Chapter 3

A  expanding the right to die to all states

B  allowing the U.S. attorney general to regulate a greater degree of medical care involving controlled substances

C  giving physicians greater leeway in both prescribing and administering lethal medications for terminally ill patients

D  supporting the autonomy of states in the area of physician-assisted suicide

A  requires the use of Do Not Resuscitate forms in all Oregon hospitals

B  outlaws assisted suicide in Oregon

C  allows physicians to prescribe lethal medication to terminally ill patients

D  allows a physician to perform euthanasia to end a patient’s life

A  He suggests that any couples choosing not to marry should be given the same legal rights as married couples, whether heterosexual or homosexual.

B  He suggests that gay couples are asking for the right to choose whom to love, to marry out of that love, and to find equal recognition for that marriage by the state.

C  He suggests that gay couples should treat with dignity the state’s vested interest in supporting life through procreation by heterosexual married couples.

D  He does not invoke the right to equal dignity.

A  Gay rights involve principles of liberty (to engage in intimate sexual conduct in the privacy of the home), but they do not necessarily involve principles of equality (to enjoy all the benefits of heterosexual couples), because marriage is for the purpose of procreation.

B  The Due Process Clause and the Equal Protection Clause, taken together, require the state to allow consensual homosexual partnerships, but they do not necessarily require the state to list heterosexual spouses on death certificates.

C  Gay rights involve certain principles of liberty and equality (to engage in intimate sexual conduct) but not all principles of liberty and equality (to adopt children in any state).

D  Gay rights involve both principles of liberty (to engage in intimate sexual conduct in the privacy of the home) and principles of equality (to enjoy the same benefits afforded to heterosexual couples).

A  The 14th Amendment requires states to provide equal benefits to all citizens regardless of marital status.

B  The 14th Amendment legitimizes same-sex relationships by decriminalizing sodomy.

C  The 14th Amendment promises liberty and equal protection.

D  The 14th Amendment protects consensual relationships.

A  Obergefell married his partner in Maryland, where same-sex marriage was legal, but they resided in Ohio, where it was not. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and was not listed on his spouse’s death certificate.

B  Obergefell legally married another man in Massachusetts, but his home state of Vermont did not recognize the marriage and did not allow him and his spouse to file jointly on his tax return. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and had to pay twice as much in taxes.

C  Obergefell was engaged in consensual sexual activity with another man, but he was arrested for violating Ohio state laws against sodomy. Thus he could not enjoy the same privacy rights as heterosexual couples and had his personal reputation destroyed.

D  Obergefell was licensed to perform weddings, but he was arrested for officiating a same-sex wedding in Ohio, where gay marriage was illegal. Thus he felt that his constitutional right to religious liberty had been violated, and he sued the state of Ohio.

A  The petitioners in the case seek to exercise their constitutional liberty by marrying someone of the same sex and having that marriage recognized as equal to heterosexual marriage.

B  Because the right to privacy is not mentioned in the Constitution, personal liberty does not involve the state-sanctioned institution of marriage.

C  Because the constitutional right to privacy has traditionally been interpreted to apply to reproductive issues, liberty in this case can be invoked only by heterosexual couples.

D  The petitioners in the case seek to exercise their constitutional right to religious liberty by protecting marriage as an institution involving one man and one woman.

A  The Constitution provides liberty to every law-abiding citizen, a liberty that extends to personal property and private association.

B  The Constitution provides no guarantee of liberty, especially when exercise of that liberty offends societal and ethical conventions.

C  The Constitution makes no promise of liberty to protect self-expression that runs counter to state interests or historical norms.

D  The Constitution promises liberty to all within its reach, including rights that allow persons to define and express their identity.

A  communications and political affiliation

B  reproductive choices and sexual activity

C  personal property and internet activity

D  academic grades and criminal records

A  the Fourth Amendment

B  the Third Amendment

C  the Fifth Amendment

D  the Ninth Amendment

A  prohibition against self-incrimination

B  the right to due process

C  protection against unreasonable searches and seizures

D  prohibition against the quartering of soldiers

A  Tileston v. Ullman

B  Poe v. Ullman

C  Obergefell v. Hodges

D  Griswold v. Connecticut

A  The right to privacy is found in Article V of the U.S. Constitution.

B  The right to privacy has no relationship to the Constitution whatsoever.

C  The right to privacy is found in the “penumbras” of the Bill of Rights.

D  The right to privacy is found in the Fourth Amendment to the U.S. Constitution.

A  It reaffirmed the decision in Bowers v. Hardwick.

B  It extended the right to privacy to sexual conduct between consenting adults of the same sex.

C  It legalized same-sex marriage in Texas.

D  It extended federal marriage benefits to same-sex couples legally married in certain states.

A  prohibited sodomy in all states

B  legalized same-sex marriage

C  found that states could restrict sexual activity unrelated to procreation

D  extended the right to privacy to sexual conduct between consenting adults of the same sex

A  Roe v. Wade

B  Griswold v. Connecticut

C  Webster v. Reproductive Health Services

D  None—states may not impose any restrictions on abortion.

A  Planned Parenthood v. Casey (1992)

B  Webster v. Reproductive Health Services (1989)

C  Roe v. Wade (1973)

D  Griswold v. Connecticut (1965)

A  no double jeopardy

B  no confiscation of property without just compensation

C  the right to a jury trial in a civil case

D  the right to a public trial

A  protection from excessive fines

B  free exercise of religion

C  the right to a public trial

D  no double jeopardy

A  Americans were not always protected from state infringement on freedom of religion.

B  Rhode Island has not always observed the separation of church and state.

C  Every state has its own constitutional amendment protecting the freedom of religion.

D  Massachusetts allowed full freedom of religion upon its founding.

A  established the separation of church and state

B  abolished slavery

C  began the process of incorporation

D  reversed dual citizenship

A  freedom of speech

B  freedom of religion

C  income taxes

D  the death penalty

A  Americans being subject to both British and U.S. laws

B  agreements between state and national religious establishments

C  the incorporation of state laws into the Bill of Rights

D  Americans being subject to both state and national protections

A  Several states have placed a moratorium on the death penalty.

B  Execution by burning remains legal upon the defendant’s request.

C  All execution methods are acceptable, depending on state law.

D  The death penalty has been virtually outlawed in all states.

A  conviction without due process

B  a biased jury

C  excessive bail

D  a delayed trial

A  Jury pools are allowed to exclude Black people when appropriate.

B  Poor defendants in felony cases are now provided counsel by the state.

C  Jury pools are allowed to exclude females when appropriate.

D  A jury “of one’s peers” generally means a jury of White men.

A  the right against self-incrimination

B  the right to an impartial jury

C  the right against cruel and unusual punishment

D  the right against double jeopardy

A  A citizen cannot be tried without a court-appointed lawyer.

B  A citizen cannot be tried for a crime without an eyewitness.

C  A citizen cannot vote after being convicted of a federal crime.

D  A citizen cannot be tried twice for the same crime.

A  protection against self-incrimination

B  protection against unlawful search and seizure

C  the right to be confronted by accusing witnesses

D  the right to a speedy trial

A  the Affordable Care Act

B  the Patriot Act

C  the Emergency Economic Stabilization Act

D  the No Child Left Behind Act

A  an unusual conduct exception

B  a good-faith exception

C  an in-plain-view incident

D  improper search and seizure

A  an officer acting in good faith

B  a threat to an individual’s safety

C  an item viewed by aerial surveillance

D  a sobriety checkpoint

A  facing trial without legal counsel

B  incarceration without conviction

C  illegal examination and confiscation of property

D  cruel and unusual punishment

A  President Trump issued an executive order requiring a mandatory three-day waiting period for all firearms in the United States.

B  The NRA issued a public statement reversing its stance on mandatory waiting periods.

C  Several states enacted laws or executive orders to reform gun control in their states.

D  The U.S. Congress immediately passed a law banning the sale or possession of bump stocks.

A  that every citizen has the right to form or join a militia

B  that the Second Amendment should only ever apply to the federal government

C  that the Second Amendment should be applied to the states

D  that the federal assault weapons ban is unconstitutional

A  The NRA issued a public apology for previously supporting the right to own automatic weapons.

B  Congress did not renew the federal assault weapons ban.

C  The FBI opened investigations into every American citizen with a history of mental illness.

D  President Obama issued an executive order banning all sales of assault weapons in the United States.

A  a man who already owns more than a hundred guns

B  a woman who has been hospitalized with schizophrenia

C  a naturalized citizen who resides in the United States

D  a person who has served time for a misdemeanor

A  The Court has yet to rule on the constitutionality of the amendment.

B  No federal laws have been passed to test the limits of the Second Amendment.

C  The language of the amendment has led to opposing interpretations.

D  Everyone agrees that the writing clearly allows for individual gun ownership.

A  a gag order

B  federal regulation

C  a national security directive

D  prior restraint

A  peaceful demonstrations in public spaces

B  uncensored journalism

C  workers’ strikes

D  the formation of social clubs

A  slander

B  defamation

C  libel

D  fighting words

A  convey an intention to insult another person

B  contribute to the public debate

C  convey unsavory ideas through advertisements

D  lack ideas that hold artistic or social value

A  defamation

B  political speech

C  commercial speech

D  obscenity

A  The Court found that student speech rights are unlimited.

B  The Court upheld the student’s right to display a political message.

C  The Court declared the case moot because the student had already graduated.

D  The Court upheld the school’s restrictions on student speech.

A  to deter children from drug use and minimize disruptions in school

B  to secure student rights established in the First Amendment

C  to ensure the security and safety of students on and off campus

D  to protect students from unreasonable search and seizures

A  Does making an offensive reference to Jesus in a public school violate the First Amendment right to freedom of religion?

B  Does a violation of the First Amendment right to free speech occur when a public school suspends a student for displaying a banner that advocates drug use?

C  Does forbidding an American citizen from publicly advocating drug use violate the First Amendment right to free speech?

D  Does a violation of the First Amendment right to free speech occur when a public school suspends a student for wearing a black armband as an antiwar protest?

A  six in the majority and three in the minority

B  The decision was unanimous.

C  seven in the majority and two in the minority

D  five in the majority and four in the minority

A  the right to use terms that are not politically correct

B  the right to protest outside a school building

C  T-shirts that promote cigarettes, drugs, or alcohol

D  the internet and web-based speech

A  political speech and anti-government messages

B  insults and slander

C  hate speech and drug-related messages

D  blasphemy and slang

A  whether students have any protected constitutional rights when they enter school

B  how overtly students can reference religious figures in a public-school setting

C  what types of student expression fall under the category of true threats of violence

D  whether public schools have the right to take proactive steps in restricting threats of violence

A  These events led to renewed justification for restricting student speech.

B  These events prompted a trend in the courts to restrict vulgar expression.

C  These events raised skepticism about how well schools can monitor student expression.

D  These events intensified efforts to protect students’ rights and civil liberties.

A  Schools could limit any speech that was disruptive to their educational mission.

B  Schools could limit only speech considered indecent or obscene.

C  Schools could limit only speech that was materially disruptive to school activities.

D  Schools could limit only violent expression.

A  The Court declared the case moot because the students had already graduated.

B  The Court upheld schools’ right to limit student speech considered indecent.

C  The Court struck down students’ constitutional right to free speech in school.

D  The Court upheld students’ constitutional right to free speech in school.

A  burning the American flag

B  openly carrying guns as a form of protest

C  distributing leaflets urging military inductees to resist the draft

D  falsely shouting “fire” in a crowded theater

A  political speech by corporations

B  political speech by individuals

C  political speech by members of the military

D  political speech by foreign entities

A  “revengeance” against the national government

B  “clear and present danger”

C  defamation

D  direct incitement

A  fighting words

B  obscenity

C  defamation

D  political speech

A  Does the person have a claim involving any religious beliefs?

B  The government action furthers a “compelling state interest.”

C  Does the government action have a secular legislative purpose?

D  Does the government action pose a substantial burden to the person’s ability to act on that belief?

A  It may endanger human safety.

B  The religion is unpopular.

C  Congress has outlawed the entire religion.

D  It is central to the faith.

A  The government action may not have the primary effect of advancing or inhibiting religion.

B  The government action must further a compelling state interest.

C  The government action may not result in excessive government entanglement in religion.

D  The government action must have a secular legislative purpose.

A  The government action must result in government entanglement in religion.

B  The government action must further a compelling religious interest.

C  The government action must have the primary effect of inhibiting religion.

D  The government action must have a secular legislative purpose.

A  the Lemon test

B  the Necessary and Proper Clause

C  the Free Exercise Clause

D  the Establishment Clause

A  the Free Exercise Clause

B  the Supremacy Clause

C  the Equal Protection Clause

D  the Due Process Clause

A  freedom of religion

B  the right to bear arms

C  freedom from unreasonable search and seizure

D  the right to due process of law

A  the private sector

B  local ordinances

C  state governments

D  the national government

A  10

B  50

C  12

D  27

A  the Eighth Amendment

B  the Sixth Amendment

C  the First Amendment

D  the Tenth Amendment

A  abortion

B  school prayer

C  medical marijuana

D  NSA surveillance