Summary

This document contains multiple-choice questions pertaining to U.S constitutional law, with focus on Supreme Court decisions. It appears to be an exam paper or practice test designed for secondary school students.

Full Transcript

1 1 / 1 point In both Yates v U.S. (1957) & Brandenburg v Ohio (1969), the Supreme Court recognized what important distinction regarding speech? the government can place limits on speech during times of war , Not Selected speech that encourages hate of a particular group is never protected , N...

1 1 / 1 point In both Yates v U.S. (1957) & Brandenburg v Ohio (1969), the Supreme Court recognized what important distinction regarding speech? the government can place limits on speech during times of war , Not Selected speech that encourages hate of a particular group is never protected , Not Selected Correct answer: the court acknowledged a difference between encouraging thought & encouraging actions, including actions that merely resulted from speech but were not directly advocated for there is a difference between speech that encourages violence & speech that actually results in violence, with the former being protected & the latter being punishable , Not Selected Results for question 2. 2 1 / 1 point In response to the Bipartisan Campaign Reform Act (McCain-Feingold Act), the United States Supreme Court, in Citizens United v Federal Election Commission (2010), ruled that Correct answer: independent political expenditures by corporations and unions to influence voters are protected by the First Amendment limits on campaign contributions by minors are constitutional under the First Amendment , Not Selected limits cannot be placed upon candidates’ contributions to their own campaigns , Not Selected limits on issue advertisements 90 days before an election are unconstitutional , Not Selected Results for question 3. 3 1 / 1 point With respect to prayer in public schools, the United States Supreme Court has ruled that since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer , Not Selected the free exercise clause permits teachers to mandate silent prayer , Not Selected state-sponsored prayer is permitted by the free exercise clause of the First Amendment , Not Selected Correct answer: state-sponsored prayer violates the establishment clause of the First Amendment Results for question 4. 4 1 / 1 point The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? the Fourteenth Amendment's Equal Protection Clause , Not Selected Correct answer: the Fourteenth Amendment's Due Process Clause the necessary & proper clause , Not Selected the Civil Rights Act of 1964 , Not Selected Results for question 5. 5 1 / 1 point According to the Clear & Present Danger Test, speech may be more easily restricted Correct answer: whenever the U.S. is at war when it incites violent action , Not Selected if the writer/speaker is not a U.S. citizen , Not Selected if deemed offensive to religious organizations , Not Selected Results for question 6. 6 1 / 1 point Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court? It is protected from infringement by the federal government but not from infringement by state governments , Not Selected Correct answer: It protects the right to express opinions even without the actual use of words It allows citizens to disobey laws that they believe to be unjust , Not Selected It protects the use of language deemed obscene by the courts , Not Selected Results for question 7. 7 1 / 1 point Which of the following statements best describes how citizens regard the rights of free speech and assembly? The average citizen is more supportive of these rights than are members of the elite , Not Selected Correct answer: A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support A majority actively supports these rights without any reservations , Not Selected A majority opposes these rights in principle , Not Selected Results for question 8. 8 1 / 1 point The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to prevent states from taxing agencies of the federal government , Not Selected expand presidential power , Not Selected restrict the application of judicial review , Not Selected Correct answer: make most rights contained in the Bill of Rights applicable to the states Results for question 9. 9 1 / 1 point “There can be no doubt that New York's state prayer program officially establishes the religious beliefs embodied in the Regents' prayer. The respondents' argument to the contrary, which is largely based upon the contention that the Regents' prayer is "nondenominational" and the fact that the program, as modified and approved by state courts, does not require all pupils to recite the prayer, but permits those who wish to do so to remain silent or be excused from the room, ignores the essential nature of the program's constitutional defects. Neither the fact that the prayer may be denominationally neutral nor the fact that its observance on the part of the students is voluntary can serve to free it from the limitations of the Establishment Clause…” --Justice Hugo Black, Engel v. Vitale, 1962 On which of the following constitutional principles did the Supreme Court base its decision in Engel v. Vitale? freedom of assembly , Not Selected Correct answer: the establishment clause freedom of speech , Not Selected the free exercise clause , Not Selected Results for question 10. 10 1 / 1 point “We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy."… "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity."… The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint."… The District Court…in the New York Times case, and… the District Court…in the Washington Post case held that the Government had not met that burden. We agree.” --Per Curiam Opinion, New York Times v. United States, 1971 Which of the following did the Supreme Court permit in New York Times v. United States? printing military strategies during the Vietnam War , Not Selected Nixon’s invocation of executive privilege to prevent publication of government documents , Not Selected Correct answer: printing government documents dealing with classified information since there was no inhibition of national security investigations into presidential corruption , Not Selected Results for question 11. 11 1 / 1 point “We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy."… "Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity."… The Government "thus carries a heavy burden of showing justification for the imposition of such a restraint."… The District Court…in the New York Times case, and… the District Court…in the Washington Post case held that the Government had not met that burden. We agree.” --Per Curiam Opinion, New York Times v. United States, 1971 What principle did the Supreme Court affirm in New York Times Co. v. U.S. (1971)? executive privilege protecting national security , Not Selected Correct answer: inability to enact prior restraint on printed news publications journalistic shield laws protecting sources , Not Selected freedom of the press to publish anything they feel important , Not Selected Results for question 12. 12 1 / 1 point Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's Preamble , Not Selected Tenth Amendment , Not Selected Correct answer: Due Process Clause Necessary and Proper Clause , Not Selected Results for question 13. 13 1 / 1 point The preferred position doctrine—which holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do— can also be seen in the court’s creation of which constitutional test? Miller Test , Not Selected Lemon Test , Not Selected Clear & Present Danger , Not Selected Correct answer: Imminent Lawless Action Results for question 14. 14 1 / 1 point Which of the following would NOT be a situation in which a suspension of the writ of habeas corpus would be considered constitutional? several states secede from the union after the election of Abraham Lincoln , Not Selected Congress decides to suspend the writ based on the criteria laid out in Article I sec. 9 , Not Selected Correct answer: riots in major cities during the civil rights movement cannot be put down by local police Hawaii was invaded by Japan after the Pearl Harbor attack , Not Selected Results for question 15. 15 1 / 1 point The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local government is known as blanket incorporation , Not Selected prescript incorporation , Not Selected Correct answer: selective incorporation retroactive incorporation , Not Selected Results for question 16. 16 1 / 1 point Based on decisions like Reynolds v U.S. (1878) & Oregon Employment Div. v Smith (1990), which of the following statements is most applicable to a discussion of the Free Exercise Clause? it is possible for a government to pass laws specific to a particular religion in the interest of public safety & morals , Not Selected Correct answer: free exercise can be ruled subordinate to a law that is broadly applied to society if it is not directly meant to limit a groups’ religious practices protecting free exercise conflicts with the separation of church and state , Not Selected a citizen’s practicing of their religious beliefs is universally protected , Not Selected Results for question 17. 17 1 / 1 point When we speak of laws that apply to all kinds of speech and to all views, not just that which is unpopular or divisive, we are referring to what? Bad tendency test , Not Selected Correct answer: Content or viewpoint neutrality Prior restraint , Not Selected Non-protected speech , Not Selected Results for question 18. 18 0 / 1 point Justice Holmes’s Clear and Present Danger Test holds that government can Incorrect answer: restrict any speech of an inflammatory nature engage in prior restraint of the press whenever , Not Selected imprison political dissidents during time of war without following normal procedures , Not Selected restrict speech that threatens national security , Not Selected Results for question 19. 19 1 / 1 point What is an accurate comparison between Schenck v United States (1919) and Tinker v Des Moines (1969)? Schenck v United States (1919) Tinker v Des Moines (1969) Decided that fighting words violated Decided symbolic speech protected by A First Amendment First Amendment Decided that during times of war, Allowed symbolic speech by students B speech can be restricted provided there was no disruption to the school day Established the Clear & Present Suspended students for wearing C Danger Test armbands Set a lower standard for deciding if Ruled that the speech rights of students D speech was protected ended at the school house door A , Not Selected C , Not Selected Correct answer: B D , Not Selected Results for question 20. 20 1 / 1 point The Supreme Court has altered the scope of the Fourth Amendment's protection that every citizen has the right to be free from unreasonable government intrusion into their persons. homes, businesses. and property. Which of the following Statements explains HOW the Court has done this? State courts have ruled that wiretapping a foreign citizen suspected of terrorism is legal , Not Selected The president signed an executive order authorizing expanded searches without warrant if evidence plain view, and if the police are legitimately in the location from which the evidence can be viewed , Not Selected Congress passed legislation adding an exception that if consent is given by a person reasonably believed by an officer to have authority to give such consent, no warrant is required for a search or seizure according to the Fourth Amendment , Not Selected Correct answer: Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime Results for question 21. 21 1 / 1 point Which of the following Supreme Court decisions would allow public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs? Wisconsin v. Yoder (1972) , Not Selected Engel v. Vitale (1962) , Not Selected New York Times Co. v. United States (1971) , Not Selected Correct answer: Tinker v. Des Moines Independent Community School District (1969) Results for question 22. 22 1 / 1 point The 1973 Roe v. Wade decision that upheld a woman’s right to secure an abortion was based on the right to life, liberty, and the pursuit of happiness enumerated in the Declaration of Independence , Not Selected due process of law enumerated in the Fifth and Sixth amendments , Not Selected Correct answer: privacy implied in the Bill of Rights equality guaranteed by the Fourteenth and Fifteenth amendments , Not Selected Results for question 23. 23 1 / 1 point Which of the following did the Supreme Court assert in Gideon v. Wainwright? the Bill of Rights only protects defendants at the national level , Not Selected citizens are entitled to an attorney after their initial trial has concluded & they appeal under a constitutional concern , Not Selected defendants at the state level must meet certain criteria to have a lawyer provided at their trial , Not Selected Correct answer: proper defense is essential to a fair trial at any level of government Results for question 24. 24 1 / 1 point Which protection bars the use of illegally seized evidence at trial? shield laws , Not Selected prior restraint , Not Selected self incrimination , Not Selected Correct answer: exclusionary rule Results for question 25. 25 1 / 1 point The free exercise clause states that the national government will not interfere with which of the following? the exercising of a person's opinions through speech or action , Not Selected exercising of economic & political freedoms , Not Selected access to public education without prejudice against race, religion, ethnicity, etc. , Not Selected Correct answer: the practice of an individual's religious beliefs Results for question 26. 26 1 / 1 point What founding principle has been frequently cited as a basis for opposition to the Court's occasional application of the Bill of Rights protections to the state & local governments? Correct answer: federalism popular sovereignty , Not Selected separation of powers , Not Selected equality of opportunity , Not Selected Results for question 27. 27 1 / 1 point If a police officer has a reasonable belief that someone is engaged in criminal activity, that officer can conduct a Terry Search __________. only if the officer plans to arrest that person , Not Selected only if that person gives consent , Not Selected Correct answer: without getting a warrant only after a warrant has been issued , Not Selected Results for question 28. 28 1 / 1 point Which of the following best represents the reasoning used by the Supreme Court in Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, in which the Court overturned a city ordinance prohibiting the ritual killing of animals as part of religious ceremonies? Correct answer: a law that happens to prohibit a religious practice must be broadly applied to all citizens & groups under the government's authority Any law banning a religious practice must be passed at the state level, not at the local level , Not Selected People must be free to practice their religion, regardless of city statutes , Not Selected The establishment clause prevents the city from having such an ordinance , Not Selected Results for question 29. 29 1 / 1 point In McDonald v. Chicago (2010), the United States Supreme Court stated that, “[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day” and that an individual’s right to bear arms was “deeply rooted in this Nation’s history and tradition.” Which amendment was at issue in McDonald? The Fifth Amendment , Not Selected The First Amendment , Not Selected Correct answer: The Second Amendment The Fourth Amendment , Not Selected Results for question 30. 30 1 / 1 point Which of the following is an accurate comparison of the two court cases? Engle v Vitale (1962) Wisconsin v Yoder (1972) case concerning the Establishment case concerning the Free Exercise A Clause Clause Ruled in favor of the school Ruled in favor of the family B Decreased power of state gov’t Increased power of federal gov’t C Decided that school’s couldn’t have Decided that schools could mandate D sponsored prayer students to attend past 8th grade, regardless of religious beliefs. D , Not Selected B , Not Selected C , Not Selected Correct answer: A

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