Ch 5

In which of the following cases did the United States Supreme Court hold that political contributions are a form of protected expression?

Citizens United v. FEC

The _____ to the U.S. Constitution provides that all power not expressly accorded to the federal government in the Constitution resides in the states or the people.

10 th amendment

Which Article in the Constitution creates the legislative branch of government?

Article 1

According to the University of California Hastings College of the Law, why did it refuse to recognize the Christian Legal Society (CLS)?

Because the CLS discriminated on the basis of religion and sexual orientation

Which of the following serves to limit the powers of the federal government and the states?

Bill of rights

Which of the following clauses in the United States Constitution helps shape the practice of American business?

Commerce clause

In 1942, the United States Supreme Court ruled that which of the following types of speech was not entitled to First Amendment protection?

Commercial

Shelby County, Alabama, legally challenged the Voting Rights Act of 1965, claiming that in reauthorizing the act in 2006, the United States Congress did which of the following?

Exceeded its constitutional authority and violated state and local rights

Clarence, a police officer, suspects illegal activities in a commercial building. Unable to establish a probable cause, he breaks into the building and confiscates a pound of cocaine. A judge declares that the evidence is inadmissible as the search was conducted without a warrant. Which of the following provisions of the Fourth Amendment to the United States Constitution made this evidence inadmissib

Exclusionary rule

Which of the following is an area of authority reserved by the United States Constitution for the U.S. Supreme Court?

Exerting judicial review

Which of the following is incorrect regarding expression and the First Amendment to the United States Constitution?

Expression is limited to oral utterances.

Which Amendment to the U.S. Constitution contains both the Establishment Clause and the Free Exercise Clause?

First Amendment

Regarding the different opinions on federalism, which of the following is correct regarding states' rights?

It is the Southerners' view that each state was entitled to make its own policy decisions about crucial matters.i

Which of the following is an accurate description of the balancing test in the context of free speech analysis?

Judges weigh the interests of the state against the expressive rights of an individual

The United States Constitution provides for which of the following?

Shared power among national, state, and local governments

What was the United States Supreme Court's holding in Christian Legal Society v. Leo P. Martinez

That the CLS's constitutional rights were not violated, since the university policy was a reasonable, viewpoint-neutral condition

In the Ninth Circuit Court of Appeals case involving atheist Michael Newdow and his challenge to the constitutionality of the Pledge of Allegiance, the court held which of the following?

That the Pledge is an expression of American ideals rather than a religious endorsement

Which of the following movements emerged in 2009 as a campaign against an interventionist federal government?

The Tea Party movement

Which of the following is incorrect regarding the extent to which public-sector workers' expressions are protected by the United States Constitution and the Bill of Rights?

The U.S. Constitution and the Bill of Rights do not protect public-sector employees.

Norah, a waitress at a restaurant, was hospitalized because of a drug overdose. When questioned by the police, she agreed to call Michael, whom she identified as the source of drugs. The police arrested Michael, searched him and his cell phone, and discovered call records confirming that the phone was used to talk to Norah. This evidence was used at trial against Michael, who argued that the cell phone search violated his Fourth Amendment rights. Which of the following is most likely to happen in this scenario?

The cell phone evidence will be discarded because it is unlawful for cell phones to be searched upon arrest without a warrant.

In the 2014 Town of Greece, New York v. Galloway case, the United States Supreme Court held which of the following?

The ceremonial prayers at all levels of government are constitutional if they do not require participation

Jack is driving from Los Angeles to San Francisco. On his way, Jack is stopped by a police patrol car for repeatedly crossing a double yellow line into oncoming traffic. A police officer politely asks Jack to step out of the vehicle, while the officer's partner performs a warrantless search of Jack's car. The police officer finds a gram of cocaine on the dashboard. Which of the following is most likely to happen in this scenario?

The police officer is allowed to secure drugs that are abandoned or in plain view even though a warrant has not been obtained.

Which of the following sections of the United States Constitution identifies certain goals for our society, such as unity (among the various states), justice, domestic tranquility (peace), defense from outsiders, increasing the general welfare

The preamble

Arbitrary and unfair infringements on all but which of the following may be challenged on substantive due process grounds?

The right of a defendant to appear at a grand jury hearing

The Fourth Amendment to the United States Constitution provides for which of the following?

The right of the people to be secure against unreasonable searches

Which of the following was the core issue of the Tea Party?

The size of the national debt

Which of the following is correct regarding the privacy right of the United States Constitution.

The word "privacy" does not appear in the United States Constitution.

Which of the following is correct regarding the extent to which the United States Constitution and the Bill of Rights protects us from the government and our corporate employer?

They protect us from the government but not from our corporate employer.

True or false: In some important ways, the United States Constitution is a commercial document reflecting the economic interests of the framers.

True

True or false: The U.S. Constitution controls the relationship between the national government and the government of the states

True

According to which of the following legislation did any change to voting rules in covered states require "pre-clearance" from the federal government

Voting Rights Act of 1965

According to the United States Supreme Court, the Fourth Amendment's commands grew in large measure out of the colonists' experience with which of the following?

Writs of assistance

Which of the following is a free speech analysis tool?

balancing test

If a statute is vaguely written, it may violate which of the following rights

due process

When an owner does not wish to sell her private property for public use, the government uses which of the following powers to acquire it?

eminent domain

A university speech code that has a lack of clarity about precisely what speech is and is not forbidden suffers from which of the following constitutional problems?

vagueness