Chapter 5 quiz

The power to legislate is given by the Constitution to which of the following?

Congress

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

Article I

The Constitutional provision that forbids a government from treating one person differently from another person without a rational basis for doing so is the:

Equal Protection Clause

Jonathan, a motel owner, was suspected of being associated with an illegal narcotics operation. The police put a GPS tracking unit on Jonathan's car and followed his movements for more than a month. He was arrested in 2010, and in a trial in 2012, the jury found him guilty of intent to distribute methamphetamine for which he was sentenced to life in prison. On appeal, Jonathan argued that his conviction should be overturned because the warrantless use of GPS tracking unit violated the __________.

Fourth Amendment

The government is required to give notice and a fair hearing before taking action that affects a citizen's life, liberty or property because of:

Procedural Due Process

The __________ of the U.S. Constitution nullifies state action that conflicts with federal law.

Supremacy Clause

Which of the following protects our personal freedoms, such as religion and speech, from the government?

The Bill of Rights

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

The First Amendment

Which Amendment to the U.S. Constitution protects free speech?

The First Amendment

Which Amendment provides for constitutional protection against state government?

The Fourteenth Amendment

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.

Which of the following rules provides that evidence secured in violation of the Fourth Amendment may not be used against a defendant at trial?

The exclusionary rule

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.

Advertisements via circulars and billboards are examples of __________ speech

commercial

Governments can use the __________ to take private property for public uses such as building highways, bike trails, and parks, while providing just compensation to the owners.

power of eminent domain