1. All of the following rights are specifically protected in the main body of the Constitution EXCEPT:
a. freedom of speech
b. writ of habeas corpus
c. no ex post facto laws
d. trial by jury in federal courts
e. limits on punishment for and use of the crime of treason
2. Who has the right to suspend habeas corpus?
I. No one
II. Congress
III. Federal judges
IV. State judges
a. I only
b. II and III only
c. II, III, and IV only
d. III and IV only
e. II only
3. The most explicit guarantee of freedom of speech, press, assembly and petition is found in the
a. Declaration of Independence
b. First Amendment
c. Tenth Amendment
d. body of the Constitution: Article VI
e. Fourteenth Amendment
(Questions 4 and 5 are based on the following quote):
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: nor shall any State deprive any person of life, liberty, or property, without due process of law..."
4. The above quote is from which of the following ?
a. First Amendment
b. Schenck v. U.S. majority opinion statement
c. Fourteenth Amendment
d. 1943 Barnette case majority opinion statement
e. Smith Act
5. The statement was written with the original intention of protecting the rights of which group of people?
a. women
b. owners of small businesses
c. recent immigrants
d. former slaves
e. citizens of states with small populations
6. Which of the following provides the most important basis for the Supreme Court's role in the protection of civil liberties and rights?
a. the Constitution
b. judicial review
c. The Judicial Act of 1789
d. stare decisis
e. federalism
7. Which clause in the Constitution was interpreted by the activist court of the 1960s to allow Congress the power to pass laws combating discrimination?
a. the necessary and proper clause
b. the congressional rights clause
c. the full faith and credit clause
d. the establishment clause
e. the commerce clause
8. The Court ruled in the Barnette case that the flag salute violated the "wall of separation" guaranteed in the
a. establishment clause of the First Amendment
b. free-exercise clause of the First Amendment
c. due-process clause of the Fourteenth Amendment
d. freedom of speech clause of the First Amendment
e. unenumerated rights clause of the Ninth Amendment
9. Which of the following are currently treated as suspect categories?
I. sex
II. race
III. ethnicity
IV. age
a. I, II, and III only
b. I and II only
c. II, III, and IV only
d. I, II, III, and IV
e. II and IV only
10. The NAACP finally succeeded in its effort to get governments to act in favor of black civil rights by which of the following tactics?
a. getting courts to consider cases in which public facilities were clearly not equal for blacks and whites.
b. getting courts to rule based on the "detrimental effect" separation had on "colored children."
c. lobbying state legislatures to rescind Jim Crow laws
d. lobbying the national legislature to pass legislation making Jim Crow laws illegal
e. lobbying for a constitutional amendment that made segregation unconstitutional
11. All of the following were important milestones in bringing about the end of de jure segregation EXCEPT:
a. Plessy v. Ferguson
b. Brown v. Topeka
c. the Civil Rights Act of l964
d. the Voting Rights Act of 1965
e. the establishment of the Office of Economic Opportunity
12. What important precedent for civil rights cases was set by Bakke v. California?
a. the establishment of the principle of "equality of opportunity"
b. the declaration of "separate but equal" as unconstitutional
c. the ruling that "reverse discrimination" violates individual rights
d. the banning of de jure segregation
e. the ruling that OEO standards must be met by employers
13. "The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long-continued, labor, particularly when done standing..."
The above quote from a 1908 decision upheld which tradition of the Court in treating cases of discrimination based on gender?
a. equality of opportunity
b. equality of result
c. the reasonableness standard
d. protective paternalism
e. the right to privacy
14. The Court decision in the 1973 case of Roe v. Wade was based most importantly on which constitutional right?
a. freedom of speech
b. the exclusionary rule
c. the right to privacy
d. the right to remain silent
e. the right to due process
15. The Court precedent of "clear and present danger" was set by which famous case?
a. Schenck v. U.S
b. Rostner v. Goldberg
c. Roe v. Wade
d. Mapp v. Ohio
e. Griswold v. Connecticut