Test Bank For American Government Brief Version 11th Edition by James Q. Wilson

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Test Bank For American Government Brief Version 11th Edition by James Q. Wilson

CHAPTER 3: Civil Liberties  MULTIPLE CHOICE

1.The amendment that is probably the most important in terms of having the Bill of Rights apply to the states is the

a.

Tenth Amendment.

b.

Twelfth Amendment.

c.

Fourteenth Amendment.

d.

Twentieth Amendment.

e.

Twenty-second Amendment.

ANS: C REF: 39 NOT: Factual

2.The Fourteenth Amendment provides for

a.

equal protection only.

b.

due process and equal protection.

c.

states’ rights.

d.

due process only.

e.

habeas corpus and the elimination of ex post facto laws.

ANS: B REF: 40 NOT: Factual

3.The process of incorporation means that

a.

private individuals are not required to obey the Bill of Rights.

b.

some provisions of the Bill of Rights also govern the states.

c.

the southern states were absorbed back into the Union after the Civil War.

d.

the provisions of the Bill of Rights apply to the federal government but not to the states.

e.

the original amendments to the Constitution are applicable to state governments and all others to the federal government.

ANS: B REF: 40 NOT: Conceptual

4.In general, all of the rights in the Bill of Rights now apply to the states, except for the

a.

First and Second Amendments.

b.

Second and Fourth Amendments.

c.

Third and Fifth Amendments.

d.

Third and Fourth Amendments.

e.

Fourth and Fifth Amendments.

ANS: C REF: 40 NOT: Factual

5.In 2010, the Supreme Court ruled that the Second Amendment means one has a “right” to _________ for self-protection.

a.

“conceal and carry”

b.

keep a handgun

c.

refuse to register weapons

d.

purchase high caliber fully automatic weaponry

e.

None of the above is true.

ANS: B REF: 40 NOT: Factual

6.The fact that Americans go to court to sue one another indicates that

a.

the Constitution is a flawed document that does not protect enough rights.

b.

a second civil war could easily occur in the United States over racial issues.

c.

the people do not trust the national government to treat them fairly.

d.

rights are in conflict.

e.

power is more centralized in presidential systems.

ANS: D REF: 41 NOT: Conceptual

7.In the 1950s, the State of New York banned a film that dealt with the topic of

a.

adultery.

b.

drugs.

c.

homosexuality.

d.

murder.

e.

kidnapping.

ANS: A REF: 41 NOT: Factual

8.Which of the following has the Supreme Court considered to be “speech” deserving constitutional protection?

a.

Burning draft registration certificates

b.

Nude dancing

c.

Burning the American flag

d.

Sleeping overnight in national parks

e.

Both options B and C are true.

ANS: E REF: 41 NOT: Factual

9.The ban on unreasonable searches and seizures can be found in the

a.

First Amendment.

b.

Second Amendment.

c.

Fourth Amendment.

d.

Fifth Amendment.

e.

Tenth Amendment.

ANS: C REF: 42 NOT: Factual

10.The ban on double jeopardy can be found in the

a.

First Amendment.

b.

Second Amendment.

c.

Fourth Amendment.

d.

Fifth Amendment.

e.

Tenth Amendment.

ANS: D REF: 42 NOT: Factual

11.A bill of attainder

a.

declares a person innocent, without trial, or a crime.

b.

pardons a person of an offense before trial.

c.

removes any all records of a criminal offense.

d.

declares a person, without trial, guilty of a crime.

e.

None of the above is true.

ANS: D REF: 42 NOT: Factual

12.An ex post facto law declares an act “illegal”

a.

before the fact.

b.

after the fact.

c.

without reference to facts.

d.

if the facts are merely circumstantial.

e.

if the facts are compelling and without contradiction.

ANS: B REF: 42 NOT: Factual

13.The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the Constitution. This is known as the doctrine of

a.

prior restraint.

b.

inevitable discovery.

c.

neutrality and clarity.

d.

least means.

e.

preferred position.

ANS: E REF: 42 NOT: Conceptual

14.All the following are addressed in the First Amendment except

a.

free exercise of religion.

b.

due process of law.

c.

establishment of religion.

d.

freedom of assembly.

e.

freedom of the press.

ANS: B REF: 42 NOT: Factual

15.In free expression, neutrality refers to which of the following?

a.

The utterance of inflammatory, dangerous statements

b.

The absolute nature and unconditional status of speech

c.

The restriction of press coverage

d.

The government not favoring one group over another

e.

Political speech not being symbolic

ANS: D REF: 43 NOT: Conceptual

16.The Supreme Court’s landmark decision in New York Times v. Sullivan focused on

a.

fundamental liberties.

b.

clear and present danger.

c.

libel.

d.

obscenity.

e.

flag burning.

ANS: C REF: 43 NOT: Factual

17.The Supreme Court’s landmark decision in Miller v. California focused on

a.

fundamental liberties.

b.

clear and present danger.

c.

libel.

d.

obscenity.

e.

flag burning.

ANS: D REF: 43 NOT: Factual

18.The Supreme Court’s landmark decision in Texas v. Johnson focused on

a.

fundamental liberties.

b.

clear and present danger.

c.

libel.

d.

obscenity.

e.

flag burning.

ANS: E REF: 43 NOT: Factual

19.In general, you may make false and defamatory statements about public officials so long as you lack

a.

actual malice.

b.

presumed competence.

c.

provocative motivation.

d.

venal motivation.

e.

exceptional motive.

ANS: A REF: 43 NOT: Conceptual

20.The reason that symbolic speech does not have the same protection as actual speech is that

a.

the First Amendment allows restrictions on speech when it harms society.

b.

the First Amendment does not mention such speech.

c.

symbols cannot convey political or social messages.

d.

symbols do not require use of the spoken word, as required by the First Amendment.

e.

any illegal action could be excused as meaning to send a message.

ANS: E REF: 44 NOT: Conceptual

21.In the Des Moines “student-black-armband” case, the Supreme Court ruled that the wearing of the armbands was

a.

a form of protected speech.

b.

clearly unconstitutional.

c.

illegal when deemed so by local school authorities.

d.

proper for citizens over age twenty-one, but not for students.

e.

proper for citizens on private property.

ANS: A REF: 44 NOT: Factual

22.One reason the Nazi Party was allowed to parade through Skokie, Illinois, is that

a.

the group held an elderly man hostage and threatened to murder him.

b.

a political party is always free to march.

c.

the provocation of the march was neither severe nor person-to-person.

d.

the Nazis had promised to parade in a nonviolent fashion.

e.

freedom of speech is absolute in the United States.

ANS: C REF: 44 NOT: Factual

23.Which Supreme Court justice took the unusual position that the First Amendment protected all publications, even wholly obscene ones?

a.

Hugo Black

b.

William Rehnquist

c.

John Marshall

d.

Potter Stewart

e.

Clarence Thomas

ANS: A REF: 44 | 45 NOT: Factual

24.Which Supreme Court justice famously stated that he could not define obscenity with exceptional rigor, but insisted that he knew it when he saw it?

a.

Hugo Black

b.

William Rehnquist

c.

John Marshall

d.

Potter Stewart

e.

Clarence Thomas

ANS: D REF: 44 | 45 NOT: Factual

25.Under the current standard, the Supreme Court insists that obscenity convictions be based on contemporary __________ standards.

a.

religious

b.

regional

c.

statewide

d.

national

e.

community

ANS: E REF: 45 NOT: Factual

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