Question 1

Those prosecuted under the were later pardoned by President Thomas Jefferson.

Accepted Answer

A)   Alien and Sedition Act
B)   Espionage Act
C)   clear and present danger test
D)   bad tendency rule
E)   Smith ActF) A) and C)
G) C) and D)

Question 2

It is the that determines where freedom of speech ends and the right of society to be protected from certain forms of speech begins.

Accepted Answer

A)   Bill of Rights
B)   the U.S. Supreme Court
C)   the First Amendment to the U.S. Constitution
D)   state legislatures
E)   CongressF) C) and D)
G) A) and E)

Question 3

The process of applying liberties guaranteed in the U.S. Constitution to the states is called .

Accepted Answer

A)   amendment
B)   judicial review
C)   devolution
D)   incorporation
E)   due processF) C) and E)
G) B) and D)

Question 4

The Fifth Amendment

Accepted Answer

A)   includes a requirement that no warrant for a search or an arrest be issued without probable cause.
B)   guarantees a speedy trial and a trial by jury.
C)   includes a protection against self-incrimination.
D)   includes a protection from unreasonable searches and seizures.
E)   includes a right for criminal defendants to confront witnesses.F) C) and E)
G) B) and D)

Question 5

The First Amendment is enforceable against .

Accepted Answer

A)   governments
B)   private corporations
C)   individuals
D)   churches
E)   All of the above are true.F) D) and E)
G) None of the above

Question 6

A key function of the Bill of Rights is to

Accepted Answer

A)   protect the rights of government.
B)   preserve the will of the majority against the actions of the minority.
C)   protect the rights of those in the minority against the will of the majority.
D)   specify what the government must do to ensure equal protection under the law for all Americans.
E)   delegate power to the Supreme Court to have the final say on how the Constitution should be interpreted.F) A) and C)
G) A) and E)

Question 7

of the U.S. Constitution provides that a writ of habeas corpus will be available to all citizens except in times of rebellion or national invasion.

Accepted Answer

A)   Article I, Section 9
B)   Article II, Section 2
C)   Article III, Section 1
D)   The First Amendment
E)   The Fifth AmendmentF) D) and E)
G) A) and B)

Question 8

In , the Supreme Court outlined a three-part test to determine whether government aid to parochial schools violates the establishment clause.

Accepted Answer

A)   Hazelwood School District v. Kuhlmeier (1988) 
B)   Miller v. California (1973) 
C)   Lemon v. Kurtzman (1971) 
D)   Roe v. Wade (1973) 
E)   Schenck v. United States (1919) F) B) and E)
G) A) and D)

Question 9

State leaders favored the establishment clause to

Accepted Answer

A)   ensure that the national government did not interfere with the state governments' right to establish a religion.
B)   reduce the influence of religion in government and politics at every level.
C)   ensure that national government could firmly direct and influence the public expression of religious ideas.
D)   prohibit the government from supporting religion in general.
E)   allow the establishment of God-centered oaths of office for public officials.F) A) and B)
G) All of the above

Question 10

The protection against "unreasonable searches and seizures" is found in the

Accepted Answer

A)   Third Amendment
B)   Fourth Amendment
C)   Fifth Amendment
D)   Eighth Amendment
E)   Tenth AmendmentF) B) and D)
G) D) and E)

Question 11

Stopping expression before it happens is known as .

Accepted Answer

A)   intimidation
B)   preferred position
C)   government police powers
D)   protection of the public good
E)   prior restraintF) B) and E)
G) A) and B)

Question 12

due process requires that any governmental decision to take life, liberty, or property be made equitably.

Accepted Answer

A)   Procedural
B)   Programmatic
C)   Strategic
D)   Substantive
E)   OperationalF) A) and B)
G) A) and C)

Question 13

Which of the following is NOT part of the test the Supreme Court developed in Miller v. California (1973)  to determine if a book or film is legally obscene?

Accepted Answer

A)   The average person applying contemporary community standards finds that the work taken as a whole appeals to the prurient interest.
B)   The work taken as a whole lacks serious literary or artistic value.
C)   The work depicts or describes, in a patently offensive way, a form of sexual conduct specifically defined by applicable state law.
D)   The work taken as a whole is offensive or disturbing.
E)   The work taken as a whole lacks serious political or scientific value.F) B) and C)
G) B) and D)

Question 14

Under the , the government may restrict expression if that expression would cause a dangerous condition, actual or imminent, that Congress has the power to prevent.

Accepted Answer

A)   clear and present danger test
B)   Lemon test
C)   preferred-position doctrine
D)   bad tendency rule
E)   exclusionary ruleF) A) and B)
G) A) and D)

Question 15

The current Supreme Court doctrine for assessing the constitutionality of subversive speech is the

Accepted Answer

A)   "I know it when I see it" test.
B)   "Bong Hits 4 Jesus" test.
C)   "shouting fire in a theatre" test.
D)   imminent lawless action test.
E)   dangerous tendency rule.F) A) and B)
G) B) and D)

Question 16

In Everson v. Board of Education (1947) , the Supreme Court

Accepted Answer

A)   held that Congress could no longer open its sessions with prayers.
B)   set the precedent that all forms of state aid to church-related schools are forbidden under the Constitution.
C)   affirmed the position that all public references to God are prohibited.
D)   held that government officials may not take an oath of office in the name of God.
E)   both affirmed the importance of separating church and state and set the precedent that not all forms of government aid to church-related schools are forbidden under the Constitution.F) A) and E)
G) None of the above

Question 17

Which of the following forms of speech is never protected under the First Amendment?

Accepted Answer

A)   Acts of fraud
B)   Sedition and treason
C)   Symbolic
D)   Flag burning
E)   Speech that facilitates liquor consumptionF) A) and D)
G) A) and B)

Question 18

A(n)  punishes individuals for committing an act that was legal when the act was committed.

Accepted Answer

A)   bill of attainder
B)   "National Security Letter"
C)   writ of habeas corpus
D)   ex post facto law
E)   warrant based on probable causeF) A) and E)
G) A) and C)

Question 19

The Bill of Rights became part of the Constitution in .

Accepted Answer

A)   1776
B)   1787
C)   1791
D)   1896
E)   1925F) A) and E)
G) A) and B)

Question 20

In the Supreme Court ruled that a state law prohibiting the teaching of evolution is unconstitutional.

Accepted Answer

A)   Everson v. Board of Education (1947) 
B)   Engel v. Vitale (1962) 
C)   Stone v. Graham (1980) 
D)   Epperson v. Arkansas (1968) 
E)   Lemon v. Kurtzman (1971) F) A) and B)
G) B) and E)

Exam 4: Civil Liberties

State leaders favored the establishment clause to

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Those prosecuted under the were later pardoned by President Thomas Jefferson.

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Which of the following forms of speech is never protected under the First Amendment?

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of the U.S. Constitution provides that a writ of habeas corpus will be available to all citizens except in times of rebellion or national invasion.

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The protection against "unreasonable searches and seizures" is found in the

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In Everson v. Board of Education (1947) , the Supreme Court

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Under the , the government may restrict expression if that expression would cause a dangerous condition, actual or imminent, that Congress has the power to prevent.

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In , the Supreme Court outlined a three-part test to determine whether government aid to parochial schools violates the establishment clause.

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Stopping expression before it happens is known as .

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Which of the following is NOT part of the test the Supreme Court developed in Miller v. California (1973) to determine if a book or film is legally obscene?

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The First Amendment is enforceable against .

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A(n) punishes individuals for committing an act that was legal when the act was committed.

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due process requires that any governmental decision to take life, liberty, or property be made equitably.

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The Fifth Amendment

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The process of applying liberties guaranteed in the U.S. Constitution to the states is called .

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A key function of the Bill of Rights is to

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The current Supreme Court doctrine for assessing the constitutionality of subversive speech is the

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It is the that determines where freedom of speech ends and the right of society to be protected from certain forms of speech begins.

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In the Supreme Court ruled that a state law prohibiting the teaching of evolution is unconstitutional.

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The Bill of Rights became part of the Constitution in .

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