Exam
Name___________________________________
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) A warrantless search is always permissible if
A) the officer thinks stolen goods may be in a house.
B) consent is given.
C) a search warrant is difficult to obtain.
D) illegal drugs are involved.
E) a car is involved.
1)
2) Which of the following is not protected as a form of symbolic speech?
A) Burning the U.S. flag
B) Wearing a black armband to protest a war
C) Displaying a red communist flag
D) Burning a cross
E) None of the above are protected as symbolic speech.
2)
3) According to the Lemon test, a law that involves government support of a religious activity is
constitutional if it
A) does not advance religion.
B) does not inhibit religion.
C) has a secular purpose.
D) does not foster excessive government entanglement with religion.
E) All of the above.
3)
4) Which right has not been incorporated?
A) Free speech
B) Assembly
C) Grand jury indictment
D) No unreasonable search and seizure
E) Freedom of the press
4)
5) The right to privacy can be inferred from
A) the Declaration of Independence.
B) the Articles of Confederation.
C) the Bill of Rights.
D) the Fifteenth Amendment.
E) the Federalist Papers.
5)
6) Public officials cannot win a libel suit unless
A) they are wealthy.
B) they first resign from office.
C) they have been libeled in connection with their public duties.
D) they can prove that actual malice was involved.
E) they can show that a newspaper disregarded the truth.
6)
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7) From which Amendment was the incorporation doctrine derived?
A) 14th Amendment
B) 11th Amendment
7)
8) In 2002, the Supreme Court ruled that convicts who were under eighteen years old at the time of
their crime could not be executed for capital murder because doing so would violate the
A) prohibition against double jeopardy.
B) Declaration of the Rights of Man.
C) ban on cruel and unusual punishment.
D) prohibition against prior restraint.
E) due process clause.
8)
9) What was the Supreme Court's decision in Barron v. Baltimore?
A) The Bill of Rights did not restrict the actions of state governments.
B) All citizens are entitled to substantive due process.
C) The direct incitement test is consistent with the First Amendment's guarantee of freedom of
speech.
D) Government can not infringe on citizens' "fundamental freedoms."
E) The incorporation doctrine is an unconstitutional infringement on states' rights.
9)
10) What did the Supreme Court decide in Lawrence v. Texas?
A) States cannot criminalize consensual private sexual behavior.
B) Congress cannot restrict access to abortions.
C) States can criminalize sodomy by heterosexual couples, but not by homosexual couples.
D) Abortion restrictions requiring parental consent for underage women must include judicial
bypass options.
E) Because homosexuality is "immoral and repugnant", states have a compelling interest in
limiting such behavior.
10)
11) The Fifth Amendment includes
A) the prohibition against depriving liberty without due process.
B) the prohibition against excessive bail.
C) the prohibition against excessive fines.
D) the prohibition against unreasonable seizure.
E) All of the above.
11)
12) Which of the following is one of the criteria established by the Supreme Court in Roth v. U.S. to
determine if material is obscene?
A) Does it appeal primarily to the bestial instincts?
B) Does the material include explicit images of genitalia?
C) Would Justice Potter Stewart consider the material obscene if he were to see it?
D) Is it utterly without redeeming social importance?
E) Is the dominant theme of the material about sex?
12)
C) 13th Amendment
D) 10th Amendment
E) 12th Amendment
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13) The Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey
A) upheld some restrictions on the right to an abortion.
B) overturned Roe v. Wade
C) declared that laws requiring parental notification before obtaining an abortion were
unconstitutional.
D) upheld state laws that banned late-term abortions.
E) declared that mandatory waiting periods before getting an abortion were unconstitutional.
13)
14) The First Amendment says that
A) "The president shall enforce no law... abridging the freedom of speech or of the press."
B) "The states shall make no law... abridging the freedom of speech or of the press."
C) "Congress shall make no law... abridging the freedom of speech or of the press."
D) "The Supreme Court shall uphold no law... abridging the freedom of speech or of the press."
E) "Neither the states nor the Congress shall make any law... abridging the freedom of speech or
of the press."
14)
15) Arrange the following items according to the degree of protection awarded by the Supreme Court,
with the item afforded the least protection listed first and the item afforded the most protection
listed last.
A) Words, thoughts, actions
B) Thoughts, words, actions
C) Actions, words, thoughts
D) Words, actions, thoughts
E) Actions, thoughts, words
15)
16) Which of the following statements about the death penalty is accurate?
I. Empirical evidence suggests that the death penalty deters crime.
II. African Americans are disproportionately likely to be executed.
III. Most democracies do not have the death penalty.
IV. In recent years, it has been more costly to execute someone than to imprison that person for life.
A) I and II
B) I, II, and III
C) III and IV
D) I, III, and IV
E) II, III, and IV
16)
17) Which of the following is guaranteed by the 5th Amendment to the Constitution?
A) the right to remain silent
B) the right to ex post facto laws.
C) writs of habeas corpus
D) the right to a lawyer
E) All of the above.
17)
18) In 1976, Ernesto Miranda was stabbed to death in a barroom fight. The accused killer
A) had been trying to free other individuals who had been wrongfully imprisoned.
B) was not notified of his right to an attorney.
C) exacting revenge on behalf of the State of Arizona.
D) was read his Miranda rights.
E) was in the company of Clarence Earl Gideon.
18)
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19) In 1994, the Supreme Court ruled it was unconstitutional to
A) hire a lawyer other than the one selected by the judge.
B) confront witnesses at trial.
C) incorporate the Bill of Rights to the states.
D) select juries based on gender.
E) hold a speedy trial.
19)
20) According to the Supreme Court, which of the following practices violate the establishment clause?
I. Student-led prayers at high school football games
II. Nondenominational prayers at the beginning of the school day.
III. Nondenominational prayers at public school graduations.
IV. Providing sign language teachers for students in religious schools.
A) II and III
B) I and II
C) I
D) I, II, III, and IV
E) I, II ,and III
20)
21) During the Civil War, Lincoln suspended the writ of habeas corpus, which normally provides for
what right?
A) The right to an attorney
B) The right to a court determination that you are being held lawfully
C) The right to free speech
D) The right to refuse military service as a conscientious objector
E) The right to a jury trial
21)
22) Which of the following Amendments was NOT used by the court to justify guaranteeing the right
to birth control?
A) 4th Amendment
22)
B) 1st Amendment
C) 9th Amendment
D) 10th Amendment
E) 3rd Amendment
23) The first step in the development of the incorporation doctrine was
A) Palko v. Connecticut.
B) Gitlow v. New York.
C) Cantwell v. Connecticut.
D) Near v. Minnesota.
E) Pointer v. Texas.
23)
24) The Ninth Amendment has been used to establish
A) equal protection of the laws.
B) the death penalty.
C) the right to an abortion.
D) anti-miscegenation laws.
E) the rights of the accused.
24)
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25) According to Thomas Jefferson, the Constitution should
A) provide an "absolute" right to freedom of religious expression by all citizens.
B) erect a wall of separation between church and state.
C) call for the adoption of an official American religion.
D) provide citizens with the opportunity to obtain federal dollars to create or build churches,
temples, or other houses of worship.
E) inhibit citizens' basic religious rights.
25)
26) The Brady Bill established
A) waiting periods for purchasing handguns.
B) bans on sales of firearms between private parties.
C) requirements dealing with sawed-off shot guns.
D) the right to use arms for hunting and self defense.
E) a ban on assault weapons.
26)
27) Griswold v. Connecticut involved
A) sodomy.
B) adultery.
C) gay marriage.
D) abortion.
E) birth control.
27)
28) In Miller v. California (1973), the Supreme Court concluded that material was obscene if it
A) encourages lewd and lascivious thoughts.
B) lacks literary, artistic, political, or scientific value.
C) depicts sexual conduct.
D) violates "global standards of decency."
E) all of the above.
28)
29) What was the Supreme Court's decision in Gitlow v. New York?
A) States must abide by the First Amendment's guarantee of freedom of speech and the press.
B) States were free to limit forms of political expression.
C) Citizens have the right to refuse to pay progressive taxes.
D) Benjamin Gitlow was permitted to publish his socialist manifesto.
E) Citizens have the right to refuse to pay regressive taxes.
29)
30) The European Union has made it illegal to make statements that deny or trivialize the Holocaust. If
such a law were passed in the United States, how would the Supreme Court likely respond?
A) The Court would likely overturn the law because hate speech has no place in a pluralistic,
democratic society.
B) The Court would likely overturn the law because the First Amendment prevents the
government from silencing speech on the basis of its content.
C) The Court would likely uphold the law because such speech discriminates on the basis of
religion.
D) The Court would likely uphold the law because such speech poses a clear and present danger.
E) The Court would likely defer to the legislative branch to determine the constitutionality of
such a law.
30)
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31) The main reason states may not deny their citizens the right to assemble peaceably is that
A) protestors can still get arrested in times of war.
B) Justice Charles Evans Hughes was a major proponent of it.
C) such assemblies are hotbeds of aggression and sedition.
D) the U.S. Supreme Court incorporated the First Amendment's freedom to assemble.
E) some people can abuse that right.
31)
32) The Eighth Amendment prohibits
A) cruel and unusual punishment.
B) trial without a jury.
C) reasonable searches and seizures.
D) self-incrimination.
E) all of the above
32)
33) According to the incorporation doctrine,
A) the Ninth Amendment compels states to restrict "life, liberty, and property" without due
process of law.
B) Congress must enforce the fundamental freedoms doctrine consistently, regardless of the race
or gender of those involved.
C) corporations have the same legal rights as citizens.
D) Congress has no authority to regulate economic conditions.
E) the due process clause requires states to abide by most provisions in the Bill of Rights.
33)
34) Which Amendment in the Bill of Rights states that all powers not specifically given to the federal
government shall be given to the states?
A) 9th Amendment
34)
B) 10th Amendment
C) 8th Amendment
D) 7th Amendment
E) This provision is in the Constitution itself; it is not in the Amendments.
35) The establishment clause
A) tears down the wall of separation between church and state.
B) establishes a national church and a national religion.
C) prohibits the government from interfering with citizens' religious practices.
D) prohibits the adoption of an official national religion.
E) requires all elected officials to pass a religious test before taking office.
35)
36) The right to a speedy and public trial by an impartial jury is guaranteed by the ________
Amendment.
A) Sixth
B) Seventh
C) Eighth
D) Third
E) Tenth
36)
37) Which Amendment states that the listing of rights in the Constitution neither "denies nor
disparages" any right not listed?
A) 10th Amendment
37)
B) 11th Amendment
C) 13th Amendment
D) 12th Amendment
E) 9th Amendment
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38) Why does Mexico refuse to extradite some suspected criminals to the United States for trial?
A) because the U.S. has not done enough to stop the flow of illegal immigration into the U.S.
B) because the U.S. uses capital punishment
C) because Mexico prefers to try all Mexican citizens in the Mexican judicial system
D) because buying, selling, or using drugs is not a crime in Mexico
E) because the U.S. refuses to extradite some suspected criminals to Mexico for trial
38)
39) Warrantless searches are
A) always unconstitutional.
B) permitted by the Second Amendment.
C) sometimes unconstitutional.
D) permitted by the Third Amendment.
E) never unconstitutional.
39)
40) Personal guarantees and freedoms that the government cannot abridge by law or judicial
interpretation are known as
A) natural law.
B) civil rights.
C) civil liberties.
D) equality rights.
E) inalienable rights.
40)
41) According to the Supreme Court's decision in Barron v. Baltimore,
A) the federal government was not required to ensure the civil liberties listed in the Bill of
Rights.
B) the states were not required to ensure the civil liberties listed in the Bill of Rights.
C) Congress was not required to ensure the civil liberties listed in the Bill of Rights.
D) the federal government was required to ensure the civil liberties listed in state constitutions.
E) the states were required to ensure the civil liberties listed in the Bill of Rights.
41)
42) Which of the following statements about the U.S. Supreme Court's approach to issues involving
freedom of speech and of the press is accurate?
A) Words are given more protection than deeds; deeds are given more protection than actions.
B) Words are given more protection than actions; actions are given more protections than beliefs.
C) Beliefs are given more protection than words; words are given more protection than actions.
D) Beliefs are given more protection than actions; actions are given more protection than words.
E) Deeds are given more protection than words; words are given more protection than beliefs.
42)
43) The prohibition against an official government religion is ensured by the
A) religious tests clause.
B) fundamental freedoms clause.
C) establishment clause.
D) free exercise clause.
E) equal protection clause.
43)
44) Warrantless searches are
A) always constitutional.
B) patently unconstitutional.
C) the concerns of the federal government, not state or local governments.
D) constitutional only under certain circumstances.
E) always unreasonable, since they are conducted without court approval.
44)
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45) The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of
Rights to the states is called
A) due process.
B) the inclusion doctrine.
C) selective establishment.
D) the exclusion doctrine.
E) selective incorporation.
45)
46) The Second Amendment was added to the Constitution to
A) appease the Federalists.
B) prohibit Congress from disarming state militias.
C) insure that states could not maintain their own armies.
D) guarantee the right to hunt.
E) make sure that every citizen was armed.
46)
47) In Griswold v. Connecticut, the Supreme Court ruled that the Constitution guaranteed
A) trial by a jury of your peers.
B) zones of privacy.
C) the right to an abortion.
D) free speech during wartime.
E) the right to die.
47)
48) The Supreme Court has ruled that terminally ill patients do not have the right to
A) counsel.
B) medical care.
C) exercise a living will.
D) make decisions about their bodies.
E) physician assisted suicide.
48)
49) "Inevitable discovery" is an exception to
A) the Miranda rights.
B) the exclusionary rule.
C) double jeopardy.
D) self incrimination.
E) imminent domain.
49)
50) In Roe v. Wade, the Supreme Court found that
A) a woman has the right to terminate her pregnancy under certain conditions.
B) a man has a right to prevent his wife from having an abortion if he is willing to take sole
custody of the child.
C) an absolute right to abortion is protected by the right to privacy.
D) unmarried couples have the right to engage in consensual sexual activities.
E) every embryo is entitled to the civil rights and liberties enumerated in the Constitution.
50)
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51) Probable cause, unreasonable searches, and the issuing of warrants are all covered under which
Amendment?
A) 7th Amendment
51)
B) 5th Amendment
C) 4th Amendment
D) 6th Amendment
E) 8th Amendment
52) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of speech
if they constituted
A) a clear and present danger to society.
B) a threat to law and order.
C) abstract advocacy of overthrowing the government.
D) disparaging remarks about government policies.
E) seditious acts.
52)
53) The Alien and Sedition Acts were
A) intended to prohibit the publication of any false or scandalous writings against the United
States.
B) laws prohibiting armed, civil rebellions against the federal government.
C) designed to curb immigration.
D) passed to prevent public criticism of the Supreme Court.
E) ruled unconstitutional by the U.S. Supreme Court because they violated the Third
Amendment.
53)
54) The Constitution was ratified in 1789; the first ten amendments were adopted
A) over the course of the next 50 years.
B) in 1804.
C) in 1791.
D) during the Great Depression.
E) over the course of the next 100 years.
54)
55) Which judicial doctrine has applied most, but not all of the Bill of Rights to the states through case
law?
A) incorporation doctrine
B) fundamental freedoms
C) selective incorporation
D) due process
E) substantive due process
55)
56) Under the direct incitement test, advocacy of an illegal action can be prosecuted
A) only if that advocacy is intended and likely to lead to a criminal act.
B) under any circumstances; advocating a criminal act is illegal.
C) under no set of circumstances; freedom of speech is protected at all times.
D) only if that advocacy leads to an actual criminal act.
E) only when the one advocating the illegal activity is also the one engaging in the illegal
activity.
56)
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57) What are the penumbras that the Supreme Court discusses in Griswold v. Connecticut?
A) the right to do whatever you want in the privacy of your own home
B) the inability of the Court to craft a working test for obscenity
C) government ineffectiveness in clamping down on obscenity on the Internet
D) unstated liberties on the fringes of explicitly enumerated rights
E) flexible rights that can be used like a Band-Aid where the constitution has been damaged
57)
58) Free speech zones on college campuses
A) are a rarity.
B) violate the Third Amendment.
C) violate the Ninth Amendment.
D) ensure that all views are heard.
E) restrict the time, place, and manner of speech on some college campuses.
58)
59) The Supreme Court has upheld prohibitions on using the death penalty for whom?
A) Minors and alcoholics
B) Women and the mentally retarded
C) Minors and the mentally retarded
D) The mentally retarded and foreign nationals
E) Women and illiterates.
59)
ESSAY. Write your answer in the space provided or on a separate sheet of paper.
60) Discuss how Barron v. Baltimore and Gitlow v. New York interpreted the Bill of Rights. How did the Gitlow
decision lead to the creation of the incorporation doctrine?
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