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Chapter 4: Civil Liberties

11 problems · 0 figures

4-1 §4.1 source ↗

The Bill of Rights was added to the Constitution because ________.
  1. a.
    key states refused to ratify the Constitution unless it was added
  2. b.
    Alexander Hamilton believed it was necessary
  3. c.
    it was part of the Articles of Confederation
  4. d.
    it was originally part of the Declaration of Independence

Answer

A. key states refused to ratify the Constitution unless it was added

4-3 §4.1 source ↗

The Fourteenth Amendment was critically important for civil liberties because it ________.
  1. a.
    guaranteed freed men the right to vote
  2. b.
    outlawed slavery
  3. c.
    helped start the process of selective incorporation of the Bill of Rights
  4. d.
    allowed the states to continue to enact Black codes

Answer

C. helped start the process of selective incorporation of the Bill of Rights

4-5 §4.1 source ↗

Briefly explain the concept of selective incorporation, and why it became necessary.

Answer

Selective incorporation is the process of expanding the application of the Bill of Rights to also include the states. It became necessary in order to guarantee people’s civil liberties equally across all states.

4-7 §4.2 source ↗

The Third Amendment can be thought of as ________.
  1. a.
    reinforcing the right to keep and bear arms guaranteed by the Second Amendment
  2. b.
    ensuring the right to freedom of the press
  3. c.
    forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments
  4. d.
    strengthening the right to a jury trial in criminal cases

Answer

C. forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments

4-9 §4.2 source ↗

Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.

Answer

The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish.

4-11 §4.3 source ↗

The Supreme Court case known as Kelo v. City of New London was controversial because it ________.
  1. a.
    allowed greater use of the power of eminent domain
  2. b.
    regulated popular ride-sharing services like Lyft and Uber
  3. c.
    limited the application of the death penalty
  4. d.
    made it harder for police to use evidence obtained without a warrant

Answer

A. allowed greater use of the power of eminent domain

4-13 §4.3 source ↗

The double jeopardy rule in the Bill of Rights forbids which of the following?
  1. a.
    prosecuting someone in a state court for a criminal act they had been acquitted of in federal court
  2. b.
    prosecuting someone in federal court for a criminal act they had been acquitted of in a state court
  3. c.
    suing someone for damages for an act the person was found not guilty of
  4. d.
    none of these options

Answer

D. none of these options

4-15 §4.3 source ↗

Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.

Answer

Someone accused of a crime may take a plea bargain because it reflects a clear path forward rather than the uncertainty of a trial. Typically plea bargains result in weaker punishments than does a court trial.

4-17 §4.4 source ↗

Which of the following rights is not explicitly protected by some state constitutions?
  1. a.
    the right to hunt
  2. b.
    the right to privacy
  3. c.
    the right to polygamous marriage
  4. d.
    the right to a free public education

Answer

C. the right to polygamous marriage

4-19 §4.4 source ↗

Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?
  1. a.
    Women must make more than one visit to an abortion clinic before the procedure can be performed.
  2. b.
    Minors must gain the consent of a parent or judge before seeking an abortion.
  3. c.
    Women must notify their spouses before having an abortion.
  4. d.
    Women must be informed of the health consequences of having an abortion.

Answer

C. Women must notify their spouses before having an abortion.

4-21 §4.4 source ↗

Explain the difference between a right listed in the Bill of Rights and a common-law right.

Answer

A right listed in the Bill of Rights is afforded clearer protection than one developed incrementally through court precedents.

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Problems and answers are adapted from American Government 4e by Glen Krutz and Sylvie Waskiewicz, OpenStax, and are used under the CC BY-NC-SA 4.0 licence. Access for free at https://openstax.org/books/american-government-4e/pages/1-introduction. Illustrations: Copyright Rice University, OpenStax, under CC BY-NC-SA 4.0 license. This adaptation is released under the same licence, is non-commercial, and is neither affiliated with nor endorsed by OpenStax or Rice University.