Keeping The Republic Power and Citizenship in American Politics 8th Edition Barbour Test Bank 1

Keeping the Republic: Power and Citizenship in American Politics, by Christine Barbour and Gerald C.
Wright,
©2015, CQ Press
TEST BANK
Test Bank for Keeping the Republic Power and Citizenship Formatted: Centered
in American Politics 8th Edition Barbour Wright

1506362184 9781506362182
Full download link at: Formatted: Normal, Centered, Space After: 0 pt, Pattern:
Clear
Test bank: https://testbankpack.com/p/test-bank-for-keeping-the-republic-power-and-citizenship-in-
american-politics-8th-edition-barbour-wright-1506362184-9781506362182/ Formatted: Font: (Default) Calibri, 11 pt, Font color: Auto
Chapter 5: Fundamental American Liberties

Test Bank
Multiple Choice
1. According to John Locke and the Declaration of Independence, our rights are ______.
a. granted by government
b. granted by our fellow citizens
c. natural
d. determined indirectly as whatever is not regulated by government
e. determined arbitrarily
Ans: C
Learning Objective: 5-1: Define rights and liberties and their role in a democratic society.
Cognitive Domain: Knowledge
Answer Location: Fundamental American Liberties
Difficulty Level: Easy
2. The difference between civil rights and civil liberties is ______.

a. inconsequential because the terms are used interchangeably in the United States
b. that civil rights involve speech, press, and religious freedom, whereas civil liberties involve
voting
c. that civil rights limit the power of government, whereas civil liberties expand the power of
government
d. that civil rights involve government action to secure rights of citizenship, whereas civil
liberties involve individual freedoms that limit the power of government
e. that civil rights involve freedoms, whereas civil liberties involve voting
Ans: D
Answer Location: Fundamental American Liberties
Difficulty Level: Medium
3. Individual actions can come into conflict with the collective good of society ______.
a. only when direct harm occurs to another specific individual
b. because individual actions often have important consequences and costs for society
Keeping the Republic: Power and Citizenship in American Politics, by Christine Barbour and Gerald C. Wright,
©2015, CQ Press
TEST BANK
c. whenever the majority agrees that such harm exists

d. only when the claim can be tied to a specific provision of the Constitution
e. only rarely because the collective good of society is nothing more than the summation of the
good of all the individual citizens
Ans: B
Answer Location: When Rights Conflict
Difficulty Level: Hard
4. The example provided in the textbook concerning the response to the September 11 attacks
demonstrates that ______.
a. “the ends justify the means”
b. the liberty of the people is always more important than the security needs of the nation
c. it may be hard to protect both liberty and security
d. liberties are far more likely to come into conflict with each other than is liberty to come into
conflict with security
e. liberty and security are never really in conflict
Ans: C
Cognitive Domain: Analysis
Answer Location: When Rights Conflict—The Case of National Security
5. As an arbiter between the rights of the individual and the exercise of power by society, the
Supreme Court ______.
a. has sided consistently with individual rights
b. has acted in an inconsistent manner across the spectrum of possible positions over the course
of American history
c. supported government power in the nineteenth century but has been consistently on the side of
the individual since then
d. leaned toward protection of the individual in the nineteenth century but has consistently
favored government power since then
e. has generally remained neutral and allowed Congress to decide issues of individual liberty
Ans: B
Answer Location: How Do We Resolve Conflicts About Rights?
6. An action that criminalizes an act after it occurs is a(n) ______.

a. unconstitutional ex post facto law
b. “closing the barn door after the horse is out” law
c. bill of attainder
d. habeas corpus law
©2015, CQ Press
TEST BANK
e. exclusionary rule type of law

Ans: A
Learning Objective: 5-2: Explain how the Bill of Rights relates to the federal government and to
the states.
Answer Location: Why Is a Bill of Rights Valuable?
7. The right of an accused to be brought before a judge and informed of the charges and evidence
against him or her is known as ______.
a. habeas corpus
b. ex post facto presentation
c. a bill of attainder
d. Miranda rights
e. a bill of presentment
Ans: A
the states.
8. The source of authority cited by the Supreme Court for applying the Bill of Rights to the states
is ______.
a. the Bill of Rights itself
b. Congress
c. the Fourteenth Amendment to the Constitution
d. Marbury v. Madison
e. Federalist No. 10
Ans: C
the states.
Answer Location: Applying the Bill of Rights to the States
9. All of the following statements concerning incorporation of the Bill of Rights are true
EXCEPT this one:
a. Incorporation has taken place on the basis of provisions of the Fourteenth Amendment.
b. Incorporation is a matter of interpretation rather than a constitutional principle.
c. The Supreme Court began the process of incorporation of the Bill of Rights in the late 1960s.
d. Incorporation has taken place on the theories of both selective incorporation and total
incorporation.
e. Without incorporation, the Bill of Rights would apply only to acts of the federal government.
Ans: C
©2015, CQ Press
TEST BANK
the states.
10. The rights the founders believed were essential to maintaining a representative democracy
included all of the following EXCEPT this one:
a. establishment of religion
b. the right to bear arms
c. freedom of speech
d. freedom of the press
e. the right to assemble and petition the government for redress of grievances
Ans: A
Learning Objective: 5-3: Describe how the First Amendment protects both church and state, as
well as individuals’ religious freedom.
Answer Location: Freedom of Religion
11. In the conflict between accommodationist and separationist views of the establishment
clause, the Supreme Court has, in recent times, ______.
a. sided consistently with the separationist position
b. sided consistently with the accommodationist position
c. been moving more and more toward the separationist position
d. been moving more and more toward the accommodationist position
e. established no clear pattern and has favored each position at various times
Ans: E
Answer Location: Freedom of Religion
12. The establishment clause guarantees ______.

a. that government will not create and support an official state church
b. that all citizens may freely engage in religious activities of their choice
c. that American government is based on Judeo-Christian values
d. that all churches shall have tax-exempt status
e. the right to set up a church whenever a religious group so desires
Ans: A
Answer Location: Why Is Religious Freedom Valuable?
©2015, CQ Press
TEST BANK
13. According to the Supreme Court, for school prayer to violate the establishment clause, it
must be ______.
a. part of official school activities
b. denominational
c. opposed by a majority of the students or their parents
d. anti-Semitic
e. objectionable to at least one student
Ans: A
Answer Location: The Establishment Clause: Separationists Versus Accommodationists
14. Separationists differ from accommodationists in that ______.

a. separationists wish to separate issues of school prayer from issues involving the establishment
clause
b. accommodationists wish to separate issues of school prayer from issues involving the
establishment clause
c. separationists favor a stricter separation of church and state than accommodationists
d. accommodationists favor a stricter separation of church and state than separationists
e. separationists favor a narrower interpretation of the free exercise clause
Ans: C
15. The test that seems to provide the most protection for free speech is the ______.
a. Lemon test
b. imminent lawless action test
c. clear and present danger test
d. Scalia test
e. bad tendency test
Ans: B
Learning Objective: 5-4: Demonstrate how the protections of freedom of speech and of the press
have been tested.
Answer Location: Speech That Criticizes the Government
16. The Lemon test established that ______.

©2015, CQ Press
TEST BANK
a. if there are prayers or Bible readings in schools, then students who do not wish to participate
must be excused
b. states may prohibit religious activities that present a clear and present danger
c. citizens may freely engage in the religious activities of their choice
d. there shall be no excessive entanglement of government and religion
e. no state could establish an official religion
Ans: D
17. According to the textbook, free speech is valuable for all of the following reasons EXCEPT
this one:
a. It helps create an informed citizenry.
b. It provides a voice for the minority.
c. It is good for economic development.
d. It provides a watchdog over government.
e. It helps preserve the truth.
Ans: C
have been tested.
Answer Location: Why Is Freedom of Expression Valuable?
18. In attempting to decide when speech can be prohibited, the Supreme Court has ______.
a. made it easier for the government to suppress speech
b. clarified when the government can suppress speech
c. made it harder for the government to suppress speech
d. been reluctant to interfere with the government’s authority to suppress speech
e. rarely had to address when the government can suppress speech
Ans: C
have been tested.
Answer Location: Symbolic Speech
19. Which of the following statements does NOT reflect the Supreme Court’s view of freedom of
expression?
a. Flag burning is protected under the Constitution.
b. Associations such as the NAACP can be required to make their membership lists public.
c. Prior restraint of the press can occur only during extreme emergencies.
©2015, CQ Press
TEST BANK
d. Pornography is protected on the Internet.

e. Political speech can be restricted only if it leads to “imminent lawlessness.”
Ans: B
have been tested.
20. Which of the following statements concerning the protection of free expression in the United
States is NOT true?
a. Americans have often found it easy to suppress the free expression of unpopular ideas.
b. Free expression has been suppressed at times in the name of national security.
c. One argument in favor of free expression is that it aids in the search for truth.
d. The Supreme Court has consistently favored expansion of the freedom of expression.
e. One argument in favor of the suppression of false ideas is that they are a threat to the truth.
Ans: D
have been tested.
21. In Florence v. Board of Chosen Freeholders of County of Burlington, the Court ruled that the
plaintiff could be ______.
a. arrested for symbolic speech because his actions constituted an imminent threat to public
safety
b. subject to a strip search for a minor offense he didn’t commit because concerns over jail
security outweigh an individual’s privacy rights
c. strip searched because the suspect’s conduct gave the police a reasonable suspicion that a
crime had been committed or was about to be committed
d. released from jail because he was not informed of his Miranda rights prior to being placed in
the jail population
e. released from jail due to police misconduct, which included forcing the suspect to lift his
genitals after being booked at the police station
Ans: B
Learning Objective: 5-6: Describe the protections afforded criminal defendants under the
Constitution.
Answer Location: Protection Against Unreasonable Searches and Seizures
22. The national government decides to prosecute a speaker who states at a political rally, “The
U.S. government’s policy toward the Middle East is responsible for the violence in the region,
and our leaders should be forced to change their policy.” Although the government would most
©2015, CQ Press
TEST BANK
likely be unsuccessful, for what would the government prosecute the speaker?
a. symbolic speech
b. fighting words
c. sedition
d. libel
e. slander
Ans: C
have been tested.
23. The Supreme Court’s ruling in Brandenburg v. Ohio is significant because it ______.
a. created a new standard for regulating political speech
b. solved the question of what to do when violent speech is linked with violent action
c. created the clear and present danger test
d. declared certain kinds of symbolic speech to be unconstitutional
e. created a new test to determine whether something was pornographic
Ans: A
have been tested.
24. The Supreme Court has ruled that ______.

a. symbolic speech is always protected
b. symbolic speech is never protected
c. symbolic speech is not protected when it is most likely to inspire fear of bodily harm
d. flag burning is not symbolic speech
e. symbolic speech may be prohibited when it offends the public’s values
Ans: C
have been tested.
25. It is difficult for the Supreme Court to determine the exact meaning of obscenity because
______.
a. the whole area is so subjective that wide disagreement exists
b. few historical cases have examined the issue
c. there are so few obscenity tests to choose from
d. radical feminists and conservatives strongly disagree on the issue
©2015, CQ Press
TEST BANK
e. teachers and students strongly disagree on the issue

Ans: A
have been tested.
Answer Location: Obscenity and Pornography
26. An interesting result of the obscenity debate has been ______.

a. the absence of politics in the debate
b. the alliance of conservatives and radical feminists in opposition to obscenity
c. the alliance of the pornography industry and feminists to fight for looser restrictions on what is
considered obscene
d. the alliance of big business and labor in opposition to obscenity
e. a split on the issue in the Republican Party
Ans: B
have been tested.
Answer Location: Obscenity and Pornography
27. The founders’ opposition to prior restraint showed their commitment to ______.
a. the right to due process of law
b. freedom of the press
c. freedom of assembly
d. the right to bear arms
e. freedom of religion
Ans: B
have been tested.
Answer Location: Freedom of the Press
28. The idea that language shapes behavior and, therefore, should be regulated to control its
social effects is known as ______.
a. the free exercise clause
b. political correctness
c. fighting words
d. obscenity
e. libel
Ans: B
have been tested.
©2015, CQ Press
TEST BANK

Answer Location: Fighting Words and Offensive Speech
29. The Supreme Court has ruled that prior restraint ______.
a. may be used by presidents in situations they declare involve national security
b. may be used in cases in which words are malicious
c. may be upheld only in cases of extreme emergency
d. may be upheld when Congress has granted the president legal authority to censor
e. is always unconstitutional
Ans: C
have been tested.
30. Written defamation of character is known as ______.

a. obscenity
b. libel
c. political falsehood
d. slander
e. sedition
Ans: B
have been tested.
31. The Supreme Court has ruled that public figures can win libel suits against the mass media
only when the ______.
a. claims made by the media are false
b. claims made by the media damage the reputation of the public figure
c. public figure does not agree with the claims
d. claims made by the media will affect the outcome of an election
e. claims made by the media are known by them to be false or are made with reckless disregard
for the truth of the claims
Ans: E
have been tested.
©2015, CQ Press
TEST BANK
32. In the conflict between media access to a trial and a defendant’s right to a fair trial, the
Supreme Court has ______.
a. generally restricted press access to a trial
b. rarely considered whether the person is a public figure
c. relied on the defendant’s feelings to determine if there should be press access to the trial
d. made total media access the norm after the O. J. Simpson trial
e. generally permitted press access to most stages of the legal proceedings
Ans: E
have been tested.
33. The Supreme Court has ruled that ______.

a. public figures have more protection from the press than other members of the public
b. public figures have the same protection from the press as other members of the public
c. public figures have less protection from the press than other members of the public
d. only nonpolitical public figures have as much protection from the press as other members of
the public
e. only political public figures have as much protection from the press as other members of the
public
Ans: C
have been tested.
34. The Supreme Court ruled recently that the Second Amendment ______.
a. establishes only a collective right of the states to have militias
b. does not apply to the states
c. establishes an individual right to bear arms
d. applies to the states
e. is ambiguous and should be disregarded
Ans: C
Learning Objective: 5-5: Give examples of different interpretations of the Second Amendment’s
meaning.
Answer Location: The Right to Bear Arms
35. The Supreme Court ruled recently that the Second Amendment individual right to bear arms
______.
a. applies to the states as well as to the national government
©2015, CQ Press
TEST BANK
b. applies only to the national government

c. is restricted to rifles
d. should be replaced in favor of an interpretation that the right to bear arms is a collective right
of the states
e. does not apply to individuals convicted of misdemeanor domestic assault
Ans: A
meaning.
36. The current status of the exclusionary rule is that ______.

a. evidence obtained unconstitutionally may not be used in court
b. evidence obtained unconstitutionally may be used in court, but the defendant may sue the
police in civil court or bring criminal charges against them
c. the exclusionary rule has been eliminated
d. unconstitutionally gathered evidence may be used in court as long as the police did not violate
the Constitution deliberately; however, the burden is on the police to show they acted in good
faith
e. none of the above
Ans: D
Constitution.
37. The Supreme Court has ruled that the exclusionary rule should ______.
a. apply only when the police conduct an illegal search deliberately; however, the burden is on
the police to show they acted in good faith
b. apply only to acts of the national government
c. be eliminated
d. be expanded to cover searches conducted by the military
e. not apply to cases involving investigations of terrorism
Ans: A
Constitution.
38. The exclusionary rule is the Supreme Court rule that states that ______.
a. illegally seized evidence cannot be used to obtain a conviction
b. special regulations promulgated by the president to keep foreign aliens from entering the
©2015, CQ Press
TEST BANK
country apply only during a national crisis

c. a defendant’s previous record cannot be raised in a trial
d. evidence not related to a crime must be excluded from a person’s trial
e. a defendant’s religious activities must be excluded from evidence
Ans: A
Constitution.
39. Miranda v. Arizona held that ______.

a. confessions will be judged by the “totality of circumstances” rule
b. all confessions must be made in the presence of a lawyer
c. police can no longer use confessions as a basis for arresting a person
d. police have to advise people of their constitutional rights prior to questioning
e. confessions obtained beyond U.S. borders cannot be used as evidence in U.S. courts
Ans: D
Constitution.
Answer Location: Protection Against Self-Incrimination
40. The right against self-incrimination ______.

a. applies only during trial
b. does not apply at the federal level under the Crime Control and Safe Streets Act
c. applies to suspects only in capital cases
d. applies at all stages of a criminal proceeding at the state and national levels
e. was weakened when the Supreme Court reversed the Miranda decision
Ans: D
Constitution.
Answer Location: Protection Against Self-Incrimination
41. The current status of the right to counsel in criminal trials is that ______.
a. the Supreme Court has eliminated the right to counsel
b. the Supreme Court has extended the right to counsel to civil cases
c. the Supreme Court has restricted the right to counsel to those earning less than $3,000 per year
d. there has been no change in the law since the Gideon case, and the states have undergone a
great financial burden to make sure every defendant has competent counsel
e. in many places, the right to counsel is complied with on a minimal basis
Ans: E
©2015, CQ Press
TEST BANK
Constitution.
Answer Location: Right to Counsel
42. It is difficult to know when to apply the prohibition against cruel and unusual punishment
because ______.
a. the definitions of cruel and unusual are difficult to establish
b. the public presses the government to inflict cruel punishments
c. cruel punishments are often warranted
d. crime can be suppressed only if the government is willing to be cruel
e. unusual punishments are often necessary for unusual defendants
Ans: A
Constitution.
Answer Location: Protection Against Cruel and Unusual Punishment
43. Support of capital punishment has been weakening in the United States, mostly due to public
concern that ______.
a. the international community strongly disapproves of it
b. the system might be executing innocent people
c. it is inherently wrong in principle
d. it encourages violent behavior
e. the death sentence isn’t used often enough in criminal cases
Ans: B
Constitution.
44. Which of the following statements best describes the constitutional right to privacy?
a. The courts have ruled that a right to privacy applies only to cases of reproductive rights.
b. A right to privacy is not clearly spelled out in the Constitution, but many people argue the
right is implied.
c. A right to privacy is spelled out explicitly in the Tenth Amendment.
d. The founders did not support a right to privacy, as evidenced by the Bill of Rights.
e. A right to privacy exists in the federal Constitution but not in most state constitutions.
Ans: B
Learning Objective: 5-7: Discuss the extent of an individual’s right to privacy.
Answer Location: Why Is the Right to Privacy Valuable?
©2015, CQ Press
TEST BANK
45. The authors of the text conclude that the question of whether and how the states should
regulate abortion ______.
a. is settled law
b. has receded from political debate
c. is likely to remain a divisive issue in American politics for some time
d. has moved to the state level as an issue
e. will inevitably be decided in favor of those claiming that a right to abortion exists
Ans: C
46. The Supreme Court’s ruling in Griswold v. Connecticut is significant because it ______.
a. protected a poor person’s right to counsel
b. opened the door for a variety of claims regarding the right to privacy
c. incorporated the exclusionary rule
d. created a new standard regarding the regulation of political speech
e. changed precedent regarding searches and seizures
Ans: B
Answer Location: Reproductive Rights
47. The Supreme Court has ruled that the right to refuse medical life support ______.
a. does not exist
b. is superseded by the authority of the state to protect life
c. is a matter for individuals to decide for themselves
d. has very limited protection
e. can be decided by the families when individuals cannot speak for themselves and their wishes
are unknown
Ans: C
Answer Location: The Right to Die
48. In reading about the issues discussed in the textbook concerning the right to privacy, one
would conclude that most of the controversies over this right involve ______.
a. life and death
b. the privacy of information
c. education
©2015, CQ Press
TEST BANK
d. travel
e. those accused of a crime
Ans: A
Answer Location: Various pages
49. According to the textbook, we value individual rights because they lead to ______.
a. a safer society
b. collective benefits
c. a more politically active society
d. a more informed society
e. material benefits
Ans: B
Learning Objective: 5-8: Compare the idea of civil rights with that of civil obligations.
Answer Location: The Citizens and Civil Liberties
50. An action that criminalizes an act after it occurs is ______.

a. nullum crimen
b. ex ante
c. an ex post facto law
d. ex gratia
Ans: C
the states.
Cognitive Domain: Comprehension
51. The source of authority cited by the Supreme Court for applying the Bill of Rights to the
states is the ______ Amendment to the Constitution.
a. Fourteenth
b. Tenth
c. Eighth
d. Sixth
Ans: A
the states.
©2015, CQ Press
TEST BANK
True/False
1. Incorporation is the Supreme Court action that makes the protections of the Bill of Rights
applicable to the states.
Ans: T
the states.
2. In the conflict between accommodationist and separationist views of the establishment clause,
the Supreme Court has, in recent times, sided consistently with the separationist position.
Ans: T
3. The test that seems to provide the most protection for free speech is the imminent lawless
action test.
Ans: T
have been tested.
Answer Location: Un-American Activity
4. The founders’ opposition to prior restraint showed their commitment to Articles of

Confederation.
Ans: F
have been tested.
5. The idea that language shapes behavior and, therefore, should be regulated to control its social
effects is known as grandstanding.
Ans: F
have been tested.
Answer Location: Fighting Words and Offensive Speech
©2015, CQ Press
TEST BANK
Fill in the Blank
1. Written defamation of character is known as ______.

Ans: libel
have been tested.
2. The Supreme Court ruled recently that the ______ establishes an individual right to bear arms.
Ans: Second Amendment
meaning.
3. ______ states that evidence seized illegally may not be used to obtain a conviction.
Ans: The exclusionary rule
Constitution.
4. The Supreme Court’s ruling in ______ is significant because it opened the door for a variety
of claims regarding the right to privacy.
Ans: Griswold v. Connecticut
Answer Location: Reproductive Rights
5. In _______, the Supreme Court declared that sodomy laws violate a person’s right to privacy.
Ans: Lawrence v. Texas
Answer Location: Gay Rights
6. According to the textbook, we value ______ because they lead to collective benefits.
Ans: individual rights
©2015, CQ Press
TEST BANK
Answer Location: The Citizens and Civil Liberties
Short Answer
1. Identify and describe the two main positions concerning the separation of church and state.
Ans: Separationists believe that there should be a wall of separation between church and state.
Accommodationists believe that the state should accommodate religion without showing a
preference for one religion over another.
Cognitive Domain: Application
2. List four reasons discussed in the textbook to explain why freedom of expression is considered
so valuable.
Ans: Informed citizenry, a watchdog for government, a voice for the minority, and preservation
of the truth
have been tested.
Answer Location: Why Is Freedom of Expression Valuable?
Essay
1. Summarize the Supreme Court’s rulings on the exclusionary rule since the Mapp case.
Ans: In recent decades, the Court has reduced the scope of the exclusionary rule by creating a
good faith exception, requiring an attorney through only one round of appeals, and ruling that the
police must intentionally violate the constitutional rule against illegal searches and seizures for
evidence to be thrown out. However, this does not mean that the police can act in a cavalier and
reckless fashion. If the attorney for a defendant presents a valid argument that evidence was
obtained in an unconstitutional manner, the burden is on the government to show the error was
not intentional.
Constitution.
3. What have been the two major legal controversies surrounding the use of the death penalty?
©2015, CQ Press
TEST BANK
Ans: Students should discuss the debate over cruel and unusual punishment and whether the
Court has ruled the death penalty is racially biased.
Constitution.
4. As Americans, we take pride in the many rights that we have. Often it is not clear what
happens when rights conflict with one another. What are rights? What are the two ways that
rights conflict? Provide two examples of each of the ways that rights conflict, and explain them.
Where do we turn for help when our rights have conflicted?
Ans: Students should explain that rights are freedoms or privileges to which one has claim.
According to John Locke, rights are “natural,” and one of the primary purposes of government is
to preserve the natural rights of citizens. The first way that rights conflict is between individuals.
Examples include a free press versus a right to privacy and the conflict over a right to say a
prayer at the beginning of school and a right not to be subjected to such prayer. The second way
that rights conflict is when the rights of individuals are pitted against the needs of society.
Seatbelt laws and laws making prostitution illegal are examples. Among the actors we turn to
when our rights conflict are the courts, Congress, the president, and interest groups. Strong
answers will explain how each actor resolves the conflict (for example, courts through rulings or
Congress through laws).
5. On the face of it, freedom of religion seems to be a relatively easy concept to understand. In
reality, it is fairly complex. Describe the establishment clause and the free exercise clause. Why
has each been so controversial? What has the Supreme Court ultimately ruled regarding these
two clauses?
Ans: Students should define the establishment and free exercise clauses and explain that they are
controversial because they can be interpreted in different ways. For example, some people argue
that the free exercise clause guarantees a right to have public school prayer while others point to
the clause as a reason that public school prayer is unconstitutional. Students should discuss the
tension between accommodationists and separationists. They should note that the court rulings
have included some in favor of accommodationists and others in favor of separationists, and they
should provide a few examples of each type of ruling.
Answer Location: Why Is Religious Freedom Valuable?
6. One of Americans’ most cherished liberties is the right to free speech and expression.
©2015, CQ Press
TEST BANK
Nowhere does the tension between security and freedom become more acute than in issues
involving claims of sedition. Trace the evolution of the Court’s position on suppression of
speech deemed to be sedition. How have perceived threats to the nation influenced the creation
of laws on sedition and the Court’s response to those laws? What tests has the Court adopted,
and how do the tests represent a changing view on the part of the Court’s members regarding the
balance between security and liberty?
Ans: Students should trace the relationship between various perceived threats to the nation over
its history and the adoption of various laws against sedition. They should identify each new test
for the constitutionality of laws against sedition. They should also stress that the Court has not
always provided a strong defense against such laws.
have been tested.
7. The Supreme Court recently ruled that the right to bear arms is an individual right, not merely
a collective right of the states concerned with their need for militias. Do you agree or disagree
with this decision? What restrictions on gun ownership and use would you support?
Ans: A good answer will present the four reasons discussed in the book in defense of the Second
Amendment as securing an individual right to bear arms and expand on them some: (1) Hunting
and other leisure activities involving guns do not hurt anybody and are an important part of
American culture, (2) the possession of guns is necessary for self-defense, (3) citizens should
have the right to arm themselves to protect their families and properties from a potentially
tyrannical government, and (4) it is not government’s business to regulate gun use. On the other
side of the argument, students should point out that advocates of gun control (1) argue that none
of these reasons has anything to do with the Second Amendment, (2) point to statistics that show
that countries with stricter gun control laws have less violence and few gun-related deaths, (3)
remind us that no right is absolute, and (4) point out the irony in claiming the protection of the
Constitution to own weapons that could be used to overturn the very government the
Constitution supports. Students also should address the issue of which side they think has the
more persuasive arguments.
meaning.
8. Americans are deeply divided over the right to privacy. Almost all Americans believe in the
right to some privacy, but there is little agreement regarding what should be private and what can
be regulated. Why is there so much disagreement over the right to privacy? Why is the issue so
heated?
Ans: Students should note that a right to privacy is so controversial because of the ambiguity
surrounding the right. A right to privacy is not spelled out in the Constitution but is merely
implied.
©2015, CQ Press
TEST BANK

9. The textbook examines three issues regarding privacy: reproductive rights, gay rights, and the
right to die. Pick one of these issues, and discuss what the courts have ruled regarding the issue.
Do you agree or disagree? Defend your argument.
Ans: The right to privacy is so heated because it often involves issues of life and death and
battles over gay rights. Unlike some other issues, these issues elicit strong views from
Americans.

Keeping The Republic Power and Citizenship in American Politics 8th Edition Barbour Test Bank 1

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Keeping The Republic Power and Citizenship in American Politics 8th Edition Barbour Test Bank 1

Uploaded by

Copyright:

Available Formats

Keeping the Republic: Power and Citizenship in American Politics, by Christine Barbour and Gerald C.

in American Politics 8th Edition Barbour Wright

Chapter 5: Fundamental American Liberties

2. The difference between civil rights and civil liberties is ______.

c. whenever the majority agrees that such harm exists

6. An action that criminalizes an act after it occurs is a(n) ______.

e. exclusionary rule type of law

12. The establishment clause guarantees ______.

Difficulty Level: Easy

14. Separationists differ from accommodationists in that ______.

16. The Lemon test established that ______.

d. Pornography is protected on the Internet.

24. The Supreme Court has ruled that ______.

e. teachers and students strongly disagree on the issue

26. An interesting result of the obscenity debate has been ______.

Cognitive Domain: Knowledge

30. Written defamation of character is known as ______.

33. The Supreme Court has ruled that ______.

b. applies only to the national government

36. The current status of the exclusionary rule is that ______.

country apply only during a national crisis

39. Miranda v. Arizona held that ______.

40. The right against self-incrimination ______.

Difficulty Level: Easy

50. An action that criminalizes an act after it occurs is ______.

4. The founders’ opposition to prior restraint showed their commitment to Articles of

Difficulty Level: Easy

Fill in the Blank

1. Written defamation of character is known as ______.

Learning Objective: 5-7: Discuss the extent of an individual’s right to privacy.

You might also like