Major Quiz 2

Which of the following best reflects the Supreme Court's position on commercial speech?

Advertisements do not have full First Amendment protection.

Which statement best describes American federalism since the 1930s?

Although the federal government has grown significantly more powerful since the 1930s, the basic framework of American federalism has not been altered and state governments remain important.

Do journalists have a right to withhold the identities of their sources?

At the national level, there are no shield laws in place, so journalists have no right to withhold the names of sources, though some states do have shield laws with varying degrees of protections for journalistic sources.

In the 1969 case of ________, the Supreme Court expressly overruled its decision in ________ and declared that the double jeopardy clause did, in fact, apply to the states.

Benton v. Maryland; Palko v. Connecticut

Unfunded mandates were primarily the result of tension between a

Democratic Congress that wanted to achieve liberal social objectives and Republican presidents who opposed increased social spending.

In 1999, the federal government began a program in which the reverse sides of new quarters would be minted to highlight the 50 states in order of when they ratified the Constitution. This program traces its roots to which power derived from the Constitution?

Expressed powers

The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the

Fifth Amendment's prohibition on states from taking private property for public use without just compensation.

"Due process of law" is generally defined by the ________ amendments.

Fourth, Fifth, Sixth, and Eighth

"Commerce among the several states" was first defined in which Supreme Court case?

Gibbons v. Ogden

According to the Supreme Court, which of the following is true about high school students in public schools?

High school students' speech has only limited protection.

If the national government created a single-payer health care system, it would mostly like do so as an exercise of which power?

Implied powers

What effect did the Fourteenth Amendment have on state governments?

It forced state governments to abide by almost every provision in the Bill of Rights, but the process took more than 100 years.

How did the Supreme Court extend freedom of speech to protect against acts of state governments in 1925?

It ruled that freedom of speech was a fundamental right and liberty and according to the Fourteenth Amendment, states cannot deny any person of life, liberty, or property.

Which of the following best describes the welfare reform enacted by Congress in 1996?

It was an attempt to give the states more responsibility for programs that serve the poor by changing welfare from a combined federal-state program into a block grant.

Which of the following statements about the relationship between state and local governments is NOT accurate?

Local governments can legally dissolve the government of the state in which they reside if every local government votes to do so.

Which state's health care law became the template for the 2010 Affordable Care Act?

Massachusetts

Police entered without a warrant the home of a man they suspected in an armed robbery while the man was not at home. While walking through the home, they found narcotics in a trunk in the man's closet. Can the police use the evidence they have obtained to convict the man of possession of narcotics?

No, the exclusionary rule prohibits evidence obtained during an illegal search from being introduced at a trial.

Why is selective incorporation significant?

Prior to incorporation of the Bill of Rights, these liberties and rights were not extended to state governments, which could make many laws directly impacting the lives of citizens, limiting the Bill of Rights.

When a state decides how ballots are counted, it is exercising which constitutional power?

Reserved powers

Which statement best describes the Supreme Court's decisions about federalism during the 1990s?

The Court limited the power of the national government over the state governments.

Which of the following statements about grand juries is most accurate?

The Fifth Amendment provision for a grand jury has never been incorporated into the Fourteenth Amendment to apply to state criminal prosecutions.

How has the Supreme Court ruled on matters involving public displays of religious symbols?

The Supreme Court has issued somewhat inconsistent rulings with the primary distinction being whether the display serves a secular or religious purpose.

Which of the following statements about Supreme Court decisions related to the death penalty is accurate?

The Supreme Court has prohibited the execution of a defendant with an IQ under 70.

What happened in 1937 that decisively ended the era of dual federalism?

The Supreme Court issued a series of decisions throwing out the old distinction between interstate and intrastate commerce.

Which of the following statements best summarizes the federal courts' rulings on internet content?

The courts have declared that service providers are immune from suits regarding the content of material posted by others.

Which of the following scenarios would be most likely in a unitary system of government?

The federal government provides all funding for and sets detailed educational guidelines that local governments must implement.

Write an essay that explains how the U.S. Supreme Court has interpreted the right to due process. Describe how the Supreme Court has identified and interpreted the right to privacy.

The fifth amendment states, no one shall be deprived of life, liberty, or property. The supreme court ruled that property owners are entitled to a notice and a hearing before their property can be seized. Otherwise, the government would be depriving the person of the rights. The right to privacy involves the ability to protect one's property and body from government intrusion. Citizens are grated the ability to make their own lawful decisions for themselves.

Which of the following statements about selective incorporation is most accurate?

Until 1961, only the First Amendment and one clause of the Fifth Amendment had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government.

In which two cases did the Supreme Court uphold the constitutionality of state-level restrictions on abortion?

Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey

Which of the following would meet the standard of being "content neutral" as defined by the Supreme Court?

a municipal ordinance that bans the posting of all commercial signs on public property

West Virginia State Board of Education v. Barnette (1943) was significant because it

endorsed the free exercise of religion even when it was offensive to the beliefs of the majority.

The ________ and the ________ clauses of the U.S. Constitution involve the relationships between and among the various states.

full faith and credit; privileges and immunities

Since 1960, the value of categorical grants provided by the federal government to state and local governments

has increased from $54 billion in 1960 to $1,111 billion in 2022.

DeJonge v. Oregon (1937) and Everson v. Board of Education (1947) were significant Supreme Court cases because they

incorporated provisions of the Bill of Rights through the due process clause of the Fourteenth Amendment.

The Supreme Court's decision in National Federation of Independent Business v. Sebelius is important for American federalism because it

limits the federal government's ability to impose conditions on states receiving federal funding.

A state university claims eminent domain to take the private property of nearby neighbors and convert it into university housing. This use of eminent domain could be

permissible because the state is taking land from a private owner and transferring it to another as part of a redevelopment program.

An example of ________ is when federal officials force state officials to implement more stringent national water pollution regulations.

preemption

The best example of a concurrent power under the U.S. Constitution is the power to

regulate commercial activity.

The Secure Communities program, launched in 2008 under President Bush and expanded under President Obama, caused tensions between the federal governments and state governments because it

required state and local authorities to check the fingerprints of people being booked into jail against a Homeland Security database.

The 1996 Defense of Marriage Act was most closely related to which of the following constitutional clauses?

the full faith and credit clause