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American Government 100
Patterson. pgs. 100-118
Woll, pgs. 103-115, AG8-15
Part II
Civil Liberties
True/False Questions
1. At the time the Bill of Rights was adopted, it applied to action by both the federal government
and the states. True or False
2. Initially the Supreme Court largely ignored the due process clause, allowing states to decide
for themselves what rights their residents would have. True or False
3. In Near v. Minnesota, the Supreme upheld the right of a newspaper to regularly print defamatory
statements about blacks, Jews, Catholics, and labor union leaders after a law was passed to prevent
such language. True or False
4. As it stands, nearly all freedoms in the Bill of Rights are now national rights and under the
protection of the federal courts. True or False
5. Unlike the general public, the press has the right to libel someone if it serves the public
interest. True or False
6. People are protected from having the religious beliefs of others imposed upon them; they are
free to believe what they like. True or False
7. In the 1950s, the Supreme Court overturned the conviction of eleven members of the U.S.
Communist party who had been prosecuted under a law that made it illegal to express support for
the forceful overthrow of the U.S. government. True or False
8. Over the past six decades, which includes the Vietnam and Iraq wars, not a single individual
has been convicted solely for criticizing the government’s war policies. True or False
9. Fearing that anti-abortion protesters were abusing the rights of women attempting to enter an
abortion clinic, in 2014 the Supreme Court upheld a law that established a thirty-five feet barrier
against such protesters. True or False
10. The courts are less protective of the writer or speaker when allegations are made about a private
citizen. True or False
11. Factually accurate statements, when they are damaging to a public official's career or reputation
are not a protected form of expression. True or False
12. Parents are protected from prosecution for not providing their children with necessary medical
treatment if the parents are reacting to a religious prohibition. True or False
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13. In 2005 a federal judge barred a Pennsylvania public school district from requiring that
intelligent design be taught in science classes along with evolution. True or False
14. In District of Colombia v. Heller, the Supreme Court majority struck down a law banning
handguns in the nation’s capital, arguing that the Framers never intended to require gun owners to
be a part of a state militia. True or False
Multiple Choice Questions
1. How was the FBI able to monitor the daily activities of Antoine Jones for about one month? a)
They had attached a monitoring device on his pet dog, b) They had secretly installed a GPS tracking
device to the undercarriage of his car, c) They had coopted his mistress by forcing her to cooperate
with a promised plea bargain, d) They had successfully planted a snitch among his trusted
entourage.
2. Specific individual rights such as freedom of speech and protection against self-incrimination
that are constitutionally protected against infringement by government: a) civil rights, b) public
safety net, c) civil liberties, d) personal declarations.
3. The following have to do with whether members of differing groups—racial, sexual, religious,
and the like are treated equally by government and, in some cases, by private parties: a)
constitutional limitations, b) legal parameters, c) judicial pronouncements, d) civil rights.
4. Refers to legal protections, primarily procedural safeguards, designed to ensure that individual
rights are respected by government: a) due process, b) privileges and immunities, c) enumerated
limitations, d) full faith and credit.
5. Which amendment to the Constitution extended the protections found in the Bill of Rights to
state and local governments? a) Twelfth, b) Thirteenth, c) Fourteenth, d) Fifteenth.
6. The First Amendment provides for: a) freedom of speech and press, b) the right to bear arms,
c) protections against illegal searches and seizures, d) the right to be notified of the charge.
7. The Sixth Amendment provides for: a) protection against self-incrimination and double
jeopardy, b) no cruel and unusual punishment, c) the right to a jury trial and to an attorney, d)
freedom to assemble and associate.
8. How did Congress get the former Confederate states (minus Tennessee) to pass the Fourteenth
Amendment? a) By promising them more money to help rebuild, b) By lowering their taxes
temporarily, c) By exonerating the leaders of the Confederacy, promising not to punish them, d)
By passing the Reconstruction Act, which placed the southern states under military rule until they
did so.
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9. The beginning of the process of applying the Bill of Rights to the states in a landmark case in
1925 involving freedom of speech and press? a) Winchester v. Calhoun, b) Hardy v. New
Hampshire, c) Dexter v. United States, d) Gitlow v. New York.
10. Why did the Supreme Court overturn the conviction of Dollree Mapp (Mapp v. Ohio) in
1961? a) Mapp was wrongfully convicted for threatening a police officer, b) Mapp was arrested
after a warrantless search that disallowed the evidence, c) Prostitution was deemed an acceptable
exercise for feeding one’s family, d) the jury was tainted after the judge had unconstitutionally
disclosed Mapp’s criminal past.
11. The process by which some of the rights contained in the Bill of Rights become applicable
through the Fourteenth Amendment to actions by the state governments: a) gradual
accommodation, b) incremental inclusion, c) selective incorporation, d) supplanting doctrine.
12. What was the first attempt by the U.S. government to restrict free speech? a) Alien Retrieval
Act of 1793, b) Treasonous Act of 1789, c) Sedition Act of 1798, d) Verbal Abuse Act of 1801.
13. In what unanimous ruling of 1919 did the Supreme Court uphold the conviction of a person
passing out anti-war leaflets in violation of the Espionage Act of 1917: a) Galveston v New York, b)
Schenck v United States, c) Rafferty v Collins, d) Perkins v McCarthy.
14. According to this federal law, it is illegal to advocate the forceful overthrow of the U.S.
government: a) the Smith Act of 1940, b) the Hoover Act of 1942, c) the Public Surveillance Act
of 1919, d) The Patriot Act of 1952.
15. A judicial principle that effectively gives Americans the freedom to voice nearly any political
opinion they desire. This freedom extends to hate speech as well: a) imminent lawless action test, b)
clear-and-present-danger test, c) imminent-danger test, d) clear-and-imminent danger test.
16. In 1977, the Supreme Court ruled that an ordinance preventing a parade of the American Nazi
party from marching in Skokie, where a large population of Jews lived, was: a) constitutional
because of the evil that could arise as a result, b) unconstitutional in spite of the fact that the Nazis
had refused to pay the necessary fees, c) unconstitutional because the right of assembly takes
precedence over the mere possibility that undesirable consequences might arise, d) constitutional
because of the emotional trauma that such action would inflict of the Jewish community.
17. The Supreme Court has held that public officials can regulate the time, place, and conditions of
a public assembly provided: a) that the restrictions focus on hate and criminal groups, b) that the
limitations be directed at groups promoting un-American activities, such as Communists and Nazis,
c) that these conditions are reasonable and applied fairly, d) that the restrictions assure the public
safety while containing threats to stability and harmony.
18. The landmark 1971 Supreme Court decision that allowed for the publication of stolen and
secret government documents revealing the lies public officials used about the Vietnam War: a)
Dallas Morning Star v. Johnson, b) New York Times Co. v. United States, c) Miami Herald v.
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United States, d) Los Angeles Times v. United States.
19. The government prohibition of speech or publication before the fact: a) prior restraint, b)
sedition, c) advanced warning, d) imminent danger.
20. The doctrine of prior restraint will be applied to the following: a) to prevent the publication of
the Pentagon Papers, b) information that might compromise a military operation, c) to prohibit Klan
members from marching in a largely black community, d) specify where a theater that runs
pornographic movies will be located in a community.
21. False information that greatly harms a person's reputation is legally referred to as: a) malicious,
b) libel or slander, c) innuendo, d) a lie.
22. The First Amendment stipulates that a) Congress, b) the president, c) the government, d) the
people "shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof."
23. Government may not create an official state religion, favor one religion over another, or favor
religion over no religion: a) exclusionary rule, b) free-exercise clause, c) least means principle, d)
establishment clause.
24. A Supreme Court decision of 1962 which argued that the establishment clause prohibits the
reciting of prayers in public schools: a) Texas v. Lemon, b) Engel v. Vitale, c) Robertson v. Seventh
Day Adventists, d) Graham v. United States.
25. Though the Supreme Court has allowed a statue of Moses holding the Ten Commandments in
the rotunda of the Library of Congress building, it nonetheless required the removal of similar
displays in two Kentucky courthouses because: a) the displays in Kentucky looked amateurish
and did not include Christian symbols as well, b) the displays in Kentucky were restricted,
inaccessible to the public, c) the displays in Kentucky had only been recently installed with a
religious purpose in mind, d) the Court did not appreciate a display of the KKK and the
Confederate flag next to both Kentucky statues.
26. A judicial doctrine allowing government aid to a religious activity if no preference is shown
toward a particular religion and if the assistance is of a secular nature: a) wall of separation
doctrine, b) separation of religious doctrine, c) accommodation doctrine, d) religious adjustment
doctrine.
27. What has the Supreme Court said about government involvement with church-affiliated
schools? a) public funds can be used to subsidize teacher salaries, b) states can pay for math,
science, and other secular textbooks, c) public funds can be used to build church-affiliated schools,
d) tax-supported vouchers cannot be used to attend religious schools.
28. The Supreme Court’s most significant departure from its wall-of- separation doctrine came in
a 2002 decision which upheld an Ohio law that allows students in Cleveland’s failing public
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schools to receive a tax-supported voucher to attend a private or religious school: a) Archibald v.
Browning, b) Zelman v. Simmons-Harris, c) Johnson v. Toledo, d) Goldstein v. Ohio.
29. The following clause has been interpreted to mean that Americans are free to hold any
religious belief of their choosing: a) establishment, b) equal protection, c) free exercise, d) full
faith and credit.
30. In 2014, the Supreme Court majority held that a corporation with a few owners could deny
contraceptives to female employees in their health insurance coverage if it violated the owner’s
religious beliefs: a) Billingsley v. Seven Eleven, b) Burwell v. Hobby Lobby Stores, c) Contreras
v. Stop-N-Go, d) Montgomery v. Toys United.
31. According to Justice John Paul Stevens, the Heller decision was based on: a) was well reasoned
that was based on historical fact, b) an ideological and dangerously distorted view that guns should
never be regulated, c) the success of the gun lobby to corrupt what actually serves the public
interest, d) a purely partisan position that ignored the Framer’s intent.
32. In McDonald v. Chicago (2010), the Supreme Court: a) provided clear and comprehensive
guidelines on which gun restrictions are constitutionally permissible, b) did not provide clear or
comprehensive guidelines on which restrictions are constitutionally permissible and which are not,
c) argued that plastic guns and bullets, silencers, and machine guns can be owned by private parties,
d) majority said that “arms” cannot be restricted to only guns when interpreting the Second
Amendment.
Fill-in Questions
1. In 1925, how did the Supreme Court change course by invoking the Fourteenth Amendment in
a case involving a state government?
a) it upheld New York’s law making it ________ to advocate the ________ __________
of the U.S. government.
b) it ruled that _______ do not have complete power over what their residents can legally
____.
c) that freedom of speech and of the press … are among the ____________ personal
rights and liberties’ protected by the ____ _________ clause of the Fourteenth
Amendment from impairment by the states.
2. During the 1960s, the Supreme Court ruled that defendants in state criminal proceedings:
a) must be provided a _______ in felony cases if they cannot afford to hire one,
b) cannot be compelled to ________ against themselves,
c) have the right to ______ _______ and to have legal ________ at the time of arrest,
d) have the right to _________ witnesses who testify against them,
e) must be granted a _______ trial…
3. What are areas of speech that are not protected?
a) You are free to say almost anything except that which is ________,
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b) _________ another person, or
c) has a high probability of _________ others to take _________ lawless action.
4. Based on the Supreme Court decision of 1971 (Lemon v Kurtzman), what is the three-point test
that lays out the parameters for government involvement with religion?
a) the policy must have a ____________ purpose;
b) its principal or primary effect must be one that neither _________ nor _________
religion;
c) the statute must not foster “an excessive ___________ ____________ with religion.
5. In 1987, the Court overturned a Louisiana law deciding that:
a) creationism be taught along with the theory of __________ in public school science
courses.
b) concluding that creationism is a __________ _________, not a ___________ _______;
and that
c) its inclusion in public school curricula violates the ______________ _______ by
promoting a religious belief.
The Nationalization of the Bill of Rights
Woll, pgs. 103-109
1. Originally, the Bill of Rights were applicable at the federal level, not at the state level. True or
False
2. Which amendment to the Constitution specifies that those powers not delegated to the federal
government, will be assumed by the states and the people? a) Nine, b) Ten, c) Eleven, d) Twelve
3. Under the federal system each member of the community is both a citizen of the United States
and the state in which he or she resides. True or False
4. In what Supreme Court decision did Justice Marshall affirm that the Bill of Rights were only
applicable at the federal level? a) Barron v Baltimore, b) Betts v Baltimore, c) Powell v Alabama,
d) Griswald v Connecticut
5. The Fourteenth Amendment specifies that:
a) All persons born or naturalized in the United States … are _________ of the United
States ….
b) "No state shall make or enforce any law which abridge the ___________ and
___________ of citizens of the United States;
c) nor shall any state deprive any person of life, liberty, or _________, without due
process of law;
d) nor deny to any person ... the ______ ___________ of the laws."
6. According to Woll, the Fourteenth Amendment was clear and unequivocal in restricting state
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action, requiring little clarification by the Supreme Court. True or False
7. The history of the Fourteenth Amendment suggests that it was originally designed to protect
the legal and political rights of: a) women, b) Jews, c) African Americans, d) all Americans.
8. As a result of the Slaughterhouse Cases (1873), a) the Bill of Rights could be made applicable
to the states, b) the privileges and immunities clause of the 14th Amendment altered the authority
of the states over the latter's citizens, c) allowed for speech, not action to be protected by the
national government at the state level, d) did nothing to limit the authority of the states in
determining the rights and privileges of their citizens.
9. In Gitlow v New York (1925), what area/areas of the Bill of Rights did the Supreme Court
decide were applicable at the state level? a) the area of the right to counsel, specified in
Amendment Six, b) the areas of speech and press of the First Amendment, c) the areas of
religion, specified in the free exercise and establishment clauses, specified in the First
Amendment, d) the area of association, specified in the assembly clause of the First Amendment.
10. The Gitlow and the later, Near decisions were limited because they only incorporated two
specific areas of the First Amendment, not other major portions of the Bill of Rights. True or
False
11. According to Woll, what areas of the Bill of Rights have not been incorporated at the state
level?
a) Grand _____ indictment
b) trial by jury for ______ cases
c) the right to _____ _____
d) protection against excessive _____ and ______
e) protection against the involuntary quartering of _______ in private
homes.
12. What was the landmark Supreme Court decision which finally nationalized the right to
counsel in all serious criminal cases at the state level via the due process clause of the Fourteenth
Amendment? a) Miranda v Arizona, b) Scott v Sanford, c) Brown v Powell, d) Gideon v
Wainwright.
Gideon v Wainwright
Woll, pgs. 110-115
1. When Clarence Gideon was arrested and charged with breaking into a poolroom, he requested
an attorney. True or False
2. At the time of the Gideon trial, the state of Florida provided attorneys for the following cases:
a) misdemeanors, b) felonies, c) capital offenses, d) under no circumstances.
3. According to Justice Black, the following case was strikingly similar to the Gideon case: a)
Powell v Bradley, b) Betts v Brady, c) Livingston v Arnold, d) Rodriguez v Smith.
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4. Gideon sought release by habeas corpus, alleging that he had been denied the right to
assistance of counsel in violation of the Fourteenth Amendment's a) privileges and immunities
clause, b) equal protection clause, c) full faith and credit clause, d) due process clause.
5. The Sixth Amendment provides for the following:
a) You have a right to a ________ and _______ trial.
b) You have a right to be __________ of the ________
c) You have a right to ________.
d) You have a right to be tried in the _________ or state where the crime occurred.
e) You have a right to face your _________, and present favorable __________.
f. You have a right to an _________ jury.
Answers
Patterson, pgs. 100-118
True or False
1. False
3. True
5. False
7. False
9. False
11. False
13. True
Multiple Choice Questions
1. b
3. d
5. c
7. c
9. d
11. c
13. b
15. a
17. c
19. a
21. b
23. d
25. c
27. b
29. c
31. d
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Fill-in Questions
1. a) illegal, violent overthrow, b) states, say, c) fundamental, due process
3. a) obscene, b) slanders, c) inciting, imminent
5. a) evolution, b) religious doctrine, scientific theory, c) establishment clause
Woll, pgs. 103-109
1. True
3. True
5. a) citizens, b) privileges, immunities, c) property, d) equal protection
7. c
9. b
11. a) jury, b) civil, c) bear arms, d) bail, fines, e) troops
Woll, pgs. 110-115
1. True
3. b
5. a) speedy, public, b) notified charges, c) counsel, d) district, e) accusers, witnesses, f)
unbiased.
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