Before the Fourteenth Amendment transformed the federal-state relationship, the Bill of Rights was generally understood to limit which government?
05 Civil Liberties and the Fourteenth Amendment Online Quiz Questions
Use this free practice quiz with 20 questions to review 05 Civil Liberties and the Fourteenth Amendment, test your knowledge, and prepare for your next test or exam.
A state plans to terminate an important public benefit without giving the recipient notice or an opportunity to contest the decision. Which due process question is most directly raised?
- A
Whether fair procedures were used before the deprivation
- B
Whether the government may enact the law at all
- C
Whether similarly situated people were treated differently
- D
Whether the right has been incorporated
What does it mean when the Supreme Court incorporates a Bill of Rights protection against the states?
- A
It automatically invalidates every state restriction related to that right
- B
It applies only when a state voluntarily adopts the federal rule
- C
It makes the right applicable to the states, after which the governing constitutional test must still be applied
- D
It replaces the Fourteenth Amendment with the state constitution
Which of the following are among the three major protections in Section 1 of the Fourteenth Amendment? Select all correct choices.
- A
Privileges or Immunities Clause
- B
Commerce Clause
- C
Due Process Clause
- D
Equal Protection Clause
Which two statements accurately describe selective incorporation? Select all correct choices.
- A
The Court considers specific rights rather than applying the entire Bill of Rights in one decision.
- B
The Due Process Clause has been the main textual basis for incorporation.
- C
Every provision of the Bill of Rights automatically applies to the states once any one right is incorporated.
- D
Incorporation is based only on the Equal Protection Clause.
The Fourteenth Amendment was ratified in 1868.
- A
True
- B
False
Once a Bill of Rights protection is incorporated against the states, every state restriction involving that protection is automatically unconstitutional.
- A
True
- B
False
In what year was the Fourteenth Amendment ratified? Enter the year as four digits.
What is the name of the doctrine under which particular Bill of Rights protections are applied to the states when they are fundamental to ordered liberty and justice?
asks whether fair procedures were used before a protected interest was taken away, whereas asks whether the government may infringe a fundamental liberty at all.
Many Bill of Rights protections became enforceable against state governments through the , primarily using its .
A person challenges a state law as violating a civil liberty protected by the Bill of Rights. Explain the sequence a court should use to analyze the claim, including why incorporation alone does not necessarily resolve the case.
What constitutional principle did Gitlow v. New York establish despite the Court upholding Gitlow's conviction?
- A
It held that all state laws restricting speech are invalid.
- B
It recognized that freedom of speech and press could be protected against state interference through the Fourteenth Amendment.
- C
It held that the Bill of Rights applies to states only through the Equal Protection Clause.
- D
It rejected the idea that any First Amendment protection could apply to the states.
A state law limits a form of religious practice in 1833. Under the constitutional understanding reflected in Barron v. Baltimore, which statement best describes the federal Bill of Rights's initial effect on that state law?
- A
The Bill of Rights automatically applied to all state and local governments.
- B
The Bill of Rights was understood primarily as a limit on the federal government.
- C
States were prohibited from regulating speech under their own constitutions.
- D
The Fourteenth Amendment had already incorporated the Bill of Rights.
A state agency plans to terminate an important public benefit but gives the recipient no notice or opportunity to contest the decision. Which constitutional issue most directly describes this problem?
- A
Whether the law interferes with a fundamental liberty even after fair procedures are provided
- B
Whether similarly situated people are treated differently
- C
Whether the government used notice and an opportunity to be heard before the deprivation
- D
Whether the challenged conduct is attributable to a private organization
Which principle is best illustrated by Gitlow v. New York?
- A
A right can be incorporated even when the government ultimately prevails in the individual case.
- B
A state law is unconstitutional whenever it affects an incorporated right.
- C
Gitlow held that no First Amendment protection applies to state action.
- D
Incorporation applies only when the Supreme Court invalidates the challenged law.
A court is deciding whether a particular federal criminal-procedure guarantee binds a state. Which approach most closely follows the modern incorporation method described in Duncan v. Louisiana?
- A
First determine whether the state has a stricter rule than the federal government, then invalidate any difference.
- B
First decide whether the Privileges or Immunities Clause applies, then incorporate the entire Bill of Rights.
- C
First determine whether the defendant received a hearing, then apply equal protection automatically.
- D
First identify the specific right, assess its historical importance and fundamental character, and then determine whether it applies to the states.
True or false: Once a Bill of Rights protection is incorporated against the states, the government automatically loses every case involving a restriction on that protection.
- A
True
- B
False
What is the standard name of the Fourteenth Amendment clause that has served as the primary constitutional basis for selective incorporation?
In what year was the Fourteenth Amendment ratified? Enter the year only.