. supporters of the rights of the disabled did not believe the act went far enough e. it allowed significant prejudice against those with disabilities
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b. many of the required changes in physical accommodations are extremely expensive to install |
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In 1971, the Supreme Court ruled that, by law, discrimination against aliens is ______. a. permitted since they have no rights of citizenship b. never permitted c. not permitted unless the United States is involved in a war with the nation of a person’s alienage d. similar to racial and religious discrimination and requires application of the strict scrutiny test e. permitted if Congress has a rational reason for passing such a law
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d. similar to racial and religious discrimination and requires application of the strict scrutiny test. |
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______ is a heightened standard of review to assess the constitutionality of laws that limit some freedoms. a. Due process b. Strict scrutiny c. Rational basis d. Suspect classification
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d. Strict scutiny |
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The time, effort, and resources required to make a collective decision |
Transaction costs |
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the difference between what any one party prefers an what the collective body requires |
conformity costs |
