Q&A Hero

Q: In Brown v. Board of Education of Topeka (1954), the U.S. Supreme Court a. declared that minorities have no rights to equal treatment. b. ruled that segregation of races in the public schools is unconstitutional. c. prohibited the national government from taking action against local school boards. d. allowed that segregation for educational purposes is constitutional. e. declared that African Americans could be denied the right to a college education.

Q: An attempt to maintain white supremacy included a. lynching. b. the Civil Rights Act of 1866. c. the Civil Rights Act of 1875. d. the Civil Rights Cases of 1883. e. the Enforcement Act of 1870.

Q: A poll tax was used toa. prevent northern immigrants from moving to the South and voting in local elections.b. determine who was intelligent enough to vote.c. exclude poor African Americans, as well as poor whites, 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.

Q: The tests commonly administered as a precondition for voting were called a. poll tests. b. constitutional exams. c. literacy tests. d. primary tests. e. registration tests.

Q: The ______ kept blacks from voting in the Democratic Party's primaries. a. grandfather clause b. white primary c. separate-but-equal doctrine d. literacy tests e. poll tax

Q: In the 1944 case of Smith v. Allwright, the United States Supreme Court ruled the ______ to be a violation of the Fifteenth Amendment.a. literacy testb. poll taxc. grandfather claused. white primarye. black primary

Q: U.S. laws that required separate drinking fountains, separate seats in theaters, and separate waiting rooms for the two races were known as a. personal liberty laws. b. illegal laws. c. anti-civil-rights laws. d. civil rights laws. e. "Jim Crow" laws.

Q: The doctrine that was born of the Plessy v. Ferguson case was known as a. equal opportunity. b. affirmative action. c. separate-but-equal. d. full equality under the law. e. equal suffrage.

Q: In Plessy v. Ferguson, the Court held thata. African Americans are not U.S. citizens.b. the Fourteenth Amendment enforced social equality.c. schools are not allowed to segregate on the basis of race.d. social segregation did not violate the Constitution.e. Homer Plessy's legal position was a valid one.

Q: The Supreme Court's ruling in the Civil Rights Cases of 1883 meant that a. discriminatory official actions taken by the states were not illegal. b. discriminatory acts of private citizens were not illegal. c. interfering with a citizen's right to vote was now a federal offense. d. interfering with a citizen's right to vote was still illegal, but could only be punished with a small fine. e. it was only illegal to discriminate against minors.

Q: The Reconstruction statutes, or civil rights acts, ultimately a. did little to secure equality for African Americans. b. created lasting equality for African Americans. c. made it more difficult for African Americans to achieve equality. d. resulted in more political involvement for African Americans. e. nullified the Thirteenth and Fourteenth Amendments.

Q: Which of the following statements concerning the Civil Rights Act of 1866 is FALSE?a. It implemented the extension of citizenship to anyone born in the United States.b. It gave African Americans full equality before the law.c. It authorized the President to enforce the law with the national armed forces.d. It was quickly vetoed by President Andrew Johnson.e. It was passed to attempt to enforce the Thirteenth, Fourteenth, and Fifteenth Amendments.

Q: What are the Miranda rights? What exceptions have been allowed to these rights?

Q: What basic rights do all Americans accused of a crime have? Are they uniformly enforced across racial, ethnic, or gender lines? Why or why not?

Q: What rights do immigrants have? Address both legal and illegal noncitizens. How have these rights changed in recent decades?

Q: Given Supreme Court rulings that declared parts of the USA Patriot Act unconstitutional, has the issue of government intrusion into the private lives of Americans been resolved? Why or why not?

Q: Explain in detail how the "right to privacy" evolved into the issue of abortion and indicate the legal problems that have developed since the Roe v. Wade decision by the Court in 1973.

Q: Define slander and libel and describe the differences between them. Discuss how the protections against them are applied differently to different members of society.

Q: Explain what symbolic speech is and give examples of Supreme Court decisions on this type of speech.

Q: Under which circumstances is the government able to interfere with freedom of speech?

Q: Discuss the establishment clause and give examples of Supreme Court rulings based on this clause.

Q: How has the Fourteenth Amendment and the idea of selective incorporation affected the Bill of Rights? Provide examples.

Q: The exclusionary rule is a policy thata. prohibits the admission of illegally seized evidence at trial.b. prohibits the arresting officer from serving as a character witness at a hearing or trial.c. prohibits the detention of a suspect for more than forty-eight hours without the suspect being charged.d. is limited to the federal courts.e. was ruled unconstitutional in 1914.

Q: An individual's trial rights include all of the following EXCEPT a. the right to an impartial jury selected from a cross-section of the community. b. the right to a speedy and public trial before a jury. c. the right not to be subject to lengthy questioning. d. no compulsory self-incrimination. e. a trial atmosphere free of prejudice.

Q: In ___________, the Supreme Court held that if a person accused of a felony cannot afford an attorney, one must be made available to the accused at the government's expense. a. United States v. Jones b. Lemon v. Kurtzman c. Washington, D.C. v. Heller d. Miranda v. Arizona e. Gideon v. Wainwright

Q: A writ of habeas corpus is an order that requiresa. jailers to bring a prisoner before a court and explain why they are being held.b. prisoners to be provided with legal counsel.c. prisoners to be informed of their right to remain silent.d. police to find the dead body in order for a court to deliver a murder conviction.e. prisoners to be provided with an opportunity to confess.

Q: 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. negotiable bail. e. prompt arraignment.

Q: In Reno v. American-Arab Anti-Discrimination Committee, the Supreme Court ruled that aliens have a. the right to object to deportation only if they have been in the United States for ten years or more. b. the right to object to deportation only if they have children born in the United States. c. no Fourth Amendment protection against unreasonable search and seizure. d. no First Amendment rights to object to deportation. e. all the First Amendment rights granted to U.S. citizens.

Q: In 1903, the Supreme Court ruled that the government could not deport someone withouta. giving them ninety days notice.b. a special type of hearing with less strict due process standards than those set forth in the Constitution.c. a hearing that meets constitutional due process standards.d. informing their family.e. ensuring they will be safe in their home country.

Q: Shortly after September 11, 2001, President George W. Bush issued an executive order authorizing the ______ to conduct secret surveillance without court warrants. a. Immigration and Customs Enforcement Agency (ICE) b. Department of Homeland Security (DHS) c. Central Intelligence Agency (CIA) d. Federal Bureau of Investigation (FBI) e. National Security Agency (NSA)

Q: Legislation that allows the government to conduct "roving" wiretaps has raised issues under the a. time, place, and manner test. b. First Amendment. c. conflict-with-legitimate-governmental-or-social-interests test. d. "fighting words" test. e. clear and present danger test.

Q: With regard to physician-assisted suicide, the Supreme Court has said thata. 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. the Constitution protects a person's right to make all decisions regarding his or her death.e. it is permissible in all jurisdictions.

Q: In 2000, the Supreme Court addressed the abortion issue directly when it reviewed a Nebraska law banning a. first trimester abortions. b. "partialbirth" abortions. c. abortions in cases of incest or rape. d. abortions for women under the age of eighteen. e. the "morningafter" pill.

Q: The 1994 Freedom of Access to Clinic Entrances Act a. was found unconstitutional by the Supreme Court. b. prohibits protestors from blocking entrances to abortion clinics. c. required public hospitals to provide abortions. d. failed to pass in Congress. e. required clinics to provide multiple entrances for abortion seekers.

Q: In Webster v. Reproductive Health Services, the Supreme Court ruled that states maya. ban the use of public hospitals for performing abortions.b. require public employees to assist in abortions.c. ban second trimester abortions even if the woman's life is at risk.d. require a waiting period of twenty-four hours.e. prevent teenagers from obtaining contraceptives without parental consent.

Q: According to the Supreme Court ruling in Roe v. Wade, which of the following restrictions may the state place on abortions? a. During the first trimester, the state can prevent some abortions for reasons relating to the mother's health. b. During the second trimester, the state can prevent all abortions. c. During the third trimester, the state cannot regulate abortion except to require that it be performed by a doctor. d. During the third trimester, the state may regulate or outlaw abortions except when necessary to preserve the life or health of the mother. e. The states may place no restrictions on abortions.

Q: Before the latter half of the nineteenth century, abortion wasa. legal at any point before the onset of labor.b. a criminal offense at any point in the pregnancy.c. not a criminal offense before the first movement of the fetus in the uterus.d. not a criminal offense if the woman's husband agreed to it.e. completely unregulated by the legal system.

Q: In Griswold v. Connecticut, the Supreme Court held that a. prohibiting contraceptives violated a right to personal privacy. b. laws banning contraceptives are legal. c. abortion was illegal. d. parts of the Fourteenth, Fifteenth, and Sixteenth Amendments contributed to a constitutional right to privacy. e. abortion became more likely to be illegal as a pregancy advanced to term.

Q: The type of media that has the least First Amendment protection is a. motion pictures. b. radio and television broadcasting. c. newspapers. d. magazines. e. self-published pamphlets.

Q: Gag orders have been used toa. prohibit one criminal from testifying against another.b. restrict the publication of news about a pretrial hearing.c. restrict what a juror may say to the press after the trial.d. restrict what evidence must be shown to defense lawyers.e. prevent publication of obscene material depicting bondage.

Q: For a public official to obtain damages 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 their chances for reelection were completely lost because of the article. d. prove the statement was made with actual malice. e. present the same type of evidence that a private person would be required to offer.

Q: When a person has either knowledge of a defamatory statement's falsity or a reckless disregard for the truth, he or she is said to have a. actual malice. b. malignant intent. c. creative license. d. unauthorized information. e. criminal intent.

Q: Libel isa. the amount of insurance one must have on a motor vehicle.b. defamation in writing.c. printed material that cannot be proved true.d. untrue rumors spread by word-of-mouth.e. another word for slander.

Q: In the area of freedom of speech, which of the following is NOT true? a. High schools can impose restrictions on speech that are not allowed in colleges. b. High school officials may censor school publications. c. Some universities have prohibited "hate speech." d. Campus speech restrictions have usually been ruled unconstitutional. e. The Supreme Court ruled that universities may not impose mandatory student activity fees.

Q: Slander is a. an attempt to do bodily harm. b. the public uttering of 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 offense.

Q: Defamation of character is defined asa. committing obscene acts using another person's name.b. publishing false statements about a person in a newspaper, book, or magazine.c. hate speech.d. making false statements about famous people.e. wrongfully hurting a person's good reputation.

Q: The Communications Decency Act (CDA) 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.

Q: At the federal level, the Child Online Protection Act (COPA) of 1990 made it a crime to a. create sexually explicit illustrations of children. b. distribute child pornography overseas. c. offer child pornography that does not actually exist. d. knowingly receive sexually explicit depiction of children through the mail. e. sell child pornography on the Internet.

Q: In Osborne v. Ohio, the Supreme Court ruled that states can outlaw the possession of child pornography in the homea. because owning the material perpetuates commercial demand for it and for the exploitation of children involved.b. to protect children who may be living in the home.c. because it universally violates community standards.d. because it encourages deviant and exploitive behavior.e. because it employs graphics, as opposed to mere text.

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

Q: Obscenity was legally defined by Chief Justice Burger in a. United States v. Williams. b. Osborne v. Ohio. c. Reno v. American Civil Liberties Union. d. Miller v. California. e. Flynt v. Falwell.

Q: Some claim that the United States did not achieve true freedom of ______ until 1969, when the Supreme Court overturned the conviction of a Ku Klux Klan leader in Brandenburg v. Ohio.a. symbolic speechb. commercial speechc. hate speechd. political speeche. the press

Q: 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. e. repeat criminal offenders could be preemptively detained.

Q: 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 dangerous condition that Congress has the power to prevent.

Q: Advertising statements are known asa. unprotected speech.b. commercial speech.c. symbolic speech.d. profit-seeking speech.e. public speech.

Q: The Flag Protection Act of 1989 a. is the constitutional amendment that prohibits flag burning. b. was a Texas state law prohibiting the burning of the American flag. c. is an example of legislation made possible by the establishment clause. d. was a bill that failed to pass in Congress. e. was ruled unconstitutional by the Supreme Court.

Q: Which of the following best defines symbolic speech? a. Vaguely worded speech b. Unprotected speech c. Nonverbal expression d. Obscenity e. Hate speech

Q: The New York Times v. United States casea. affirmed the no-prior-restraint doctrine.b. upheld the government's right to provide the public with information about Vietnam.c. punished the New York Times for publishing secret documents.d. affirmed the free speech of students in public schools.e. ruled against the right of newspapers to protect their reporters' identities.

Q: Which of the following best describes prior restraint? a. Refusing to read a suspect's Miranda rights. b. Restraining activities in the process of occurring. c. Restraining an activity after that activity has actually occurred. d. Restraining an activity before that activity has actually occurred. e. Detaining people before they appear before a judge.

Q: The free exercise clause guarantees a. the free exercise of religion. b. the free exercise of armed self-defense. c. free speech, particularly as related to religious beliefs. d. freedom to choose private education paid for by the state. e. the free endorsement of candidates by religious groups.

Q: All of the following are true about religious displays on public property EXCEPT thata. court cases over these issues have been ruled upon under the establishment clause.b. religious displays have been allowed in certain situations.c. displays of a crche at Christmastime may be allowed if secular displays are also being shown.d. nativity scenes have been allowed as stand-alone displays.e. acceptability of displays of the Ten Commandments depends on whether the context is overtly religious.

Q: State and local attempts to forbid the teaching of evolution in schools a. have not passed constitutional muster in the eyes of the Supreme Court. b. are a recent development, occurring only in the past decade. c. have been successful about half of the time. d. have been permanently halted by the Epperson v. Arkansas Supreme Court case. e. are brought about by concerns over shortages of science teachers.

Q: In Engel v. Vitale (1962), the Supreme Court ruled that a. established guidelines for school prayers is ok. b. the Regents' Prayer used in New York public schools was constitutional. c. if school prayer did not refer to God, then it's constitutional. d. government is not constitutionally allowed to compose official prayers. e. parents must be involved in the composition of any school prayers.

Q: State funding to private or parochial schools has raised issues involving the _______ of the Constitution.a. First Amendment.b. Second Amendment.c. Third Amendment.d. Fourth Amendment.e. Fifth Amendment.

Q: All of the following concerning the Lemon v. Kurtzman case is true EXCEPT a. government aid to religious schools is constitutional. b. the nature of government aid to schools must be secular. c. government aid to schools could not have the primary effect of advancing or inhibiting religion. d. government, in aiding schools, cannot become excessively entangled with religion. e. government aid to religious schools has to be religious in nature.

Q: In the Everson v. Board of Education case, the Supreme Court held that a. school prayer is legal. b. no tax can be levied to support any religious activities or institutions. c. government-funded schools may support religion. d. states may take action against people practicing their religion. e. state or federal government authorities may participate in the affairs of religious groups.

Q: The part of the First Amendment prohibiting the national government from interfering with religious practices is called thea. church-state separation clause.b. diversity clause.c. free exercise clause.d. religious freedom clause.e. establishment clause.

Q: Incorporation theory refers to a. the view that the Bill of Rights applies to the states as well as the Federal Government. b. when corporations are treated as people in terms of free speech in political campaigns. c. what allows the government to practice eminent domain. d. when state constitutions are used exclusively to define civil rights. e. what destroyed the glass ceiling as it related to women in the 1970s.

Q: The Supreme Court held that the Fourteenth Amendment protected freedom of speech from state infringement in the _________ case. a. Schenk v. United States b. McCulloch v. Maryland c. Gibbons v. Ogden d. Gitlow v. New York e. Marbury v. Madison

Q: It was not until the _______ was ratified that the Bill of Rights began to be applied to the states.a. Twelfth Amendmentb. Thirteenth Amendmentc. Fourteenth Amendmentd. Fifteenth Amendmente. Sixteenth Amendment

Q: Before 1868, The Bill of Rights a. applied to people's rights relative to the Federal Government, but not to people's rights relative to the states wherein they resided. b. applied to people's rights relative to the Federal Government as well as the states. c. applied to people's rights relative to the states. d. limited the power of state governments. e. included two amendments that were proposed but never ratified.

Q: Which of the following BEST defines civil liberties? a. Civil liberties are not particularly important. b. Civil liberties restrain the actions of government against individuals. c. Civil liberties allow the government the liberty to do what it likes. d. Civil liberties are values that libertarians do little to try to defend. e. Civil liberties are guaranteed at the state level, but not the federal level.

Q: Since the ratification of the Constitution, there has been controversy between the federal government and state governments about the appropriate division of power. Explain how the federal government has gained power at the expense of state governments. Indicate what state governments could do to regain power from the federal government.

Q: Explain why liberals have traditionally endorsed national authority.

Q: Compare and contrast the categorical and block grants. How do federal mandates have an impact on the states? How can different types of federal grants be used to influence states' policies?

Q: Describe the effects of the Civil War on states' rights and the size of the national government.

Q: Explain the important issues in McCulloch v. Maryland and Gibbons v. Ogden. What has been the impact of these decisions on the relationship between the federal and state governments?

Q: From 1801"1835, the Supreme Court was headed by Chief Justice John Marshall, a Federalist who advocated a strong central government. Using cases heard by the Supreme Court during that period, show how John Marshall's political beliefs affected the relationship between states and the federal government.

Q: Why is there a concern in some states with the full faith and credit provision of the Constitution if some states allow gay marriages?

Q: Analyze the provisions of full faith and credit, privileges and immunities, and extradition in the U. S. Constitution. What do they have in common? How are they different?