Government

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Unit 2 Test: Civil Liberties & Civil Rights

Multiple choice (3 points each). Choose the BEST answer.
1. The Bill of Rights originally protected individuals from which level of government?
a. All levels of American government
b. State governments
c. Local governments
d. Federal government

2. Flag burning is an example of ______________________ that is currently

____________________ under the First Amendment.
a. Symbolic speech; protected
b. Symbolic speech; not protected
c. Hate speech; protected
d. Offensive slander; not protected

3. The distinction between civil rights and civil liberties is that civil rights
__________________ while civil liberties _____________________.
a. Protect against discrimination; are guaranteed in the Bill of Rights
b. Are guaranteed in the Bill of Rights; protect against discrimination
c. Are guaranteed in the Bill of Rights; limit what the government can do to you
d. Limit what the government can do to you; protect against discrimination

4. The difference between de facto segregation and de jure segregation is that de facto
segregation _________________, while de jure segregation ______________________.
a. Is the result of circumstances; is mandated by law
b. Is mandated by law; is the result of circumstances
c. Applies to racial minorities; applies to women
d. Applies to all groups; applies to racial minorities

5. What did the case Regents of the University of California v. Bakke establish?
a. That race could play no role in the college admissions process
b. That gender could play no role in the college admissions process
c. That strict racial quotas in admissions process were legal
d. That race could be used as a plus factor in the admissions process

6. In the years following the Civil War, all of the following made it difficult for African
Americans to gain equality EXCEPT
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a. The Constitution did not expressly provide equal rights or voting rights for
African Americans
b. Literacy tests were administered in order to vote
c. States tried to maneuver around civil rights laws
d. Several states imposed fees for voting

7. Which of the following protections is NOT contained in the First Amendment?

a. The establishment clause
b. The free exercise clause
c. Freedom of the press
d. All of the above are First Amendment protections.

8. The judicial test that requires the government show that a race-based policy serves a
compelling government interest is called
a. Strict scrutiny
b. Limited scrutiny
c. De facto segregation
d. De jure segregation

9. The Bill of Rights protects the rights of the accused by all of the following ways
EXCEPT:
a. The right to remain silent
b. The right to choose a judge in a jury trial
c. The right to legal counsel
d. No cruel or unusual punishments

10. ____________play(s) an important role in defining civil liberties because they/it help(s)
define the scope and boundaries of liberties outlined in the Bill of Rights.
a. Federal courts
b. Congress
c. Popular rallies
d. Local governments

11. Incorporation Theory refers to the idea that

a. A legal obligation of states to trade with other states
b. Judicial process in which the courts integrate state law with national law
c. Right to be informed of criminal charges
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d. The view that most of the protections of the national Bill of Rights are
incorporated into the Fourteenth Amendment through the process of court rulings

12. 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.

13. According to the clear and present danger test, expression could be restricted if
a. it is found to be offensive to religious organizations
b. and only if the United States is at war
c. the speaker is not a citizen of the United States.
d. evidence exists that such expression would cause a dangerous condition that the
government has the power to prevent.

14. A writ of habeas corpus is an order that requires

a. jailers to bring a prisoner before a court and explain why they are being held.
b. prisoners to be provided with legal counsel prisoners to be informed of their right
to remain silent.
c. Police to search the property of suspected murderers without a warrant
d. Criminal cases to be tried within two months of arraignment

15. The establishment clause guarantees:

a. That government will not create and support an official state church
b. That all citizens may freely engage in religious activities of their choice
c. That all churches shall have tax-exempt status
d. The right to set up a church whenever a religious group so desires

16. All of the following are true EXCEPT:

a. civil liberties and civil rights are exactly the same thing
b. civil rights refer to the rights of Americans to equal protection under the law.
c. civil liberties are limitations on the governmentwhat government cannot do
d. At various times in U.S. history, many minority groups have suffered from
discrimination

17. The Supreme Court has most recently ruled that the Second Amendment:
a. Establishes only a collective right of the states to have militias
b. Does not apply to the states
c. Establishes an individual right to bear arms
d. Is ambiguous and should be disregarded
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18. The right to privacy

a. Is included in the U.S. Constitution as well as the Bill of Rights
b. Is only included in the Bill of Rights
c. Has been interpreted by the Supreme Court to be understood even though it is not
in the Bill of Rights
d. Has been interpreted by the Supreme Court to exist only under individual state
constitutions

19. This doctrine, particularly emphasized in southern states, that allowed for separate
facilities for black people and white people, such as separate schools, separate sections on
busses and trains, separate drinking fountains, and separate seats in theaters, is called:
a. separate but equal
b. freedom of association
c. necessary evil
d. separate is unequal

20. When did civil rights become part of the Constitution?

a. In the 1789 at the Founding
b. With the adoption of the Fourteenth Amendment in 1868
c. With the adoption of the Nineteenth Amendment in 1920
d. In the 1954 Brown v. Board of Education decision

21. The US Supreme Court has interpreted the establishment clause to mean that
governments may provide aid to religious schools as long as the aid goes to children and
not to religious goals.
a. True
b. False

22. The Bill of Rights lists all of the rights each citizen of the United States can claim.
a. True
b. False
Matching (2 points each). Choose the letter of the phrase that BEST matches with the terms
below (not all the letters will be used):

1. Libel
2. Slander
3. Clear and present danger test
4. Lemon test
5. Double jeopardy
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6. Voting Rights Act of 1965

7. Civil Rights Act of 1964
8. Regents of the University of California v. Bakke
9. Fourteenth Amendment
10. Plessy v. Ferguson
11. Affirmative Action
12. Griswold v. Connecticut

A. Gives special attention or treatment to traditionally disadvantaged groups to overcome past

discrimination
B. Established the requirement that police must inform a suspect of his or her constitutional
rights
C. Written statements that defames a persons character
D. Being tried twice for the same crime
E. Helps to assure that the U.S. government does not violate the establishment clause
F. Made discrimination by private employers and state governments illegal
G. Established that rigid quotas are incompatible with the equal protection clause
H. Helps to draw a line between protected and unprotected speech
I. Is used as the basis for selective incorporation
J. Established the separate but equal doctrine
K. Overturned the separate but equal doctrine
L. Untrue spoken statements that defame a persons character
M. Eliminated direct obstacles to minority voting in the South
N. Established the right to privacy

BONUS: Write on your notebook paper (3 points):

Is this situation constitutional? Explain your answer.

Robert was arrested as he was leaving the mall. When he asked what charges he was being
arrested under the police refused to tell him, and when he requested a lawyer, the police laughed
at him and said they were all too busy for him.
Essay Question (10 points). Choose ONE of the following. Be sure to provide SPECIFIC
DETAILS to support your answer!

1. Describe the protections Americans enjoy under the United States Constitution. What
part of the Constitution protects civil liberties? Why did many leaders of the founding
generation believe it was important to enumerate civil liberties in the Constitution? What are
some of these liberties? What, if any, restrictions are placed on American civil liberties?
How did the fourteenth amendment change the way civil liberties interpreted? What role do
the federal courts play?
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2. Describe how civil rights are an extension of civil liberties. What are civil rights? How are
civil liberties different from civil rights? Since the 1960s, what has civil rights legislation
accomplished? What part of the fourteenth amendment doe the courts use to enforce civil
rights? How have the courts changed their interpretation of civil rights from Plessy v.
Ferguson to Brown v. Board of Education? How does affirmative action relate to the
protection of civil rights? How have the Courts ruled on affirmative action cases?