Name(s):     Period: 
 
What I plan to do tomorrow when the temperature is 80! 

5.2

Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 1. 

Civil Liberties are natural rights, which Jefferson said come from a Creator, and are considered a human birthright, they are not something which government can take away. Civil Rights, on the other hand, are rights
a.
that are temporary, not eternal, and thus must be reaffirmed in every election cycle or they risk being lost.
c.
that are often abused by governments and must therefore be protected by the citizens.
b.
that are not natural, but inventions of government and are often changed to fit the customs and habits of the people at different times.
d.
that don’t come from a Creator, but come from the government as guarantees of equal rights and fair treatment under the law.
 

 2. 

The case of Marbuy v. Madison established what special power of the Supreme Court of the United States?
a.
judicial review, the power to declare acts of Congress unconstitutional.
c.
the right of refusal, which means the Court must hear all cases which come to it by way of appeal.
b.
Stare decisis, the requirement that all previous Court decisions on a matter must be followed.
d.
Its appelate power, which makes it the final arbiter of all court decisions in the U.S.
 

 3. 

The Bill of Rights originally protected individuals only against the actions of
a.
citizens who had convicted of crimes
c.
the national, federal government
b.
of those who consciously meant to limit their constitutional freedoms.
d.
all governments, including state, local and national.
 

 4. 

The expression “equal protection of the laws” (sometimes called the “equal protection clause”) comes from
a.
the First Amendment.
c.
the 14th amendment
b.
the preamble to the constitution.
d.
a quote from Oliver Wendell Holmes.
 

 5. 

The Supreme Court case Plessy v. Ferguson interpreted the equal protection clause to allow facilities for different races that
a.
were exactly the same
c.
were the same. That is, there were not separate facilities but just one set of facilities that all races could use.
b.
were “separate but equal.”
d.
accomodated the different nature of each race.
 
 
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 6. 

Study the flow chart, summarizing the Supreme Court’s rulings on the establishment clause regarding religion and public schools. Based on the Court’s trend, future cases related to this matter will most likely
a.
limit prayer and religious activity in schools.
b.
increase funding for secular schools.
c.
allow prayer and religious activity in schools funded by taxes.
d.
abolish prayer in schools.
 
 
Although a school may not itself lead or direct a religious club, a school that permits a student-initiated and student-led religious club to meet after school, just as it permits any other student group to do, does not convey the message of state approval or endorsement of that particular religion.”
—Justice Sandra Day O’Connor, 1990
 

 7. 

Based on Sandra Day O’Connor’s statement, what kind of religious group would be allowed at Bartlett High School?
a.
student-led Bible study on school premises.
b.
teacher-led Bible study on school premises.
c.
student-led prayer at school football games.
d.
clergy-led prayer at high school graduations.
 

 8. 

The Supreme Court case Gitlow v. NY was such a crucial decision
a.
because it created the protection of free speech for Americans
c.
because it finally agreed that the Bill of Rights was a real part of the Constitution.
b.
because it did limit actions by state governments that infringed on free speech.
d.
because it incoporated the idea that states could ignore the Bill of Rights.
 

 9. 

When the Supreme Court determines the ruling of a lower court is unconstitutional, and returns the case to the lower court, which of the following is NOT an option that lower court has?
a.
the lower court may alter its original decision to conform to the Court’s opinion
c.
the lower court can dismiss the case.
b.
the lower court can retain its original decision.
d.
the lower court can order a new trial.
 

 10. 

What court case overruled the Plessy interpretation of the equal protection clause?
a.
Brown v. Board of Education
c.
Gitlow v NY
b.
Barron v Baltimore
d.
Des Moines v. Chicago
 

Matching
 
 
Match these items as being either Civil Rights, Civil Liberties or neither:
a.
Civil Liberties
c.
neither
b.
Civil Rights
 

 11. 

freedom of speech
 

 12. 

Right to legal counsel
 

 13. 

Freedom of religion
 

 14. 

Protection from unreasonable searches and seizures
 

 15. 

Voting
 

 16. 

The right to work.
 

 17. 

The right to trial by jury
 

 18. 

Freedom of assembly
 

 19. 

Freedom of the press
 

 20. 

Right to due process
 

Short Answer
 
 
Understanding Concepts
 

 21. 

Incorporation. Explain the process of incorporation involving the Bill of Rights.
 



 
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