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Gateways to Democracy An Introduction to American Government 3rd Edition by John G. Geer – Test Bank
Sample Questions
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| CHAPTER_02_The_Constitution
Multiple Choice |
1. A _______ is the fundamental law undergirding the structure of government.
| |
a. |
parliament |
| |
b. |
social contract |
| |
c. |
constitution |
| |
d. |
congress |
| |
e. |
federal system |
| ANSWER: |
c |
| REFERENCES: |
32 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
2. In a modern democracy, a __________ sets forth the basic rules and procedures for how the people shall be governed, including the powers and structure of the government, as well as the rights retained by the people.
| |
a. |
charter |
| |
b. |
constitution |
| |
c. |
bill |
| |
d. |
treaty |
| |
e. |
legislature |
| ANSWER: |
b |
| REFERENCES: |
32 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Conceptual |
|
3. Unlike most modern constitutions, the British constitution is comprised of _______ that developed over time.
| |
a. |
a single document |
| |
b. |
a series of decrees by the monarch |
| |
c. |
several philosophical texts |
| |
d. |
a series of judicial decrees |
| |
e. |
a series of documents |
| ANSWER: |
e |
| REFERENCES: |
32 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Conceptual |
|
4. By the late eighteenth century, British subjects believed that the British constitution guaranteed them certain rights, including the right to be tried by a jury of their peers and
| |
a. |
the right to free speech. |
| |
b. |
the right to free assembly. |
| |
c. |
the right to keep and bear arms. |
| |
d. |
the right to religious freedom. |
| |
e. |
the right not to be taxed without their consent. |
| ANSWER: |
e |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Conceptual |
|
5. The __________established a tax on virtually all forms of paper used by the colonists.
| |
a. |
Sugar Act of 1764 |
| |
b. |
Paper Act of 1764 |
| |
c. |
Stamp Act of 1765 |
| |
d. |
Tea Tax Act of 1789 |
| |
e. |
Sedition Acts |
| ANSWER: |
c |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
6. In response to the Stamp Act the colonists reacted angrily by doing all of the following EXCEPT
| |
a. |
dumping tea into Boston Harbor. |
| |
b. |
forming trade associations. |
| |
c. |
organizing boycotts. |
| |
d. |
publishing pamphlets. |
| |
e. |
rioting against Stamp Act collectors. |
| ANSWER: |
a |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
7. Britain repealed the Stamp Act in 1766 and replaced it with the __________, which then imposed taxes on various imports.
| |
a. |
Stamp Act II |
| |
b. |
Coercive Acts |
| |
c. |
Townshend Acts |
| |
d. |
Intolerable Acts |
| |
e. |
Currency Acts |
| ANSWER: |
c |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
8. Led by Samuel Adams, the Massachusetts legislature issued a letter declaration that the Townshend Acts were unconstitutional because they violated which principle?
| |
a. |
“life, liberty, and the pursuit of happiness” |
| |
b. |
“life, liberty, and property” |
| |
c. |
“no taxation without liberty, peace, and prosperity” |
| |
d. |
“no taxation without representation” |
| |
e. |
none of these |
| ANSWER: |
d |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Conceptual |
|
9. Who said “Give me liberty or give me death”?
| |
a. |
Samuel Adams |
| |
b. |
George Washington |
| |
c. |
Patrick Henry |
| |
d. |
John Hancock |
| |
e. |
Edmund Burke |
| ANSWER: |
c |
| REFERENCES: |
33 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
10. As opposed to the American colonists who allowed greater participation and representation to free adult males, the British took a more ________ view.
| |
a. |
expansive |
| |
b. |
limited |
| |
c. |
expressive |
| |
d. |
public |
| |
e. |
reactionary |
| ANSWER: |
b |
| REFERENCES: |
33-34 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
11. As tensions rose, the colonists continued to resist the Townshend Acts through boycotting. The British responded by doing all of the following EXCEPT
| |
a. |
dissolving the Massachusetts legislature. |
| |
b. |
seizing a ship owned by John Hancock. |
| |
c. |
conscripting colonists into the British military. |
| |
d. |
firing on a threatening crowd. |
| |
e. |
sending troops to occupy Boston. |
| ANSWER: |
c |
| REFERENCES: |
34 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
12. The Coercive Acts
| |
a. |
gave the royal governor the right to select the upper house of the Massachusetts legislature. |
| |
b. |
set forth a long list of items that could be exported only to Great Britain. |
| |
c. |
established a tax on virtually all forms of paper used by the colonists. |
| |
d. |
gave the royal governor the right to search private homes. |
| |
e. |
did all of these. |
| ANSWER: |
a |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
13. Benjamin Franklin proposed a congress in order for the colonist to present a more unified front. This congress met in 1774 and is called
| |
a. |
the U.S. Congress. |
| |
b. |
the diet. |
| |
c. |
Bundestag. |
| |
d. |
Parliament. |
| |
e. |
the First Continental Congress. |
| ANSWER: |
e |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
14. __________ acted as the common government of the states between 1775 and 1781.
| |
a. |
The First Continental Congress |
| |
b. |
The Second Continental Congress |
| |
c. |
Parliament |
| |
d. |
The U. S. Supreme Court |
| |
e. |
George Washington |
| ANSWER: |
b |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
15. Who wrote the influential pamphlet Common Sense, which called for independence from Britain?
| |
a. |
Samuel Adams |
| |
b. |
Patrick Henry |
| |
c. |
Thomas Paine |
| |
d. |
Edmund Burke |
| |
e. |
John Hancock |
| ANSWER: |
c |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
16. John Locke suggests people have certain natural (or inalienable) rights that government cannot take away, including the right to life, liberty, and property. In the Declaration of Independence, Thomas Jefferson substituted “__________” in place of “property.”
| |
a. |
order |
| |
b. |
just compensation |
| |
c. |
national security |
| |
d. |
the pursuit of happiness |
| |
e. |
interstate commerce |
| ANSWER: |
d |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
17. The Declaration of Independence
| |
a. |
declared the right of the people to alter or abolish government. |
| |
b. |
declared the colonies’ independence from Britain. |
| |
c. |
contained a stirring call for equality and human rights. |
| |
d. |
contained a stirring call for public participation in government. |
| |
e. |
did all of these. |
| ANSWER: |
e |
| REFERENCES: |
35 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
18. The Declaration of Independence listed grievances against __________, including the suspension of popularly elected colonial legislatures, taxing without representation, and trials without juries.
| |
a. |
King George II |
| |
b. |
King George III |
| |
c. |
Queen Elizabeth |
| |
d. |
George Washington |
| |
e. |
Thomas Jefferson |
| ANSWER: |
b |
| REFERENCES: |
36 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
19. The United States of America was formally established under which document?
| |
a. |
Magna Carta |
| |
b. |
Declaration of Independence |
| |
c. |
Articles of Confederation |
| |
d. |
Constitution of the United States |
| |
e. |
All of these |
| ANSWER: |
c |
| REFERENCES: |
36 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
20. Due to the fear of a powerful central government, the Articles of Confederation emphasized _______ over order.
| |
a. |
the right of secession |
| |
b. |
the power of the people |
| |
c. |
freedom from national authority |
| |
d. |
a strong central government |
| |
e. |
strong civil liberties |
| ANSWER: |
c |
| REFERENCES: |
36 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
21. Under the Articles of Confederation, Congress had full authority over
| |
a. |
foreign affairs. |
| |
b. |
military affairs. |
| |
c. |
Indian affairs. |
| |
d. |
boundary and other disputes between the states. |
| |
e. |
all of these. |
| ANSWER: |
e |
| REFERENCES: |
36 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
22. Under the Articles of Confederation, Congress was granted powers that were _______ in scope and authority.
| |
a. |
narrow |
| |
b. |
broad |
| |
c. |
enumerated |
| |
d. |
powerful |
| |
e. |
all-encompassing |
| ANSWER: |
a |
| REFERENCES: |
36 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
23. The limited scope of power afforded to Congress under the Articles of Confederation included all but which of the following?
| |
a. |
Each state had one vote in Congress. |
| |
b. |
No national judiciary existed. |
| |
c. |
Congress needed consent from 9 of the 13 states to pass any legislation. |
| |
d. |
A single state such as Rhode Island could block the passage of an amendment. |
| |
e. |
Congress did not have the power to regulate Indian affairs. |
| ANSWER: |
e |
| REFERENCES: |
36-37 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Applied |
|
24. A Revolutionary War hero and several thousand distressed farmers forced courts to close and threatened federal arsenals in what became known as
| |
a. |
the Boston Tea Party. |
| |
b. |
the Boston Massacre. |
| |
c. |
Shays’ Rebellion. |
| |
d. |
Bloody Thursday. |
| |
e. |
the Farmers Rebellion. |
| ANSWER: |
c |
| REFERENCES: |
37 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
25. __________ helped convince the states that, in addition to the Articles’ other problems, neither the federal nor the state governments could maintain order.
| |
a. |
The Boston Tea Party |
| |
b. |
Shays’s Rebellion |
| |
c. |
The Boston Massacre |
| |
d. |
Bloody Thursday |
| |
e. |
The Farmers Rebellion |
| ANSWER: |
b |
| REFERENCES: |
37 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
26. Which was the only state to decline the invitation to all thirteen states to meet in Philadelphia to consider revising the Articles of Confederation?
| |
a. |
Delaware |
| |
b. |
Massachusetts |
| |
c. |
New York |
| |
d. |
North Carolina |
| |
e. |
Rhode Island |
| ANSWER: |
e |
| REFERENCES: |
37 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.1 – LO1 |
| NOTES: |
Factual |
|
27. Some of the issues that confronted the delegates to the Philadelphia convention included several areas of compromise, including
| |
a. |
large state versus small state representation. |
| |
b. |
the power to make international treaties. |
| |
c. |
the power to regulate interstate commerce. |
| |
d. |
the ability to legislate the slavery. |
| |
e. |
all of these. |
| ANSWER: |
a |
| REFERENCES: |
38 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Conceptual |
|
28. The ________ Plan proposed a strong central government that could act without the states acting as intermediaries, a two-chamber legislative branch, a national executive, a national judiciary, and a council of revision.
| |
a. |
Madison |
| |
b. |
New Jersey |
| |
c. |
Virginia |
| |
d. |
Hamilton |
| |
e. |
Rhode Island |
| ANSWER: |
c |
| REFERENCES: |
38 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
29. Under the Virginia Plan, __________ would have final approval over all legislative acts.
| |
a. |
a council of revision |
| |
b. |
a council of governors |
| |
c. |
a national executive |
| |
d. |
a national judiciary |
| |
e. |
Parliament |
| ANSWER: |
a |
| REFERENCES: |
38-39 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
30. Under the Virginia Plan, each legislative chamber would have representation proportional to the population of the states, meaning that
| |
a. |
the smaller the population, the more representation a state would have. |
| |
b. |
each state would have equal representation regardless of size. |
| |
c. |
each state would vie for representation in open national elections. |
| |
d. |
the larger the population, the more representation a state would have. |
| |
e. |
none of these statements are true. |
| ANSWER: |
d |
| REFERENCES: |
38-39 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Conceptual |
|
31. The ______ Plan would have strengthened the Articles by allowing Congress the authority to regulate commerce, create a national executive chosen by the legislature, and create a national judiciary chosen by the executive.
| |
a. |
Virginia |
| |
b. |
Washington |
| |
c. |
Delaware |
| |
d. |
Hamilton |
| |
e. |
New Jersey |
| ANSWER: |
e |
| REFERENCES: |
39 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
32. Under the New Jersey Plan, each state would have equal representation, meaning that
| |
a. |
regardless of population, each state would have an equal say in Congress. |
| |
b. |
states with larger populations would have a larger say in Congress. |
| |
c. |
states with smaller populations would have less of a say in Congress. |
| |
d. |
states with a higher population of slaves would have a larger say in Congress. |
| |
e. |
none of these statements are true. |
| ANSWER: |
a |
| REFERENCES: |
39 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Conceptual |
|
33. Under the Connecticut Compromise,
| |
a. |
the House of Representatives would be proportional to population, but the Senate would represent each state equally. |
| |
b. |
the Senate would be proportional to population, but the House of Representatives would represent each state equally. |
| |
c. |
the House of Representatives and the Senate would have equal representation. |
| |
d. |
the House of Representatives and the Senate would have proportional representation. |
| |
e. |
Connecticut would be considered a state. |
| ANSWER: |
a |
| REFERENCES: |
39 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
34. Under the new Constitution, Congress was not granted general legislative power, but rather, __________ powers, that is, an explicit list of powers in which it could engage.
| |
a. |
absolute |
| |
b. |
enumerated |
| |
c. |
inherent |
| |
d. |
implied |
| |
e. |
necessary |
| ANSWER: |
b |
| REFERENCES: |
40 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
35. Which of the following was among the list of Congressional powers?
| |
a. |
the authority to tax to provide for the general welfare |
| |
b. |
the authority to regulate commerce among the states and with foreign nations |
| |
c. |
the authority to borrow money |
| |
d. |
the authority to declare war, raise armies, and maintain a navy |
| |
e. |
all of these |
| ANSWER: |
e |
| REFERENCES: |
40 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
36. Among the enumerated powers granted to Congress under the Constitution, the ____________ powers were missing from the Articles.
| |
a. |
tax and spend |
| |
b. |
tax and commerce |
| |
c. |
commerce and Indian affairs |
| |
d. |
general welfare and tax |
| |
e. |
declare war and make peace |
| ANSWER: |
b |
| REFERENCES: |
40 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Applied |
|
37. Congress did not receive the authority to veto state laws, but the Constitution declared that
| |
a. |
states can nullify national laws. |
| |
b. |
state and national laws would have equal standing. |
| |
c. |
national law would be supreme. |
| |
d. |
state law would be supreme. |
| |
e. |
two-thirds of the states could veto national law. |
| ANSWER: |
c |
| REFERENCES: |
40 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Applied |
|
38. The Constitution explicitly limits state authority from all of the following EXCEPT
| |
a. |
collecting taxes. |
| |
b. |
making treaties with foreign nations. |
| |
c. |
coining money. |
| |
d. |
creating bills of attainder. |
| |
e. |
creating ex post facto laws. |
| ANSWER: |
a |
| REFERENCES: |
40 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Applied |
|
39. Slavery existed in every state EXCEPT
| |
a. |
Connecticut. |
| |
b. |
Massachusetts. |
| |
c. |
New Jersey. |
| |
d. |
New York. |
| |
e. |
Tennessee. |
| ANSWER: |
b |
| REFERENCES: |
41 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
40. Under the _______, states were granted extra representation based on the number of slaves they held.
| |
a. |
slavery population clause |
| |
b. |
equal population compromise |
| |
c. |
three-fifths compromise |
| |
d. |
five-eighths compromise |
| |
e. |
census clause |
| ANSWER: |
c |
| REFERENCES: |
41 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
41. Not all northern delegates at the Convention opposed slavery, but those who were __________ wanted an immediate ban on importing slaves from Africa, prohibitions against the expansion of slavery into the western territories, and the adoption of a plan for the gradual freeing of slaves.
| |
a. |
abolitionists |
| |
b. |
absolutists |
| |
c. |
prohibitionists |
| |
d. |
secessionists |
| |
e. |
all of these |
| ANSWER: |
a |
| REFERENCES: |
41 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Conceptual |
|
42. The Framers did not trust the people, so they created which two important gates against popular influence?
| |
a. |
the selection of judges and the election of the Senate |
| |
b. |
the election of the House and the selection of ambassadors |
| |
c. |
the election of the president and the election of the House |
| |
d. |
the election of the president and the election of the Senate |
| |
e. |
none of these |
| ANSWER: |
d |
| REFERENCES: |
42 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Applied |
|
43. Rather than directly electing the president through a popular vote, the Constitution created the ________, in which the president is indirectly chosen by electors.
| |
a. |
College of the Cardinals |
| |
b. |
Proportional Representation |
| |
c. |
Electoral Council |
| |
d. |
Council of Representatives |
| |
e. |
Electoral College |
| ANSWER: |
e |
| REFERENCES: |
42 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
44. Who initially chose the manner for selecting the electors from each state?
| |
a. |
governor |
| |
b. |
state legislature |
| |
c. |
president |
| |
d. |
House of Representatives |
| |
e. |
Senate |
| ANSWER: |
b |
| REFERENCES: |
42 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Factual |
|
45. The indirect election of senators was intended to serve as a check on
| |
a. |
state legislatures. |
| |
b. |
the Senate. |
| |
c. |
popular will. |
| |
d. |
the president. |
| |
e. |
all of these. |
| ANSWER: |
c |
| REFERENCES: |
42 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.2 – LO2 |
| NOTES: |
Conceptual |
|
46. The Constitution established a bicameral Congress, which means that
| |
a. |
it is popularly elected. |
| |
b. |
all members are elected every two years. |
| |
c. |
it consists of two chambers. |
| |
d. |
all hearings are opened to the public. |
| |
e. |
all hearings are closed to the public. |
| ANSWER: |
c |
| REFERENCES: |
44 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Conceptual |
|
47. The sole power of impeachment belongs to
| |
a. |
the House of Representatives. |
| |
b. |
the Senate. |
| |
c. |
the Supreme Court. |
| |
d. |
the Council of Impeachers. |
| |
e. |
the states. |
| ANSWER: |
a |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
48. The Senate has the sole authority to
| |
a. |
try cases of impeachment. |
| |
b. |
ratify treaties. |
| |
c. |
confirm executive branch appointments. |
| |
d. |
confirm judicial branch appointments. |
| |
e. |
do all of these. |
| ANSWER: |
e |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
49. The Constitution provides the president with a general grant of ___________ and certain specific powers.
| |
a. |
legislative powers |
| |
b. |
executive powers |
| |
c. |
judicial powers |
| |
d. |
war powers |
| |
e. |
police powers |
| ANSWER: |
b |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Applied |
|
50. The president appoints federal judges with the advice and consent of the
| |
a. |
House of Representatives. |
| |
b. |
Senate. |
| |
c. |
people. |
| |
d. |
state legislatures |
| |
e. |
judiciary. |
| ANSWER: |
b |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
51. The Constitution vests all judicial authority of the United States in one ____________ and other inferior courts.
| |
a. |
Appeals Court |
| |
b. |
Court of Recusal |
| |
c. |
Supreme Court |
| |
d. |
District Court |
| |
e. |
Constitutional Court |
| ANSWER: |
c |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
52. Federal judges are appointed for a term of “good behavior,” which means that they hold their seats
| |
a. |
for a term of six years. |
| |
b. |
at the pleasure of the president. |
| |
c. |
for a term of twenty years. |
| |
d. |
for life. |
| |
e. |
for none of these. |
| ANSWER: |
d |
| REFERENCES: |
45 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Conceptual |
|
53. In the historical case Marbury v. Madison, the Supreme Court first exercised its authority to strike down laws passed by Congress, which is known as
| |
a. |
basic law. |
| |
b. |
advisory opinion. |
| |
c. |
judicial oversight. |
| |
d. |
stare decisis. |
| |
e. |
judicial review. |
| ANSWER: |
e |
| REFERENCES: |
46 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
54. One way to amend the Constitution allows __________ of the states to request a national constitutional convention that can propose amendments that go into effect when approved by __________ of the states.
| |
a. |
two-thirds; three-fourths |
| |
b. |
three-fourths; two-thirds |
| |
c. |
two-thirds; all |
| |
d. |
three-fourths; all |
| |
e. |
all; three-fourths |
| ANSWER: |
a |
| REFERENCES: |
46 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
55. According to James Madison, __________ is (are) the primary means of ensuring that government is responsive to the wishes of the people.
| |
a. |
the president |
| |
b. |
factions |
| |
c. |
elections |
| |
d. |
the Supreme Court |
| |
e. |
Congress |
| ANSWER: |
c |
| REFERENCES: |
48 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Conceptual |
|
56. All powers not granted to Congress remain with the states, as made explicit in the __________ Amendment to the Constitution.
| |
a. |
Fourth |
| |
b. |
Sixth |
| |
c. |
Ninth |
| |
d. |
Tenth |
| |
e. |
Thirteenth |
| ANSWER: |
d |
| REFERENCES: |
48-49 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.3 – LO3 |
| NOTES: |
Factual |
|
57. By the time the state ratifying conventions started meeting, two distinct camps had formed: those who supported the Constitution called __________, and those who opposed the Constitution, who became known as __________.
| |
a. |
Nationalists; Secessionists |
| |
b. |
Nationalists; Abolitionists |
| |
c. |
Federalists; Antifederalists |
| |
d. |
Federalists; Secessionists |
| |
e. |
Federalists; Abolitionists |
| ANSWER: |
c |
| REFERENCES: |
51 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.4 – LO4 |
| NOTES: |
Factual |
|
58. Which amendments are referred to as the Civil War Amendments?
| |
a. |
Eleventh, Twelfth, and Thirteenth Amendments |
| |
b. |
Thirteenth, Fourteenth, and Fifteenth Amendments |
| |
c. |
Sixteenth, Seventeenth, and Eighteenth Amendments |
| |
d. |
Nineteenth, Twentieth, and Twenty-First Amendments |
| |
e. |
Twenty-First, Twenty-Second, and Twenty-Third Amendments |
| ANSWER: |
b |
| REFERENCES: |
56 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.5 – LO5 |
| NOTES: |
Conceptual |
|
59. Constitutional amendments have increased access to government in all of these ways EXCEPT
| |
a. |
ensuring equal rights for all regardless of race or gender. |
| |
b. |
ensuring voting rights for women. |
| |
c. |
allowing for the direct election of senators. |
| |
d. |
ensuring equal protection under the law. |
| |
e. |
abolishing slavery. |
| ANSWER: |
a |
| REFERENCES: |
57 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.2.5 – LO5 |
| NOTES: |
Applied |
|
60. In 1961, the __________ gave residents of the District of Colombia the right to vote in presidential elections.
| |
a. |
Kennedy decision |
| |
b. |
Twenty-Sixth Amendment |
| |
c. |
Nineteenth Amendment |
| |
d. |
Twenty-Third Amendment |
| |
e. |
United States v. Nixon decision |
| ANSWER: |
d |
| REFERENCES: |
57 |
| NOTES: |
Conceptual |
|
61. Explain the key concepts in the Declaration of Independence.
| ANSWER: |
Answers may vary. |
|
62. Characterize the delegates to the Constitutional Convention.
| ANSWER: |
Answers may vary. |
|
63. Explain how amendments get proposed and ratified.
| ANSWER: |
Answers may vary. |
|
64. Characterize the Federalists and Antifederalists.
| ANSWER: |
Answers may vary. |
|
65. List the major rights protected by the Civil War Amendments.
| ANSWER: |
Answers may vary. |
|
66. Why didn’t the Articles of Confederation work as a governing document?
| ANSWER: |
Answers may vary. |
|
67. Why did the Constitutional Convention delegates establish three branches of government?
| ANSWER: |
Answers may vary. |
|
68. Why does the Constitution divide and separate powers?
| ANSWER: |
Answers may vary. |
|
69. What is the purpose of checks and balances?
| ANSWER: |
Answers may vary. |
|
70. What is the significance of judicial review?
| ANSWER: |
Answers may vary. |
|
71. Explain the implied powers of Congress and where they gain authority in the Constitution.
| ANSWER: |
Answers may vary. |
|
| 72. Discuss why the Constitution did not originally contain a Bill of Rights.
| ANSWER: |
Answers may vary. |
|
73. Explain the reason(s) why Congress was prohibited from stopping the slave trade until 1808.
| ANSWER: |
Answers may vary. |
|
74. Explain the Electoral College.
| ANSWER: |
Answers may vary. |
|
75. Define republic.
| ANSWER: |
Answers may vary. |
|
76. Explain the influence of John Locke’s ideas on the Declaration of Independence.
| ANSWER: |
Answers may vary. |
|
77. Explain the controversy over proportional versus equal representation at the Constitutional Convention of 1787.
| ANSWER: |
Answers may vary. |
|
78. How did the Constitution set explicit limits on state authority?
| ANSWER: |
Answers may vary. |
|
79. Compare the U.S. and British constitutional systems in regards to direct and indirect gateways for popular involvement.
| ANSWER: |
Answers may vary. |
|
80. Discuss the issues in Marbury v. Madison and the power that the Supreme Court used in making its decision.
| ANSWER: |
Answers may vary. |
|
81. Identify the arguments used by the large states and small states during the Constitutional Convention, and explain the nature of the compromise that was made.
| ANSWER: |
Answers may vary. |
|
82. Provide a brief summary of the arguments of both the northern and southern states concerning slavery in the Constitution, and explain the nature of the compromise that was made.
| ANSWER: |
Answers may vary. |
|
83. Briefly identify the deficiencies in the Articles of Confederation, and explain how they were rectified in the Constitution.
| ANSWER: |
Answers may vary. |
|
84. Who were the Federalists and Antifederalists? Briefly describe what each group stood for.
| ANSWER: |
Answers may vary. |
|
85. Explain the arguments that occurred during the Constitutional Convention concerning the issue of representation. Make sure that you include discussions of the arguments presented by large states, small states, northern states, and southern states, as well as the compromises that ensued as a result.
| ANSWER: |
Answers may vary. |
|
| CHAPTER_04_Civil_Liberties
Multiple Choice |
1. Those rights that are so fundamental that they are outside the authority of government to regulate are known as
| |
a. |
civil liberties. |
| |
b. |
civil rights. |
| |
c. |
direct freedoms. |
| |
d. |
negative freedoms. |
| |
e. |
positive freedoms. |
| ANSWER: |
a |
| REFERENCES: |
102 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
2. The _________ consists of the first ten amendments to the Constitution.
| |
a. |
Basic Law |
| |
b. |
Bill of Rights |
| |
c. |
Rights Code |
| |
d. |
Magna Carta |
| |
e. |
Rule of Law |
| ANSWER: |
b |
| REFERENCES: |
102 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
3. The Bill of Rights placed into law some of the natural or inalienable rights that Thomas Jefferson spoke about in the
| |
a. |
Articles of Confederation. |
| |
b. |
Declaration of Independence. |
| |
c. |
International Bill of Rights. |
| |
d. |
pamphlet Common Sense. |
| |
e. |
Magna Carta. |
| ANSWER: |
b |
| REFERENCES: |
102 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
4. If a majority wishes to abridge rights, it often falls to the __________, which is not designed to be responsive to public desires, to protect those rights.
| |
a. |
bureaucracy |
| |
b. |
executive branch |
| |
c. |
legislature |
| |
d. |
judiciary |
| |
e. |
president |
| ANSWER: |
d |
| REFERENCES: |
103 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Conceptual |
|
5. In a World War I speech case, Justice Oliver Wendell Holmes wrote that speech was not absolute, such as a person does not have the right to falsely shout _____ in a crowded theater.
| |
a. |
”bomb” |
| |
b. |
”this is a stick up” |
| |
c. |
”fire” |
| |
d. |
”gun” |
| |
e. |
none of these |
| ANSWER: |
c |
| REFERENCES: |
103 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Applied |
|
6. Too much freedom can lead to__________, a state in which everyone does as he or she chooses without regard to others.
| |
a. |
anarchy |
| |
b. |
aristocracy |
| |
c. |
democracy |
| |
d. |
oligarchy |
| |
e. |
tyranny |
| ANSWER: |
a |
| REFERENCES: |
103 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Conceptual |
|
7. Too much order can lead to __________, a state in which the people are not free to make decisions about the private aspects of their lives.
| |
a. |
anarchy |
| |
b. |
aristocracy |
| |
c. |
democracy |
| |
d. |
oligarchy |
| |
e. |
tyranny |
| ANSWER: |
e |
| REFERENCES: |
104 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Conceptual |
|
8. The courts have consistently ruled that speech codes
| |
a. |
are constitutional. |
| |
b. |
violate the First Amendment. |
| |
c. |
violate the Fourth Amendment. |
| |
d. |
violate the full faith and credit clause. |
| |
e. |
violate the interstate commerce clause. |
| ANSWER: |
b |
| REFERENCES: |
104 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
9. The articles of the Constitution protect civil liberties in all of the following EXCEPT
| |
a. |
writ of habeas corpus. |
| |
b. |
ex post facto laws. |
| |
c. |
bills of attainder. |
| |
d. |
bills of libel. |
| |
e. |
trial by jury. |
| ANSWER: |
d |
| REFERENCES: |
104 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Applied |
|
10. The right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal, is known as
| |
a. |
bill of attainder. |
| |
b. |
ex post facto law. |
| |
c. |
eminent domain. |
| |
d. |
right of the accused. |
| |
e. |
writ of habeas corpus. |
| ANSWER: |
e |
| REFERENCES: |
104 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
11. The Constitution protects the right to
| |
a. |
trial by jury. |
| |
b. |
freedom of expression. |
| |
c. |
freedom of press. |
| |
d. |
freedom of assembly. |
| |
e. |
all of these. |
| ANSWER: |
e |
| REFERENCES: |
104-105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
12. As originally written, the Bill of Rights limited the activities of
| |
a. |
both the national and state governments. |
| |
b. |
neither the national nor the state governments. |
| |
c. |
the national government, not the state governments. |
| |
d. |
the national government, and the thirteen colonies. |
| |
e. |
the state governments, not the national government. |
| ANSWER: |
c |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
13. The Supreme Court applied the provisions of the Bill of Rights to the states through the process of
| |
a. |
emancipation. |
| |
b. |
dispersion. |
| |
c. |
incorporation. |
| |
d. |
ratification. |
| |
e. |
reification. |
| ANSWER: |
c |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
14. The potential for the application of the Bill of Rights to the states began with the passage of the __________ Amendment in 1868, which adds several restrictions on what the states can do.
| |
a. |
Eleventh |
| |
b. |
Twelfth |
| |
c. |
Thirteenth |
| |
d. |
Fourteenth |
| |
e. |
Fifteenth |
| ANSWER: |
d |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
15. What process did the Supreme Court settle on to incorporate provisions of the Bill of Rights as binding on the states?
| |
a. |
due process |
| |
b. |
fundamental incorporation |
| |
c. |
habeas corpus |
| |
d. |
selective incorporation |
| |
e. |
total incorporation |
| ANSWER: |
d |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
16. All of the following rights have been incorporated EXCEPT
| |
a. |
quartering of soldiers. |
| |
b. |
keeping and bearing arms. |
| |
c. |
freedom of speech. |
| |
d. |
unreasonable search and seizure. |
| |
e. |
double jeopardy. |
| ANSWER: |
a |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
17. Beginning in 1897, the Supreme Court slowly began to use the protection of “life, liberty, or property” in the Fourteenth Amendment’s __________ clause to incorporate some of the provisions of the Bill of Rights as binding on the states.
| |
a. |
due process |
| |
b. |
equal protection |
| |
c. |
full faith and credit |
| |
d. |
interstate commerce |
| |
e. |
presentation |
| ANSWER: |
a |
| REFERENCES: |
105 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
18. Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides
| |
a. |
that the government has a compelling interest in passing the law. |
| |
b. |
that the law is narrowly drawn to meet the governmental interest. |
| |
c. |
that the law relates to interstate commerce. |
| |
d. |
that the law relates to federal spending. |
| |
e. |
that the government has a compelling interest and the law is narrowly drawn to meet it. |
| ANSWER: |
e |
| REFERENCES: |
106 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.1 – LO1 |
| NOTES: |
Factual |
|
19. During times of war, the government’s increased concern for order and citizens’ increased concerns about security generally find civil liberties being
| |
a. |
expanded. |
| |
b. |
limited. |
| |
c. |
neutral. |
| |
d. |
replaced. |
| |
e. |
ignored. |
| ANSWER: |
b |
| REFERENCES: |
106 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Applied |
|
20. The Sedition Act of 1798 made it illegal to
| |
a. |
speak against foreign governments. |
| |
b. |
speak positively about the government. |
| |
c. |
keep and bear arms. |
| |
d. |
speak against the government. |
| |
e. |
exercise the freedom of press. |
| ANSWER: |
d |
| REFERENCES: |
107 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Applied |
|
21. During World War I, Congress passed the __________ Act of 1917, which made it a crime to obstruct military recruiting.
| |
a. |
Espionage |
| |
b. |
Freedom |
| |
c. |
Sedition |
| |
d. |
Smith |
| |
e. |
USA PATRIOT |
| ANSWER: |
a |
| REFERENCES: |
107 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
22. Justice Oliver Wendell Holmes referred to the idea that government should not restrict the expression of ideas because the people are capable of accepting good ideas and rejecting bad ones as the
| |
a. |
marketplace of ideas. |
| |
b. |
chilling zone of ideas. |
| |
c. |
constitutional penumbras. |
| |
d. |
marketplace of speech. |
| |
e. |
writ of certiorari. |
| ANSWER: |
a |
| REFERENCES: |
108 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
23. The crackdown on socialists, Communists, and other radicals was called the __________ and peaked after radicals exploded eight bombs, including one at the house of the U.S. Attorney General, A. Mitchell Palmer.
| |
a. |
Cold War |
| |
b. |
Blue Scare |
| |
c. |
Red Scare |
| |
d. |
Red Rebellion |
| |
e. |
War on Terror |
| ANSWER: |
c |
| REFERENCES: |
108 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
24. During the McCarthy Era, Congress banned the __________ Party and membership therein, and held hearings investigating individual citizens’ political views and personal associations.
| |
a. |
Democratic |
| |
b. |
Communist |
| |
c. |
Libertarian |
| |
d. |
Red |
| |
e. |
Republican |
| ANSWER: |
b |
| REFERENCES: |
108 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
25. In the mid-1960s, __________, the counterintelligence program of the Federal Bureau of Investigation (FBI), infiltrated and disrupted groups that expressed opposition to mainline American policies, including antiwar groups, civil rights groups, left-wing groups, and white supremacy groups.
| |
a. |
ATF |
| |
b. |
CIA |
| |
c. |
COINTELPRO |
| |
d. |
NASA |
| |
e. |
TSA |
| ANSWER: |
c |
| REFERENCES: |
109 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Applied |
|
26. After the terrorist attacks of September 11, 2001, Congress passed the __________ Act, which overturned many of the COINTELPRO reforms, by allowing greater sharing of intelligence information and enhancing law enforcement’s ability to tap telephone and e-mail communications.
| |
a. |
Espionage |
| |
b. |
Freedom |
| |
c. |
Sedition |
| |
d. |
Smith |
| |
e. |
USA PATRIOT |
| ANSWER: |
e |
| REFERENCES: |
109 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
27. In a case involving U.S. citizen Jose Padilla, the Supreme Court ruled that citizens could not be
| |
a. |
held without a warrant. |
| |
b. |
held indefinitely. |
| |
c. |
held without a trial. |
| |
d. |
held without habeas corpus. |
| |
e. |
none of these. |
| ANSWER: |
b |
| REFERENCES: |
109-110 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Applied |
|
28. The Supreme Court has ruled that Congress must authorize hearings to determine the legality of the detention of even foreign enemy combatants and that such hearings must be consistent with the __________, an international treaty that protects the rights of prisoners of war.
| |
a. |
Copenhagen Accords |
| |
b. |
Geneva Conventions |
| |
c. |
Law of War |
| |
d. |
Kyoto Protocol |
| |
e. |
Treaty of Versailles |
| ANSWER: |
b |
| REFERENCES: |
110 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
29. Normally, wiretapping requires a warrant signed by a judge or magistrate backed by __________ that a crime is being committed.
| |
a. |
absolute certainty |
| |
b. |
preponderance of the evidence |
| |
c. |
probable cause |
| |
d. |
reasonable cause |
| |
e. |
reasonable suspicion |
| ANSWER: |
c |
| REFERENCES: |
110 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
30. In 2014, the U.S. Court of Appeals ordered the Obama administration to release information regarding the execution of
| |
a. |
Saddam Hussein. |
| |
b. |
Osama bin Laden. |
| |
c. |
Anwar al Awlaki. |
| |
d. |
Moammar Gadhafi. |
| |
e. |
Abu Ahmed al-Kuwaiti. |
| ANSWER: |
c |
| REFERENCES: |
110 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.2 – LO2 |
| NOTES: |
Factual |
|
31. What First Amendment test requires the state to prove there is a high likelihood that the speech in question would lead to a danger that Congress has the right to prevent?
| |
a. |
necessary and proper test |
| |
b. |
Lemon test |
| |
c. |
equal protection test |
| |
d. |
clear and present danger test |
| |
e. |
Miller test |
| ANSWER: |
d |
| REFERENCES: |
111 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
32. __________ are phrases that might lead the individual to whom they are directed to respond with a punch.
| |
a. |
Fighting doctrines |
| |
b. |
Fighting words |
| |
c. |
“Come-and-Get-It” words |
| |
d. |
Nonfighting words |
| |
e. |
All of these |
| ANSWER: |
b |
| REFERENCES: |
111 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
33. The Foreign Intelligence Surveillance Act created secret courts designed to oversee the domestic activities of
| |
a. |
the security community. |
| |
b. |
the Central Intelligence Agency. |
| |
c. |
the National Security Agency. |
| |
d. |
the National Reconnaissance Office. |
| |
e. |
all government agencies. |
| ANSWER: |
c |
| REFERENCES: |
112 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Applied |
|
34. In 2013, Edward Snowden revealed classified documents detailing
| |
a. |
the location of missing yellowcake uranium. |
| |
b. |
secret plans to invade North Korea. |
| |
c. |
the NSA keeping records of every Internet search made in the United States. |
| |
d. |
the NSA keeping records of every phone call made in the United States. |
| |
e. |
the FBI’s involvement with COINTELPRO. |
| ANSWER: |
d |
| REFERENCES: |
112 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
35. In the 1960s, the Supreme Court ruled that certain types of nonverbal activities, such as flag burning or students wearing black armbands to school, were protected under the First Amendment as
| |
a. |
symbolic speech. |
| |
b. |
direct speech. |
| |
c. |
fighting words. |
| |
d. |
hate speech. |
| |
e. |
public speech. |
| ANSWER: |
a |
| REFERENCES: |
116 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Conceptual |
|
36. Nonverbal activities that convey a political message, such as saluting the flag, burning the flag, or burning draft cards, are referred to as
| |
a. |
commercial speech. |
| |
b. |
pure speech. |
| |
c. |
speech plus. |
| |
d. |
symbolic speech. |
| |
e. |
all of these. |
| ANSWER: |
d |
| REFERENCES: |
116 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
37. __________ is when the free speech doctrine allows certain types of regulations of speech, as long as the restriction does not favor one side or another of a controversy.
| |
a. |
Content-neutral |
| |
b. |
Exclusionary rule |
| |
c. |
Right to privacy |
| |
d. |
Marketplace of ideas |
| |
e. |
None of the above |
| ANSWER: |
a |
| REFERENCES: |
116 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Conceptual |
|
38. Today, an extraordinary burden of proof of imminent harm is needed before the courts will shut down a newspaper before a story is printed. This is known as
| |
a. |
libel. |
| |
b. |
prior restraint. |
| |
c. |
private censorship. |
| |
d. |
private restraint. |
| |
e. |
slander. |
| ANSWER: |
b |
| REFERENCES: |
117 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Applied |
|
39. The publishing of false and damaging statements about another person is called
| |
a. |
actual malice. |
| |
b. |
libel. |
| |
c. |
negligence. |
| |
d. |
prior restraint. |
| |
e. |
subsequent punishment. |
| ANSWER: |
b |
| REFERENCES: |
118 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
40. The Supreme Court developed a three-pronged test called the _________ to determine whether material can be deemed obscene.
| |
a. |
Lemon test |
| |
b. |
clear and present danger test |
| |
c. |
Miller test |
| |
d. |
obscenity test |
| |
e. |
Tinker test |
| ANSWER: |
c |
| REFERENCES: |
118 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.3 – LO3 |
| NOTES: |
Factual |
|
41. __________ originally protected individuals only against the national government, and, at the time, only two states, Virginia and Rhode Island, had unqualified religious freedom.
| |
a. |
Civil liberties |
| |
b. |
Symbolic speech |
| |
c. |
The free exercise clause |
| |
d. |
The clear and present danger test |
| |
e. |
Incorporation |
| ANSWER: |
c |
| REFERENCES: |
121 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.4 – LO4 |
| NOTES: |
Factual |
|
42. The __________ clause of the First Amendment prevents Congress from recognizing one church by law as the nation’s official church, as Britain had done with the Anglican (Episcopal) Church.
| |
a. |
establishment |
| |
b. |
free exercise |
| |
c. |
full faith and credit |
| |
d. |
interstate commerce |
| |
e. |
presentation |
| ANSWER: |
b |
| REFERENCES: |
121 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.4 – LO4 |
| NOTES: |
Factual |
|
43. Generally, states need only have a(n) __________ to pass laws that also happen to restrict religious practices.
| |
a. |
important reason |
| |
b. |
probable cause |
| |
c. |
rational basis |
| |
d. |
reasonable basis |
| |
e. |
valid secular purpose |
| ANSWER: |
e |
| REFERENCES: |
122 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.4 – LO4 |
| NOTES: |
Factual |
|
44. In 1971, the Supreme Court created the three-pronged ________ to determine if a law violated the establishment clause.
| |
a. |
clear and present danger test |
| |
b. |
Miller test |
| |
c. |
establishment test |
| |
d. |
religious liberty test |
| |
e. |
Lemon test |
| ANSWER: |
e |
| REFERENCES: |
123 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.4 – LO4 |
| NOTES: |
Factual |
|
45. ______________ believe that as long as the state does not favor one religion over another, it can generally pass laws that support religion.
| |
a. |
Separationists |
| |
b. |
Accommodationists |
| |
c. |
Federalists |
| |
d. |
Anti-Federalists |
| |
e. |
Libertarians |
| ANSWER: |
b |
| REFERENCES: |
123 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.4 – LO4 |
| NOTES: |
Factual |
|
46. Opponents of gun rights believe that the ____________ clause limits the right to own a gun.
| |
a. |
clear and present danger |
| |
b. |
due process |
| |
c. |
well-regulated militia |
| |
d. |
establishment |
| |
e. |
free exercise |
| ANSWER: |
c |
| REFERENCES: |
124 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.5 – LO5 |
| NOTES: |
Conceptual |
|
47. The Supreme Court decided in 2008 that there is a(n) __________ right to possess a gun, at least for self-defense in one’s home.
| |
a. |
collective |
| |
b. |
human |
| |
c. |
individual |
| |
d. |
national |
| |
e. |
state |
| ANSWER: |
c |
| REFERENCES: |
124 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.5 – LO5 |
| NOTES: |
Factual |
|
48. After the 2012 tragedy at Sandy Hook elementary school, Congress enacted
| |
a. |
tighter criminal background checks. |
| |
b. |
a ban on assault weapons. |
| |
c. |
a limit to the number of rounds that ammunition magazines could hold. |
| |
d. |
all of these. |
| |
e. |
none of these. |
| ANSWER: |
e |
| REFERENCES: |
125 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.5 – LO5 |
| NOTES: |
Factual |
|
49. The amendments that protect the rights of the criminally accused include all of the following EXCEPT the ________ Amendment.
| |
a. |
Fourth |
| |
b. |
Fifth |
| |
c. |
Sixth |
| |
d. |
Eighth |
| |
e. |
Tenth |
| ANSWER: |
e |
| REFERENCES: |
125 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Conceptual |
|
50. The __________ Amendment prohibits unreasonable searches and seizures.
| |
a. |
First |
| |
b. |
Second |
| |
c. |
Third |
| |
d. |
Fourth |
| |
e. |
Fifth |
| ANSWER: |
d |
| REFERENCES: |
125 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Factual |
|
51. In 2014, the Supreme Court found that the content of a cell phone is ___________ police search.
| |
a. |
incriminating in a |
| |
b. |
subject to |
| |
c. |
scrutinized in a |
| |
d. |
exempt from |
| |
e. |
not exempt from |
| ANSWER: |
d |
| REFERENCES: |
125 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Conceptual |
|
52. The area over which individuals have Fourth Amendment protections are those in which there is a(n)
| |
a. |
clear and present danger. |
| |
b. |
expectation of privacy. |
| |
c. |
imminent lawless action. |
| |
d. |
valid legislative purpose. |
| |
e. |
excessive entanglement. |
| ANSWER: |
b |
| REFERENCES: |
126 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Applied |
|
53. If the police conduct a search later found to be unconstitutional, the __________ holds that evidence collected during the search cannot be used in trial.
| |
a. |
exclusionary rule |
| |
b. |
rule of evidence |
| |
c. |
Fifth Amendment |
| |
d. |
full faith and credit clause |
| |
e. |
Seventh Amendment |
| ANSWER: |
a |
| REFERENCES: |
126 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Factual |
|
54. In Miranda v. Arizona, the Court declared that the right against self-incrimination enshrined in the Fifth Amendment applied to
| |
a. |
the cities. |
| |
b. |
the counties. |
| |
c. |
the states. |
| |
d. |
the federal courts. |
| |
e. |
none of these. |
| ANSWER: |
c |
| REFERENCES: |
127 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Applied |
|
55. In Gideon v. Wainwright, the Court ruled that all criminals were afforded the right to
| |
a. |
free speech. |
| |
b. |
free press. |
| |
c. |
privacy. |
| |
d. |
counsel. |
| |
e. |
bear arms. |
| ANSWER: |
d |
| REFERENCES: |
127 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Conceptual |
|
56. If acquitted by a jury, the _______ clause ensures that the accused cannot be tried for the same crime again.
| |
a. |
double indemnity |
| |
b. |
eminent domain |
| |
c. |
cruel and unusual punishment |
| |
d. |
innocence |
| |
e. |
double jeopardy |
| ANSWER: |
e |
| REFERENCES: |
128 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.6 – LO6 |
| NOTES: |
Applied |
|
57. In __________, the Court voided what one justice called “an uncommonly silly law” that made it a crime for any person—including married couples—to use birth control.
| |
a. |
Brandenburg v. Ohio |
| |
b. |
Gideon v. Wainwright |
| |
c. |
Griswold v. Connecticut |
| |
d. |
Powell v. Alabama |
| |
e. |
Schenck v. United States |
| ANSWER: |
c |
| REFERENCES: |
129-130 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.7 – LO7 |
| NOTES: |
Factual |
|
58. The Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy is known as the
| |
a. |
right to privacy. |
| |
b. |
right against self-incrimination. |
| |
c. |
right to counsel. |
| |
d. |
right to assembly. |
| |
e. |
right to bear arms. |
| ANSWER: |
a |
| REFERENCES: |
130 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.7 – LO7 |
| NOTES: |
Factual |
|
59. In 1973, the Court ruled in Roe v. Wade that a national right to ________ existed.
| |
a. |
privacy |
| |
b. |
abortion |
| |
c. |
speech |
| |
d. |
expression |
| |
e. |
counsel |
| ANSWER: |
b |
| REFERENCES: |
131 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.7 – LO7 |
| NOTES: |
Factual |
|
60. In Lawrence v. Texas, the court ruled that laws prohibiting ________ were unconstitutional.
| |
a. |
flag burning |
| |
b. |
birth control |
| |
c. |
sodomy |
| |
d. |
same-sex marriage |
| |
e. |
alcohol |
| ANSWER: |
c |
| REFERENCES: |
132 |
| LEARNING OBJECTIVES: |
GTDM.GEER.16.4.7 – LO7 |
| NOTES: |
Applied |
|
61. Contrast the problems of too much freedom to those of too much order.
| ANSWER: |
Answers may vary. |
|
62. Explain why wartime deprivation of rights ratchets back after the crisis ends.
| ANSWER: |
Answers may vary. |
|
63. State the limits on the First Amendment’s right to freedom of speech.
| ANSWER: |
Answers may vary. |
|
64. Explain the difference between free exercise of religion and the establishment of religion.
| ANSWER: |
Answers may vary. |
|
65. State the difference between separationists and accommodationists.
| ANSWER: |
Answers may vary. |
|
66. State the protections for those convicted of crimes.
| ANSWER: |
Answers may vary. |
|
67. What civil liberties are you willing to give up to ensure more protection against terrorist attacks?
| ANSWER: |
Answers may vary. |
|
68. How free should you be to criticize the government? Should you be less free in wartime? Following 9/11?
| ANSWER: |
Answers may vary. |
|
69. Is the U.S. criminal justice system too harsh? Or does it let too many criminals get off on “technicalities”?
| ANSWER: |
Answers may vary. |
|
70. Does government have a right to regulate who can live in the same house or apartment?
| ANSWER: |
Answers may vary. |
|
71. Explain the differences between civil rights and civil liberties.
| ANSWER: |
Answers may vary. |
|
72. Explain the doctrine of prior restraint.
| ANSWER: |
Answers may vary. |
|
73. Provided a detailed discussion of the three parts of the Lemon test.
| ANSWER: |
Answers may vary. |
|
74. What is the significance of the decision in Lawrence v. Texas?
| ANSWER: |
Answers may vary. |
|
75. Detail the components of the compelling interest test.
| ANSWER: |
Answers may vary. |
|
76. Explain why civil liberties are more limited and frequent during wartime.
| ANSWER: |
Answers may vary. |
|
77. Why did the Justice Department remove Jose Padilla from military custody and charge him under federal criminal law with providing material support to terrorist organizations?
| ANSWER: |
Answers may vary. |
|
78. Discuss and explain the role of the courts in protecting civil liberties during times of war.
| ANSWER: |
Answers may vary. |
|
79. Discuss and explain how the courts and Congress have addressed hate speech in recent times.
| ANSWER: |
Answers may vary. |
|
80. Discuss and explain how Roe v. Wade is seen as a privacy case.
| ANSWER: |
Answers may vary. |
|
81. Provide a detailed discussion of how the Supreme Court has used the Fourteenth Amendment to incorporate the Bill of Rights to the states.
| ANSWER: |
Answers may vary. |
|
82. Discuss how the Court has applied the criminal procedure amendments.
| ANSWER: |
Answers may vary. |
|
83. Discuss the purpose for both the free exercise and establishment clauses.
| ANSWER: |
Answers may vary. |
|
84. Explain how the Court has viewed symbolic speech as it pertains to the First Amendment.
| ANSWER: |
Answers may vary. |
|
85. Provide a detailed explanation of the differences between speech codes on public and private college campuses, as well as how the courts have addressed this issue at both types of institutions.
| ANSWER: |
Answers may vary. |
|
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