Review -- B Part 5 The Bill of Rights and Civil Liberties

Review -- B Part 5 The Bill of Rights and Civil Liberties

1) Which of the following arguments represents the best reason why a bill of rights was added to the Constitution? a. The Federalists felt that the central government would not protect the citizens b. The Anti-Federalists believed that the masses needed to know what their rights were c. Ratification of the Constitution included a bill of rights was supported by both the Federalists and Anti-Federalists d. Key states insisted on a bill of rights prior to approving the Constitution e. The Anti-Federalists felt that the Constitution alone protected citizens from abuses of the central government

Question reflects a political rather than a philosophical reason, why the B of R was added to the Constitution. NY insisted that a bill of rights be included in the Constitution Until Anti-Federalists received a commitment that a bill of rights would be included, they were prepared to vote against the Constitution

2) Which of the following decisions made by Chief Justice John Marshall’s Court established the principle that the Bill of Rights only applied to the federal government? a. Marbury v. Madison b. McCulloch v. Maryland c. Gibbons v. Ogden d. Barron v. Baltimore e. Fletcher v. Peck

Barron v. Baltimore est. the B of R did not have to apply to the individual states. For a citizen to argue a deprivation of rights, the state had to also have in its constitution a bill of rights. Most state, did in fact, provide for protection for their citizens

3) The Supreme Court decision Gitlow v. New York established the principle that a. There was no relationship between the Fourteenth Amendment and the Bill of Rights b. Free speech was not protected by the Bill of Rights c. Incorporation of the Bill of Rights in state cases was allowed d. There was an indirect relationship between the Fourteenth Amendment and the Bill of Rights e. Judicial review could take place in state cases by the Supreme Court

Gitlow v. New York - 1925 (First Red Scare) - The Espionage & Sedition Acts (1917 & 1918). Gitlow convicted of publishing a left wing manifesto. Conviction upheld, on the “clear and present danger” test

4) The establishment clause of the First Amendment speaks of a. An officially sanctioned nonsectarian religion for the United States b. A wall of separation between church & state c. Government not being able to accommodate religion in public places d. Government agencies creating watchdog committees to prevent religious infringement in the schools e. The passage of the equal access law

Establishment clause has two parts • Congress cannot pass laws establishing a religion • guarantees the free exercise of religious beliefs • The concept of the wall of separation developed, which set down a test to guarantee noninvolvement by the government, but allowed accommodation and protected individual rights to practice and follow a religion

5) Which of the following Supreme Court cases established the “clear and present danger” doctrine? a. Schenck v. United States b. Texas v. Johnson c. Chaplinsky v. New Hampshire d. Abrams v. New York e. Tinker v. Des Moines

Schenck, during WWI, established in times of national emergency, the gov’t has the right to take away an individual’s civil liberties if the action of the individual presents a clear and present danger to the country and its citizens.

6) The terms prior review and prior restraint refer to which of the following constitutional principles? a. Freedom of the press b. Freedom of speech c. Freedom of assembly d. Due process e. Freedom to petition one’s grievances

Prior review; allows an authority to look over the content of a story before it is published Prior restraint; gives that authority the right to prevent the printing of a story in the newspaper The Courts have generally prevented the government from acting as censor. Exception for student newspapers

7) The Lemon test is used to determine if a. There is unfair government interference regarding free speech b. The government is acting properly in due process cases c. There are illegal tactics used by PACs d. Death penalty convictions are fair and reasonable e. Legislation that deals with religion creates illegal government interference

Lemon v. Kurtzman, a three pronged test to determine if there is excessive government intrusion in establishing religion. • The purpose of the legislation must be secular • primary effect must neither establish nor restrict religion • must avoid an excessive entanglement of government with religion

8) The principle established by the Supreme Court in the case of Tinker v. Des Moines states that a. Schools can act in loco parentis b. Student rights did not stop at the schoolhouse gate c. Principals have the right to censor student publications d. Student symbolic speech may be censored by school officials even if it does not create a disruption e. Principles have the right to suspend students without a hearing

Tinker dealt with student free speech in relation to the Vietnam War, and the wearing of black armbands in protest. Symbolic speech, but it expanded the application of the Bill of Rights to students.

9) The principle established in the Supreme Court case of Texas v. Johnson was based on a. Religious speech b. Active speech c. Symbolic speech d. Fighting words e. Government accommodation of speech

The right of Johnson to burn an American flag as a symbol of protest against the Reagan administration’s foreign policy. 5-4 decision supported the right to use the flag as a symbol of political discontent

10) Critics of the Brady Bill and the 1994 Crime Bill point to which of the following principles? a. The due process guarantee of the Fifth and Fourteenth Amendments b. Congress having broad power to regulate guns c. Property rights of the Fifth & Fourteenth Amendments d. The right to bear arms section of the Second Amendment e. The cruel & unusual punishment provision of the Eighth Amendment

Both acts have clauses that place restrictions on the right to bear arms, a waiting period and registration procedure before an individual can purchase a gun Crime bill banned a number of assault type weapons

11) In the case of Mapp v. Ohio, the Supreme Court established a. The exclusionary rule b. The fighting words doctrine c. The bad tendency doctrine d. The prurient interest principle e. The stop and frisk rule of evidence

Mapp est. the exclusionary rule of evidence to state cases. Prevents police from introducing evidence obtained without a proper search warrant Gives Fourth and Fourteenth Amendment protection to the accused in state cases

12) Which of the following cases used the Ninth Amendment as a constitutional argument? a. Griswold v. Connecticut b. Collins v. Smith c. Cox v. New Hampshire d. Engle v. Vitale e. Roe v. Wade

Ninth Amendment rarely used in Supreme Court cases, referred to as the elastic clause of the Bill of Rights guaranteeing citizens other rights that are not listed in the Bill of Rights. Roe v Wade used the “to be secure in their persons” to a woman’s right to decide whether or not to have an abortion.

13) All of the following steps are part of procedural due process EXCEPT a. Habeas corpus b. Formal indictment c. Speedy trial d. Right to an attorney e. A jury made up of different ethnic groups

Procedural due process; Fifth, Sixth, Seventh and Fourteenth Amendments, which take the accused from arrest to trial • Choice e goes beyond the provisions for a jury of one’s peers

14) The intent of the decision made in Miranda v. Arizona was a. The guarantee to accused persons that law enforcement agencies videotape confessions b. To tie the hands of the police after they arrest a suspect c. To allow the federal government to tighten its criminal laws d. To allow state governments to obtain confessions more easily e. To guarantee due process rights of the accused

15) The “right to die” is an implicit right found in which part of the Constitution? a. The elastic clause b. The due process clause c. The Fourteenth Amendment d. The Ninth Amendment e. The Fifth Amendment

The Ninth Amendment’s expansion of right given to individuals, though implied.

The End of Part 5

Review -- B Part 5 The Bill of Rights and Civil Liberties