1. The most important obstacle to the adoption of the Constitution by the states was *a. it did not contain a bill of rights. b. it did not include voting rights for blacks. c. it did not include voting rights for women. d. it did not separate powers among branches of government. e. it included too much delegation of power to the states. 2. In 1791, when the Bill of Rights was ratified, it a. was made up of fifteen amendments. *b. imposed limits on the national government but not on the state governments. c. did not include a provision protecting free speech. d. applied to the states but not to the national government. e. was intended to be temporary, only having effect until citizens felt comfortable that the government understood and would not interfere with their rights. 3. Powers and privileges guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals are best defined as *a. civil rights. b. human rights. c. civil liberties. d. negative liberties. e. inalienable rights. 4. The rights and liberties guaranteed by the Constitution are found in a. the Eighteenth and Twenty-Second Amendments. *b. the Bill of Rights and the first section of the Fourteenth Amendment. c. Article III. d. Article I. e. Amendments 1 through 27. 6. An American citizen’s ability to drive a car only with the possession of a valid license may be best described as a a. civil liberty. b. civil right. *c. privilege. d. power. e. negative right. 7. Persons possess __________ and governments possess ____________. a. freedoms; privileges *b. freedoms; powers c. privileges; powers d. liberties; rights e. rights; liberties 8. The establishment clause of the First Amendment *a. prohibits government from sponsoring or supporting religious activity. b. establishes Protestantism as the official religion of the United States. c. prevents the government from interfering with the exercise of religion. d. forbids the establishment of restrictions on free speech. e. keeps Congress from making other amendments official without a Supreme Court ruling. 9. The Constitution’s _____________ clause prevents the government from interfering with religious practice. a. establishment b. essential freedoms c. nondiscrimination *d. free exercise e. religious freedom 11. The phrase “wall of separation between church and state” originated with a. the First Amendment. b. the Bill of Rights. c. the Declaration of Independence. *d. Thomas Jefferson. e. the Constitutional Convention. 12. In the Lemon v. Kurtzman decision, the Supreme Court proposed a test for determining the constitutionality of government programs and laws; this test included a. that the government must have a secular purpose for the law or program. b. that the primary effect of the law or program must not be to advance or inhibit religion. c. that the law or program must not entangle the government excessively with religion. d. which law or program cannot be funded with taxpayer money. *e. that the government must have a secular purpose for the law or program, that the primary effect of the law or program must not be to advance or inhibit religion, and that the law or program must not entangle the government excessively with religion. 14. The Supreme Court declared prayer in public schools unconstitutional in a. Minersville School District v. Gobitis. b. West Virginia State Board v. Barnette. *c. Engel v. Vitale. d. Epperson v. Arkansas. e. Near v. Minnesota. 16. If Congress forced conscientious objectors to fight—to violate their religious beliefs or deeply held humanistic opposition to war—the government would run afoul of the __________ of the First Amendment. a. free association clause *b. free-exercise clause c. establishment clause d. due process clause e. equal protection clause 19. Charles Schenck, the defendant in Schenck v. United States, was charged with a. speaking against the president in public places. b. pipe-bombing a federal building. c. burning the flag. *d. disrupting military recruitment by distributing leaflets claiming that the draft was unconstitutional. e. distributing pornographic material. 21. _____________ was the fist case to establish that the Bill of Rights would be applied more broadly than the Supreme Court initially held. a. Plessy v. Ferguson b. Schenck v. United States c. Near v. Minnesota *d. Gitlow v. New York e. Palko v. Connecticut 22. Students demonstrating against the war in Iraq by wearing black armbands as a symbolic protest would probably be protected under which case ruling? a. Smith v. City of Chicago *b. Tinker v. Des Moines Independent Co. School District c. Evanston v. Texas Independent School District # 83 d. Albert v. University of Sacramento e. Near v. Minnesota 27. A newspaper publishes a factually incorrect and highly negative story about a presidential candidate. That candidate sues the paper for libel. The courts are likely to rule which of the following? a. The candidate is likely to win damages (money from the paper), because the freedom of the press does not include the freedom to print factually untrue statements. b. The candidate will not win damages (money from the paper), because freedom of the press does include the freedom to print factually untrue statements. *c. The candidate will win damages (money) only if he can prove the paper knew the story was a lie when it printed it, but did so anyway. d. The candidate will win damages (money) if he can prove that the publication of the paper resulted in a severe and immediate harm to his reputation. e. The candidate cannot win damages (money) from the paper because he is a “public figure” and thus exempt from the normal rules governing libel. 29. In the 1970s, Daniel Ellsberg stole classified documents that came to be known as __________ and gave them to national newspapers. a. the Vietnam Plans b. the Nixon Scheme *c. the Pentagon Papers d. the Watergate Files e. None of these choices is true. 32. The Second Amendment of the Constitution refers to *a. the right to bear arms. b. a ban on cruel and unusual punishment. c. the right to be free from unreasonable searches and seizures. d. a right not to be tried twice for the same offense. e. the right for citizens not to have soldiers quartered within their houses. 33. After the September 11, 2001 terrorist attacks, Congress passed the USA-PATRIOT Act, which a. gave government increased power over who is allowed to run for office. b. empowered the president to ban social media sites like Twitter, Facebook, and Instagram in an attempt to maintain public order. *c. expanded the government’s ability to tap phones and monitor internet traffic. d. extended the requirement that one be a “native-born American” to run for president, to all federal elective offices. e. created a universal gun owner registration list. 34. In 2010, The Supreme Court in McDonald v. Chicago, ruled in a 5–4 decision that an individual’s right to bear arms a. can be prohibited by state or local government. b. only is permitted if the individual is part of a state militia. *c. cannot be prohibited by state or local government. d. only is permitted if the individual submits to a state background check. e. permits the individual to possess submachine guns and assault rifles. 36. An ex post facto law a. impairs contracts between states. b. prevents double jeopardy. *c. declares an action illegal after it has been committed. d. declares a person guilty without the benefit of trial. e. None of these choices is true. 37. A(n) ______________ is a law that declares a person guilty without the benefit of trial. *a. bill of attainder b. selective incorporation c. ex post facto law d. prior restraint action e. lemon test 38. In Palko v. Connecticut, the Supreme Court ruled that Frank Palko’s Fifth Amendment protection against double jeopardy was not a(n) _________ right the state of Connecticut had to follow. *a. fundamental b. privacy c. concurrent d. dual e. explicit 39. States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court’s interpretation of the Fourteenth Amendment ___________ clause. *a. due process b. state’s rights c. equal protection d. free exercise e. privacy 40. The __________ has been construed to provide protection for the individual from the actions of a repressive state government. a. First Amendment b. Fifth Amendment c. Ninth Amendment *d. Fourteenth Amendment e. Fourth Amendment 42. Which of the following amendments is not concerned with how the government must behave in criminal proceedings. a. Fourth b. Fifth c. Sixth d. Eighth *e. Ninth 43. The case of Gideon v. Wainwright affirmed that the state must a. allow you to be tried by a jury of your peers. *b. provide you with legal counsel. c. inform you of your constitutional rights before placing you under arrest. d. allow you to confront your accuser. e. impose a fair and impartial sentence for the crime. 44. The statements that police are required to make to a person before that person may be subjected to in-custody questioning are known as a. cross-examination. b. exclusionary rules. c. interrogations. d. jailhouse rights. *e. Miranda warnings. 45. The exclusionary rule holds that a. “fighting words” can be excluded from constitutional protection. b. a court can order or constrain an action by an individual. *c. evidence obtained from an illegal search and seizure cannot be used in a trial. d. people who are biased against a defendant may be excluded from serving on a jury. e. evidence wrongly excluded at trial may not be used in appellate court later. 46. In Mapp v. Ohio, a case that involved the conviction of a woman for possession of obscene material found during an illegal search for a fugitive, the Supreme Court a. ruled that illegally obtained evidence could be used in state courts but not in federal courts. b. refused to incorporate the illegal search and seizure protection under the Fourteenth Amendment. c. ruled that state police were not bound by due process guarantees. *d. extended the federal exclusionary rule to state courts. e. threw out the conviction. 48. The __________ Amendment states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” a. Fifth b. Sixth c. Eighth *d. Ninth e. Second 50. The significance of the Ninth Amendment remained unexplored until the case of a. Roe v. Wade. b. Palko v. Connecticut. *c. Griswold v. Connecticut. d. Mapp v. Ohio. e. Lemon v. Kurtzman. 51. Griswold v. Connecticut, which challenged a Connecticut statute that declared the use of birth control devices a crime, established the principle that a. birth control is a matter of religious belief and therefore cannot be limited by the state. b. the states are free to restrict matters of personal privacy. c. the Constitution guarantees the right to obtain an abortion. *d. the Bill of Rights as a whole creates a zone of personal privacy or autonomy. e. government cannot successfully enact a law for morality. 52. The case Roe v. Wade a. upheld the right of couples to use birth control devices. b. upheld the right of gay Americans to consenting sexual relationships. c. denied the right of gay Americans to consenting sexual relationships. *d. upheld the right of women to have abortions. e. ruled that state laws criminalizing adultery were unconstitutional. 53. The major criticism of the dissenting justices in Roe v. Wade was that *a. the other justices were writing their own policy preferences into law. b. the Constitution clearly bans the procedure under question. c. the Court did not hear sufficient testimony before reaching its decision. d. the case should have been dismissed as moot. e. the law as applied was too narrow to fit any other precedent. 54. Justice Sandra Day O’Connor contributed to the legal debate over abortion by maintaining that state abortion restrictions are permissible provided they do not create a. parental consent requirements. b. unnecessary information. c. a 24-hour waiting period before an abortion can be performed. d. compelling scrutiny. *e. an undue burden.