Militia
Amendment II
No Cruel and Unusual Punishments
Amendment VIII
Double Jeopardy
Amendment V
Confront witnesses against you; right to attorney
Amendment VI
Right to an attorney
Amendment VI
Equal Protection of hte Laws
Amendment XIV
Grand Jury
Amendment V
Free Press
Amendment I
Right to Petition Govt.
Amendment I
Speedy and Public Criminal Trial
Amendment VI
The Lemon test says the law's purpose must be neutral, the effect must be secular, and there can be no _________________.
excessive entanglement
Three zof the six Miranda Warnings are
Right to remain silent, right to an attorney, do you understand
One's right to remain silent stems from the _______________ clause of the Fifth Amendment.
self-incrimination
This Court created rule prevents illegally seized materials from being introduced as evidence in a criminal trial. _____________.
exclusionary rule
Recent Court rulings have allowed law enforcement officials to conduct many warrantless searches based on ______________, a lower standard than probable cause.
reasonable suspicion
The argument that a guilty person should not go free just because the police make a mistake is the basis of the _______________ exception.
good faith
The _____________________ test states that individual expression may be restrained only if it is likely to lead to imminent violence or serious, immediate harm to national security.
clear and present danger
The view that government aid to parochial schools is justified and no violation of the Establishment Clause if the aid is judged to be beneficial to the child and not the religious denomination is the ______________ rationale.
child benefit theory
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
Uncle Joe applies to the town of Hooterville for a city license
right to bear arms
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
A Christian minister has always opened Mayberry town meetings wi
establishment clause
Pastor Terry Jones is arrested for transporting a dangerous substance, kerosene-soaked copies of the Quran. He is transporting them o be burned as part of a political protest.
free speech
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
Agent Gibbs breaks down the door of Mr. and Mrs. Claus's house a
quarter soldiers
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
Police arrive at the door of Max and Caroline's apartment and as
search and seizure
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
Hannibal Lector voluntarily went to a police station when office
self-incrimination
Read the paragraph and identify the constitutional/ fundamental right issue implicated. You are not determining if the challenge will be successful- just what issue can be reasonably argued.
Sheldon is arrested and convicted of defacing public property wh
cruel and unusual punishment
Which of the following have been done by the Supreme Court to expand voting rights?
Strike down state legislative apportionment plans that deviate significantly from the standard of "one-person, one-vote"
Require states to allot legislative representative
A
Commercial speech began to be regulated by the federal government with the passage of
Cigarette Labeling and Advertising Act of 1965
Federal Trade Commission Act of 1914
Federal Alcohol Administration Act of 1935
Pure Food and Drug Act of 1906
D
A brief pat down search of a person without a warrant is permissible under which exception?
hot pursuit
stop and frisk
consent
plain view
B
The Court's Ruling in City of Boerne v. Flores
removed all religious displays from the town square in Boerne, Texas
authorized the Ten Commandments to be placed outside the Boerne City Hall
held the Religious Freedom Restoration Act was unconstitutional a
C
The doctrine of selective incorporation holds that guarantees in the Bill of Rights apply to the State through the
Incorporation Clause of the Fifteenth Amendment
Due Process Clause of the Fifth Amendment
Due Process Clause of the Fourteenth Amendment
Equ
C
SCOTUS has said that the right to marry is a constitutionally protected fundamental right and should be reviewed under the standard of
strict scrutiny
rational basis
intermediate scrutiny
SCOTUS has not identified what standard of review should be applied
D
SCOTUS has held that
the Second Amendment protects an individual right to keep and bear arms
laws which prohibit all individuals within a city from keeping a handgun in their homes are unconstitutional
reasonable restrictions on the purchase and keeping o
D
SCOTUS has held which of the following unconstitutional
b and c
a. federal laws prohibiting campaign financing by corporations, labor unions, and certain advocacy corporations
c. federal laws setting a limit on contributions by individuals to a single can
E
All of the following can be found in the Fourteenth Amendment EXCEPT the
Due Process Clause
Privileges and Immunities Clause
Equal Protection Clause
Abolition of Slavery Clause
D
The case of Brown v. Board of Education is important because
all of these
it overturned Plessy v. Ferguson
it established that racially segregated public schools were inherently unconstitutional
it established the Court's authority to intervene in local s
A
Which of the following classifications does the Supreme Court regard as "inherently suspect," subjecting governmental attempts to classify according to the characteristic to strict judicial scrutiny?
gender
sexual orientation
age
race
D
The 24th Amendment to the Constitution outlaws the use of
handguns
literacy tests
white primaries
poll taxes
D
The primary justification for allowing an "automobile exception" to the Fourth Amendment search and seizure rules is:
the dangers caused by automobiles
the size of automobiles
the color of automobiles
the mobility of automobiles
D
Drug testing of students may never be undertaken without probably cause of drug use by individual students.
false
true
A
The protection against "excessive bail and fines" is found in which Amendment?
eighth
fourth
sixth
fifth
A
Which are requirements of the Court's Miranda v. Arizona ruling? The right to:
1. an appointed attorney
2. refuse to talk
3. terminate questioning at any time
4. an early arraignment and bail
only 3,4
only 1,2
only 1,2,3
only 2,3,4
C
Unlimited political contributions given to national political parties by individuals, corporations, labor unions, or political action committees are referred to as
"527" contributions
soft money
campaign entitlements
hard money
B
According to the Supreme Court's ruling on taxation and religion:
states may never levy taxes on religious materials
taxes on religious items are permissible as long as the taxes are not discriminatory
states may tax only those religious items that are no
B
The concept of "charitable choice" refers to the practice of:
authorizing certain charitable and religious groups to provide help to those in need
providing government funds to charitable and religiosu organizations to carry out social programs
requiring
B
After Brown v. Board, statutes involving race are subject o
strict scrutiny
rational basis scrutiny
heightened scrutiny
intermediate scrutiny
A
Strict Scrutiny means
a statute must be based on an important government interest
a statute must be based on a legitimate government interest
a statute must be based on a compelling government interest
C
To meet strict scrutiny a statute must
be reasonably related to the government interest
be narrowly tailored to the government interest
be substantially related to the government interest
B
Shelby County v. Holder
ruled the entire Voting Rights Act of 1965 unconstitutional
Ruled the preclearance portion of the Voting Rights Act of 1965 unconstitutional for now
ruled the preclearance portion of the Voting Rights Act of 1965 unconstitutional f
B
If strict scrutiny applies, the burden is on the government to prove a law is constitutional.
false
true
B
The fourteenth amendment applies to both federal and state governments.
true
false
B
Fourteenth amendment equal protection under the rational basis standard means the state must have a legitimate interest in the thing regulated and the solution must be rationally related to that interest.
true
false
A
Fourteenth amendment equal protection under the intermediate standard means
the government must show a compelling interest
the government must show an ordinary interest
the government must show a rationally related interest
the government must show an imp
D
The equal protection clause applies when government acion
discriminates between people
makes classifications between similarly situated people
makes classification between differently situated people
regulates any individual decision
B
A fundamental right
is protected by due process of law
is any right deemed fundamental to democracy
is any right listed in the Bill of Rights
all of these
D
Selective incorporation means
SCOTUS rules using the equal protection clause of the fourteenth amendment
SCOTUS rules using the privileges and immunities clause of the fourteenth amendment
SCOTUS rules case by case, clause by clause which parts of the Bil
C
Recognized fundamental rights not expressed in the constitution include
right to vote
all of these
right of privacy
right of travel
B
If a government action does not involve a fundamental right or classification of persons, the action must be for a legitimate government purpose and the solution rationally related to that purpose.
true
false
A
Every right listed in the Bill of Rights has been incorporated to the States.
true
false
B
Double jeopardy means
if you are tried in state court for a crime you cannot be tried in federal court for the same crime
you cannot be tried a second time in the same jurisdiction for the same crime if your conviction is reversed on any ground after the
D
Self-incrimination
means you are compelled to speak to police at anytime
means the police must get a warrant before they can arrest you
allows you to tell the police you will remain silent while they question you
allows you to just remain silent while pol
C
A speedy trial in the Constitution
means the court looks at what has caused delays in starting trial to determine if they were reasonable
means you must be brought to trial within six months of your arrest
means your trial cannot last more than 10 days
A
Miranda rights include
notice that anything you say can be used against you
notice that you have the right to remain silent
notice that you have the right to an attorney
all of these
D
Miranda rights include
A and B
c. asking you if you understand each of the rights read to you
A, B, and C
a. notice that if you cannot afford an attorney one will be appointed for you
A and C
b. notice that you have the right to one phone call
D
SCOTUS ruled the death penalty is cruel and unusual punishment and then changed its mind a few years later.
false
true
A
The standard for determining cruel and unusual punishment is
what Congress and State legislatures declare it is
what was considered cruel and unusual when the constitution went into effect
based on an evolving standard of decency
what the President declar
C
Which of the following may never receive the death penalty?
minors
both of these
mentally challenged intellectually
B
SCOTUS has approved one test to determine if a person is intellectually mentally challenged enough to escape the death penalty
true
false
B
SCOTUS has expressly approved which methods of execution
SCOTUS has not ruled that any one method is always constitutional or unconstitutional
hanging
firing squad
lethal injection
A
Fundamental rights are
protected by the equal protection clause
just another name for expressly stated constitutional rights
whatever Congress deems fundamental
a view that strict adherence to the text of the constitution too narrowly defines the area fre
D
he fundamental rights recognized by SCOTUS are
All of these answers are correct
right to vote
right to travel
right to privacy
A
The Fifth Amendment specifically states that prior being brought to trial, a person must be
given a free haircut and shave
provided with an attorney
indicted by a grand jury
none of these
C
Which of the following is true?
The right to assemble is not infringed if a city places reasonable time, place, and manner restrictions on your holding a parade protesting same-sex marriage
The right to petition the government only means the right to sue
A
Which of the following categories of speech is NEVER protected by the First Amendment?
Expression intended and likely to incite imminent lawless action
"True Threats"
Clear and immediate threats to national security
All of these
D
Which of the following categories of speech is never protected by the First Amendment?
Nudity
Indecent speech on the Internet
Four-letter words
Obscenity
D
Which of the following categories of speech is NEVER protected by the First Amendment?
Speech advocating that marijuana be legalized
Speech that mocks a person's political views
Deceptive or misleading advertising
Erotic literature
C
Which of the following is NOT one of the theories of the Establishment Clause
Government neutrality
Government accommodation
Creationism
Strict seperation
C
In the case of Wisconsin v. Yoder, the Supreme Court majority held that:
Religious groups may not have their own school district
Government cannot be the judge of what is sincere; thus, no exceptions for religious groups
A sincere religious group may be e
C