Gov test 2

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment? a. A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.This answer is correct.This is a permissible restriction. b. A group with offensive signs is denied a permit to march through the streets because residents and businesses oppose the group's message. c. A person is arrested after making a threat to police officers who are investigating a crime scene. d. A newspaper publishes an article that publicly defames the reputation of a private individual.

a. 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 statements best describes how United States citizens regard the rights of free speech and assembly? a. A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support. b. A majority actively supports these rights without any reservations. c. A majority opposes these rights in principle. d. Conservatives have traditionally been more supportive of these rights than have liberals.

a. A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support.

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. A ruling in favor of students to print their opinions in a school newspaper b. A ruling against a public school's practice of having prayer at school assemblies c. A ruling supporting the creation of gun-free zones in public schools d. A ruling enforcing mandatory vaccinations for all children before attending school

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

To enforce the Fourteenth Amendment more clearly, Congress passed the a. Civil Rights Act of 1964 b. Twenty-sixth Amendment c. Social Security Act d. The necessary and proper clause

a. Civil Rights Act of 1964

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? a. When an individual claims that a right protected by the Bill of Rights is infringed upon by a state b. When there is a conflict among the branches of the national government c. When a federal policy shifting oversight authority from a national agency to a state agency is challenged d. When a former employee files a wrongful termination claims against a company headquartered in another state

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

A writ of habeas corpus refers to a. a person's right to know the reasons for his or her imprisonment b. a person's right to not be charged for an action committed before that action was a crime c. the protection against cruel and unusual punishment d. a demand from one state to extradite a suspect from another state

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

With respect to prayer in public schools, the United States Supreme Court has ruled that a. state-sponsored prayer violates the establishment clause of the First Amendment b. state-sponsored prayer is permitted by the free exercise clause of the First Amendment c. Since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer d. the free exercise clause permits teachers to mandate silent prayer in school districts in which local authorities can demonstrate that all students belong to a single religion, mandated prayer is permissible

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

According to the clear and present danger test, speech may be restricted a. when it incites violent action b. when it lacks a political purpose c. whenever the United States is at war d. if the writer or speaker is not a citizen of the United States

a. when it incites violent action

The Supreme Court has ruled that the federal government may limit a certain type of speech without violation of the First Amendment. What is an example of that type of speech that is not protected by the First Amendment? a. Students wearing black armbands to protest a war. b. A person writes a newspaper article making up false quotes attributed to another student who has opposing views. c. A student gives a speech outside of the of the State legislature protesting cuts in school funding. d. A student hangs up fliers on town telephone poles protesting cuts in school funding.

b. A person writes a newspaper article making up false quotes attributed to another student who has opposing views.

Establishment Clause Free Exercise Clause A. Used by the founders to establish Christianity as a state religion. Reflects a basic belief in the protection of religious freedom. Establishment Clause Free Exercise Clause B. Prohibits the federal government from promoting religion or creating a national religion Protects an individual's religious beliefs and reasonable religious practices Establishment Clause Free Exercise Clause C. Provides a wall of separation of between church and state. Not a civil liberty incorporated to States. Establishment Clause Free Exercise Clause D. Ensures that all students must attend public school regardless of religious views. Protects again school-led prayer Ceremonies. a. A. b. B. c. C. d. D.

b. B.

Protected by First Amendment Not Protected by First Amendment A. Libel/slander Fighting words Protected by First Amendment Not Protected by First Amendment B. The right to burn a flag. Obscenity Protected by First Amendment Not Protected by First Amendment C. Freedom of religion Freedom of assembly Protected by First Amendment Not Protected by First Amendment D. Online newspapers The right of a student to pray in school. Which of the pairs of statement above is an accurate comparison of rights protected and not protected by the First Amendment? a. A. b. B. c. C. d. D.

b. B.

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? a. Freedom of the press cannot be abridged except for restrictions on time, place, and manner of the communication. b. Freedom of the press requires that the government show a significant danger to national security to stop publication. c. Freedom of the press permits the press to print any story, but if the story embarrasses public officials, they can sue under defamation laws. d. Freedom of the press cannot be abridged by the actions of the president without a law passed by Congress.

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

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling? a. It ruled that the state had an overarching right to compel students to listen to a nondenominational prayer led by public school teachers, finding such action permissible under the Tenth Amendment. Selected:b. 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. c. It balanced the school's interest in providing for an open and peaceful frame of mind for the school day with the interest of the students in not being subjected to the prayer, ultimately ruling for the state. d. It rejected the student complaint, as public school students have no free exercise rights in school.

b. 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.

The following questions are based on the following excerpt from a major Supreme Court decision. "Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone..." ...We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently inequal. Therefore, we hold that the plaintiffs...are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment." The doctrine of "separate by equal" referred to above had previously been upheld by which of the following Supreme Court decisions? a. Dred Scott v. Sanford, 1857 b. Plessy v Ferguson, 1896 c. Swann v. Charlotte-Mecklenburg County Board of Education, 1971 d. Brown v. Board of Education of Topeka

b. Plessy v Ferguson, 1896

Which of the following best defines civil liberties? a. The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights b. Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government c. Laws passed by Congress to define the powers and privileges of individuals d. Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups

b. Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government

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? a. Full faith and credit b. Selective incorporation c. Equal protection d. Eminent domain

b. Selective incorporation

Brown v. Board of Education reversed what prior Supreme Court doctrine? a. Judicial review b. Separate but equal c. Separation of church and state d. Due process doctrine

b. Separate but equal

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? a. The Fourth and Fifth Amendments b. The Fifth and Sixth Amendments c. The Sixth and Eighth Amendments d. The Fourteenth and Fifth Amendments

b. The Fifth and Sixth Amendments

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? a. The necessary and proper clause b. The Fourteenth Amendment c. The Judiciary Act of 1789 d. The Civil Rights Act of 1964

b. The Fourteenth Amendment

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010)? a. The equal protection clause of the Fourteenth Amendment requires Congress to protect an individual's ability to keep and bear arms under the Second Amendment. b. The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment. c. The Second Amendment is a collective right and not one intended for individual application. d. The full faith and credit clause requires the State of Illinois to respect the laws of neighboring states concerning the right to keep and bear arms.

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

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? a. The writ of habeas corpus. b. The exclusionary rule. c. The Miranda warning. d. The protection against ex post facto.

b. The exclusionary rule.

Civil rights activists, such as those who campaign for gay and lesbian equal rights and those who advocated for racial equality in the 1950s and 1960s, often find the most effective way to secure those rights is a. through mass demonstrations to raise awareness of their causeThis answer is incorrect.Making people "aware" of inequalities doesn't secure those rights. b. through litigation in the courts to gain legal protections against discrimination c. by launching educational campaigns to increase the level of public support for their cause d. by persuading presidents to issue executive orders that prevent discrimination within the federal workforce

b. through litigation in the courts to gain legal protections against discrimination

Which of the following best illustrates the protection of an individual's Fifth Amendment rights? a. An appeals court rules that a lower court imposed excessive punishment on an individual who broke a law. b. A judge blocks an attempt by law enforcement to search a home without probable cause. c. After arrest, a suspect is informed of the right to remain silent during interrogation. d. Right to be represented by a lawyer

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

Which of the following principles protects a citizen from imprisonment without trial? a. Representative government b. Separation of powers c. Due process d. Checks and balances

c. Due process

(1) "BEFORE WE ASK YOU ANY QUESTIONS, YOU MUST UNDERSTANDYOUR RIGHTS." (2) "YOU HAVE THE RIGHT TO REMAIN SILENT." (3) "ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU INCOURT."(4) "YOU HAVE THE RIGHT TO TALK TO A LAWYER FOR ADVICE BEFOREWE ASK YOU ANY QUESTIONS AND TO HAVE THE LAWYER WITH YOUDURING QUESTIONING." (5) "IF YOU CANNOT AFFORD A LAWYER, ONE WILL BE APPOINTED FORYOU BEFORE QUESTIONING IF YOU WISH(6) "IF YOU DECIDE TO ANSWER ANY QUESTIONS NOW WITHOUT A LAWYERPRESENT. YOU WILL STILL HAVE THE RIGHT TO STOP ANSWERING AT ANY TIME.YOU ALSO HAVE THE RIGHT TO STOP ANSWERING AT ANYTIME UNTIL YOUTALK TO A LAWYER." The card shown above was issued as a consequence of which of the following Supreme Court decisions? a. Gitlow v. New York b. Munn v. Illinois c. Miranda v. ArizonaThis is the correct answer. d. Gideon v. Wainwright

c. Miranda v. Arizona

The establishment clause in the First Amendment does which of the following? a. Guarantees freedom of speech to all citizens. b. Prevents prior restraint of the press. c. Prohibits the setting up of a state church. d. Defines the concept of dual citizenship.

c. Prohibits the setting up of a state church.

Which of these is NOT a protection within the Bill of Rights? a. Right to due process b. Freedom of Speech c. Right to privacy d. Right to a speedy and fair trial

c. Right to privacy

In Gideon v. Wainwright, the United States Supreme Court ruled that the a. Bible could be distributed at public schools under the free exercise clause of the First Amendment. b. The exclusionary rule prevented the introduction of evidence seized in violation of the Fourth Amendment from being introduced in court. c. Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws. d. Eighth Amendment cruel-and-unusual-punishment provision cannot be applied in a discriminatory manner.

c. 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? a. The people should control all aspects of governance. b. The legislature should be the most powerful branch of government. c. Some rights are fundamental and should not be subject to majoritarian control. d. All people should be guaranteed the same rights, whether they are citizens or not.

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

The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following? a. The First Amendment's right to freedom of expression b. The Fourteenth Amendment's due process clause c. The Fourteenth Amendment's guarantee of equal protection d. The Fourth Amendment's exclusionary rule

c. The Fourteenth Amendment's guarantee of equal protection

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? a. The application of strict scrutiny b. The exclusionary rule for evidence c. The heavy presumption against prior restraintThis answer is correct. d. Time, place, and manner restrictions.

c. The heavy presumption against prior restraint

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to a. expand presidential power b. restrict the application of judicial review c. make most rights contained in the Bill of Rights applicable to the states d. prevent states from taxing agencies of the federal government

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

The federal Constitution guarantees all the following rights to a person arrested and charged with a serious crime EXCEPT the right to a. remain silent b. be represented by a lawyer c. negotiate a plea bargain d. demand a writ of habeas corpus

c. negotiate a plea bargain

In Miranda v. Arizona, the United States Supreme Court declared that a. illegal aliens have the same right to an education as United States citizens b. evidence seized during an illegal search cannot be used in court c. police must inform criminal suspects of their constitutional rights before questioning suspects after arrest

c. police must inform criminal suspects of their constitutional rights before questioning suspects after arrest

The free-exercise clause protects a. the president from forcibly revealing private conversations with staff b. individuals who, for religious reasons, refuse to pay Social Security taxes c. voluntary prayer by student groups before school d. a person's right to burn the American flag

c. voluntary prayer by student groups before school

Discrimination in public accommodations was made illegal in the United States as a direct result of the a. Supreme Court decision in Brown v. Board of Education of Topeka b. Montgomery bus boycott c. Voting Rights Act of 1965 d. Civil Rights Act of 1964

d. Civil Rights Act of 1964

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? a. United States v. Lopez (1995) b. McDonald v. Chicago (2010) c. Wisconsin v. Yoder (1972) d. Gideon v. Wainwright (1963)

d. Gideon v. Wainwright (1963)

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? a. The interstate commerce clause b. The free exercise clause c. The supremacy clause Selected:d. The establishment clause

d. The establishment clause

Which of the following cases examined a state law that required all children to attend school through the twelfth grade to promote the general welfare of its citizens? Selected:a. Engel v. Vitale (1962) b. Marbury v. Madison (1803) c. Tinker v. Des Moines Independent School District (1969) d. Wisconsin v. Yoder (1972)

d. Wisconsin v. Yoder (1972)

Brown v. Board of Education of Topeka (1954) was a significant Supreme Court ruling because it a. placed limitations on the federal government and affirmed the rights of people and of the states b. made it illegal for members of the Communist party to be schoolteachers c. upheld laws allowing for the internment of ethnic groups during wartime d. held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment

d. held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment