gov test 3/23

"Just as the Fourth Amendment's right to privacy has been declared enforceable against the states through the Due Process Clause of the Fourteenth, it is enforceable by the same sanction . . . as is used against the federal government. Were it otherwise, . . . the assurance against unreasonable searches and seizures would be 'a form of words,' valueless . . . 'in the concept of ordered liberty." Justice Tom Clark, Mapp v. Ohio (1961) Which two principles are addressed in the excerpt above? 1- The incorporation doctrine 2- The concept of eminent domain 3- The exclusionary rule 4- The "wall of separation" doctrine

1 and 3

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?

14th Amendment

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

14th amendment

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." The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?

2nd amendment

After hours of interrogation by police a suspect confesses to multiple felony offenses. His attorney objected to the admission of the confession because he was not advised of his right to have an attorney present nor his protection from self-incrimination. Which amendments are most relevant to this scenario?

5th and 6th amendments

Which of the following constitutional amendments is most related to the issue shown on the map?

8th amendment

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment?

A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.

Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment?

A person wears a necklace bearing a Christian cross to work.

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court?

A person who is unable to afford an attorney is tried and convicted of a crime without legal representation.

Which of the following rulings is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision?

A ruling in favor of students to print their opinions in a school newspaper

Which of the following would most likely be protected by the First Amendment?

A student wears a black armband at school to protest government involvement in a war.

Which of the following best illustrates the protection of an individual's Fifth Amendment rights?

After arrest, a suspect is informed of the right to remain silent during interrogation.

Which of the following is most likely to be considered speech that is protected by the First Amendment?

An individual posts something on social media that is highly critical of the president.

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions?

Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour.

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less. . . . Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons." Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 Which of the following could be used as evidence to support the author's claim?

At the time the Constitution was written, laws in the states required able-bodied individuals to serve in militias.

Which of the following statements best explains the diagram?

Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ?

Due process clause

Which of the following is an accurate comparison of the establishment clause and the free exercise clause?

Establishment Clause- Prohibits the federal government from promoting religion or creating a national religion

The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent?

Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press.

A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court's decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court's decision, which of the following lines of reasoning does the court most likely use?

Freedom of the press requires that the government show a significant danger to national security in order to stop publication.

Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state?

Gideon v. Wainwright (1963)

In which of the following ways could the president try to limit the impact of a Supreme Court decision?

Instructing the Department of Justice to not enforce a provision of the decision

In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument?

It must depend on the executive for enforcement of its decisions.

Which of the following best describes a purpose of the Establishment Clause?

It prohibits Congress from establishing a state religion.

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court?

It protects the right to express opinions even without the actual use of words

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ?

It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states.

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.

Which of the following United States Supreme Court cases established the principle of judicial review?

Marbury v. Madison

"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature."

Marbury v. Madison (1803)

In The Federalist 78, Alexander Hamilton states, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning." Which of the following Supreme Court cases is most relevant to this statement?

Marbury v. Madison (1803)

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less. . . . Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons." Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 Which of the following Supreme Court cases is most relevant to the topic of the article?

McDonald v. Chicago (2010)

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty?

McDonald v. Chicago (2010)

The card shown above was issued as a consequence of which of the following Supreme Court decisions?

Miranda v. Arizona

Which of the following statements best describes the information in the map?

Most states in the South and West allow capital punishment.

The facts of which of the following cases are most related to the political cartoon?

New York Times Co. v. United States (1971)

Which of the following headlines is most relevant to the political cartoon?

Nixon Administration Goes to Court to Stop Pentagon Papers Release

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?

Not Protected by the First Amendment- Obscenity

Which of the following Supreme Court cases establishes that a woman has a due process right to make a decision whether or not to have an abortion?

Roe v. Wade (1973)

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario?

Schenck v. United States (1919)

In Gideon v. Wainwright, the United States Supreme Court ruled that the

Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws

Which of the following is a principle underlying the Bill of Rights?

Some rights are fundamental and should not be subject to majoritarian control.

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?

The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws?

The Fourth Amendment protection against unreasonable search and seizure

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ?

The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.

Which of the following did the Supreme Court establish in Marbury v. Madison ?

The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court?

The Supreme Court is free to choose the cases it hears with only a few limitations.

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?

The Supreme Court will not hear the appeal.

The Supreme Court has ruled which of the following concerning the death penalty?

The death penalty is not necessarily cruel and unusual punishment.

In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home for the purpose of self-defense" and that the Second Amendment applied to the states through which of the following constitutional clauses?

The due process clause of the Fourteenth Amendment

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate?

The establishment clause

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?

The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.

Which of the following is one of the central concerns of the First Amendment?

The right of citizens to petition the government for redress of grievances

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs?

Tinker v. Des Moines Independent Community School District (1969)

Which of the following best reflects a function of the Supreme Court in Article III of the Constitution?

To serve as the highest court of appeals

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation?

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?

Wisconsin v. Yoder (1972)

Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens?

Wisconsin v. Yoder (1972)

A writ of habeas corpus refers to

a person's right to know the reasons for his or her imprisonment

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT

bill of rights

In Marburv v. Madison (1803), the Supreme Court assumed the power to

decide on the constitutionality of a law or an executive action

The "wall of separation" doctrine refers to the

division of church and state

Which of the following principles protects a citizen from imprisonment without trial?

due process

The process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as

incorporation

The Supreme Court established the incorporation doctrine when the Court

interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that

justices are free from direct political pressures

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could

limit free speech

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to

make most rights contained in the Bill of Rights applicable to the states

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to

privacy implied in the Bill of Rights

The establishment clause in the First Amendment does which of the following?

prohibits the setting up of a state church

Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the

right of privacy

The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision?

selective incorporation

With respect to prayer in public schools, the United States Supreme Court has ruled that

state-sponsored prayer violates the establishment clause of the First Amendment

In Roe v. Wade, the majority of Supreme Court justices determined that

the United States Constitution implies a right to privacy and thus made abortions legal

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial?

the exclusionary rule

Which of the following attributes of the political cartoon would best represent the government's use of prior restraint?

the fallen pillars

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?

the heavy presumption against prior restraint

The doctrine of original intent holds that

the meaning of the Constitution depends on the intention of the framers

The Supreme Court's decision about abortion in Roe v. Wade was based on

the right to privacy implied in the Bill of Rights

The "Miranda warning" represents an attempt to protect criminal suspects against

unfair police interrogation

The free-exercise clause protects

voluntary prayer by student groups before school

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less. . . . Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons." Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 The author's main argument is that the Second Amendment

was added to the Constitution to ensure that militias would have arms

According to the clear and present danger test, speech may be restricted

when it incites violent action