US HISTORY: CIVIL LIBERTIES

1. Local governments demanded a listing of their powers.
2. There was a need for a strong central authority.
3. Individuals need protection from possible abuses of government powers.
4. The powers of Congress were not sufficiently defined in the original
constitution.

2. In order to enforce rights for minorities, the Constitution added the
Twenty-fourth Amendment, which outlawed

1. segregation in schools.
2. the poll tax.
3. discrimination on the basis of race or color.
4. slavery.

3. The section of the Constitution that defines an accused person's rights is

1. the Preamble.
2. the first three articles.
3. the first ten amendments.
4. the supremacy clause.

4. 'The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic."
—Justice Oliver Wendell Holmes

Which interpretation of the Bill of Rights does this statement illustrate?

1. The needs of the government are more important than civil liberties.
2. Constitutional protections of liberty are not absolute.
3. The Supreme Court can eliminate freedoms listed in the Bill of
Rights.
4. The Bill of Rights does not safeguard individual liberties.

5. In Schenck v. United States, the Supreme Court decided that a "clear and
present danger" to the United States permitted

1. the expansion of Presidential power in time of peace.
2. the establishment of a peacetime draft.
3. restrictions of first amendment rights.
4. limitations on the voting rights of minorities.

6. The "clear and present danger" ruling in the Supreme Court case Schenck
v. United States (1919) confirmed the idea that

1. prayer in public schools is unconstitutional.
2. racism in the United States is illegal.
3. interstate commerce can be regulated by state governments.
4. constitutional rights are not absolute.

7. Which was most influential in making the idea of separation of state and
church part of the United States political tradition?

1 the democratic heritage of ancient Athens.
2 the Roman Republic’s principles of religious freedom.
3 practices of European colonial governments.
4 the diversity of the new nation’s population.

8. The need for a warrant to conduct a lawful search is an indication that

1. the crime rate is increasing in the United States.
2. the person about to be searched is really innocent.
3. individuals are protected against government power.
4. there is an excessive concern for the rights of criminals.

9. In the United States, informing suspects of their legal rights during an
arrest procedure is required as a result of

1. customs adopted from English common law.
2. state laws.
3. decisions of the U. S. Supreme Court.
4. laws passed by Congress.

Speakers A, B, C, and D have been accused of violating a law but think that they were unfairly treated by the police and the courts. Base your answers to questions 10 through 14 on their statements and on your knowledge of Supreme Court cases involving the Bill  of Rights.|

Speaker A: I was found guilty of a serious crime in a federal court. My conviction was based largely on the testimony of anonymous witnesses whose identities were concealed by the prosecution so as "to ensure their safety."

Speaker B: I was indicted in a state court for the crime of murder. At the conclusion of the  trial, the jury could not reach a verdict. As a result I was retried for the same offense.

Speaker C: I was arrested on suspicion of arson and questioned by the police for several days. During that time I confessed in order to get some rest. The police never told me I had a right to call a lawyer, but I wouldn't have been able to pay for one anyway.

Speaker D: I was arrested for giving a talk on a street comer. The police said I was inciting to riot. A police judge convicted and fined me on the grounds that I was creating a "clear  and present danger." I maintained that my freedom of speech was violated.

10. Which speaker is trying to plead double jeopardy?

(1) A (2) B (3) C ( 4) D

11. The right of an accused person to cross-examine his or her accusers was
 violated in the case of Speaker

(1) A (2) B (3) C (4) D

12. The constitutional right not to be forced to testify against oneself was
violated in the case of Speaker

(1) A (2) B (3) C (4) D

13. In cases like that of Speaker C, the U.S. Supreme Court has ruled that
the accused

1. has an obligation to answer police questions that are reasonable.
2. has a right to be advised by a lawyer whether or not to answer a
police officer's questions.
3. should not have been arrested solely on suspicion of arson.

14. In cases like that of Speaker D, the U.S. Supreme Court has ruled that

1. the accused cannot plead the First Amendment when charged with
violating local laws.
2. the accused should have been tried in a federal court on the riot charge.
3. freedom of speech does not include the right to endanger public safety.
4. freedom of speech does not include the right to make speeches in
public in support of a religious belief.
 

15. In the decisions made in Miranda v. Arizona and Gideon v. Wainwright,
the United States Supreme Court has

1. supported a strict interpretation of the Constitution.
2. allowed the states to define due process.
3. expanded the rights of the accused.
4. extended Federal protection of voting rights.

16. Which factor has made the strongest contribution to the development of
religious freedom in the United States?

1. Most citizens have shared the same religious beliefs.
2. Religious groups have remained politically unified.
3. School prayer has been ruled constitutional by the Supreme Court.
4. Guarantees in the Constitution have encouraged religious expression and toleration.

17. The 14th amendment provides that no ''state [shall] deprive any person
of life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws." A direct result
of this amendment was that

1. the process of amending the Constitution became slower and more
complex.
2. the guarantees in the Bill of Rights were applied to state actions.
3. every citizen gained an absolute right to freedom of speech and
assembly
4. the power of the Federal Government was sharply reduced.

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