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50 Cards in this Set
- Front
- Back
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Which of the following is not a right in the original Constitution?
freedom of speech no bills of attainder habeas corpus no ex post facto laws |
freedom of speech
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Article I of the Constitution prohibits which of the following, which make an act punishable as a crime even if the act was legal when it was committed?
writs of habeas corpus bills of attainder ex post facto laws procedural guarantees |
ex post facto laws
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The process by which provisions of the Bill of Rights are brought within the scope of the
Fourteenth Amendment and so applied to state and local governments is called federalism stare decisis judicial federalism selective incorporation |
selective incorporation
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The ___ clause prevents government sponsorship of religion, direct government financial
support of religion, and government involvement in religious matters. establishment free exercise religion wall of separation |
establishment
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Which of the following is not a viewpoint of justices of the current Supreme Court related to
separation of church and state. the nonpreferentialist test exclusionary rule endorsement test coercion test |
exclusionary rule
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The Supreme Court has held that prayer in public schools
a. is strictly unconstitutional b. is allowed by individual students but it may not be sponsored, organized, or endorsed by school officials c. is constitutional as long as it nondenominational d. is only permitted if students take a vote on whether to have prayer |
b. is allowed by individual students but it may not be sponsored, organized, or endorsed
by school officials |
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In which of the following cases did the Supreme Court rule that Ohio's school voucher program to be neutral and permissible?
a. Everson v. Board of Education of Ewing Township (1947) b. Lemon v. Kurtzman (1971) c. Engel v. Vitale (1962) d. Zelman v. Simmons-Harris (2002) |
Zelman v. Simmons-Harris (2002)
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The Supreme Court ruled the Religious Freedom Restoration Act of 1993 unconstitutional
because __________. a. Congress was assuming the role of the courts in interpreting the First Amendment. b. it infringed on religious practices. c. it violated the establishment clause. d. it promoted Christianity over all other religions |
a. Congress was assuming the role of the courts in interpreting the First Amendment.
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Which of the following holds that the use of words and pictures should rarely, if ever be
curtailed? a. The Preferred Position Doctrine b. The Bad Tendency Test c. The Clear and Present Danger Test d. The Miller test |
a. The Preferred Position Doctrine
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Commercial speech is constitutionally protected
a. and applies to any speech intended to make a profit b. and is more heavily regulated than other speech c. and includes false and misleading advertising d. all of the above |
b. and is more heavily regulated than other speech
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Which of the following is not part of a test to determine if a work may be considered legally
obscene? a. The work depicts or describes sexual conduct in a patently offensive way. b. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. c. A three judge federal panel determines that average persons are offended. d. The average person applies contemporary community standards. |
c. A three judge federal panel determines that average persons are offended.
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Which of the following forms of governmental interference with expression are judges most
suspicious of? a. Prior restraint on publication b. Vagueness c. Lack of content and viewpoint neutrality d. strict scrutiny |
a. Prior restraint on publication
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Laws passed by states requiring government agencies to open their meetings to the public and press are called __________ laws.
a. freedom of information b. sunshine c. public meeting d. transparency |
sunshine
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“Libel” is
a. spoken false statements that defame someone’s character b. written false statements that defame someone’s character c. only applied when citizens criticize public officials d. protected speech under the First Amendment |
b. written false statements that defame someone’s character
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New York Times Co. v. Sullivan held that there must be proof of which of the following in order to
find libel against a public figure? a. property loss b. actual malice c. an audience d. a written record |
actual malice
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Which of the following is not a provision of the Freedom of Information Act?
a. If a judge decides the government has improperly withheld information, the government has to pay the legal fees. b. All records of federal executive agencies are available to the public. c. If federal agencies fail to act promptly on requests for information, applicants are entitled to speedy judicial hearings. d. There are exemptions for national security and banking information |
b. All records of federal executive agencies are available to the public.
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The production and distribution of obscene materials, as a form of free speech, are
a. protected under the first amendment b. not entitled to constitutional protection c. illegal only if sold to minors d. protected as long as animals are not involved |
b. not entitled to constitutional protection
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What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach
of peace? a. hate speech b. symbolic speech c. political speech d. fighting words |
d. fighting words
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In which of the following cases did the Court strike down a law that made it a crime to send obscene or indecent messages to anyone under 18 years of age on the internet?
a. Miller v. California (1973) b. United States v. Playboy Entertainment Group (2000) c. Reno v. American Civil Liberties Union (1997) d. Texas v. Johnson (1995) |
c. Reno v. American Civil Liberties Union (1997)
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In 2002, ___________decided to allow law enforcement agents to go undercover to monitor
activities and assemblies in any public place - including mosques, churches, and chat rooms on the Internet - combating international terrorism. a. Attorney General John Ashcroft b. President G. W. Bush c. the Supreme Court d. state governments |
a. Attorney General John Ashcroft
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Which of the following is not a constitutional regulation of protests or parades?
a. manner of protest or march b. censorship of the message c. time of the protest or march d. place of the protest or march |
b. censorship of the message
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Which of the following can be defined as the inherent power of state governments to pass
laws to protect the public health, safety, and welfare? a. Contract Clauses b. Remedial powers c. Property Rights d. Police Powers |
d. Police Powers
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Today, substantive due process is used by the Court to review laws regulating ________
a. economic interests b. the right of privacy c. business enterprises d. free speech |
b. the right of privacy
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The Court struck down Nebraska's ban on "partial birth" abortions in ______________.
a. Roe v. Wade (1973) b. Planned Parenthood v. Casey (1992) c. Stenberg v. Carhart (2000) d. Webster v. Reproductive Health Services (1989) |
c. Stenberg v. Carhart (2000)
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General search warrants that authorize police to search a particular place or person
without limitation are ________. a. constitutional under all circumstances b. legal when obtained from courts of appeal judges c. unconstitutional d. permitted with reasonable suspicion |
c. unconstitutional
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Freedom from unreasonable searches and seizures is provided for by the
a. First Amendment b. Sixth Amendment c. Eighth Amendment d. Fourth Amendment |
d. Fourth Amendment
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How has the Supreme Court modified the exclusionary rule in recent years?
a. The Court has ruled that it should not apply to searches. b. The Court has made exceptions in cases in which police act in "good faith" on a search warrant that subsequently turned out to be defective or granted improperly. c. The Court has accepted the arguments of critics and abandoned the rule. d. The Court has not made any modifications recently. |
b. The Court has made exceptions in cases in which police act in "good faith" on a search
warrant that subsequently turned out to be defective or granted improperly. |
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The Court ruled in _____________ that suspects must be notified that they have right to remain
silent and to have an attorney present during questioning by police. a. Korematsu v United States (1944) b. Reid v. Covert (1957) c. Miranda v. Arizona (1966) d. Furman v. Georgia (1972) |
c. Miranda v. Arizona (1966)
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In which of the following cases did the Supreme Court declare the juvenile death penalty
unconstitutional? a. Furman v. Georgia (1972) b. Gregg v. Georgia (1976) c. Gideon v. Wainwright (1963) d. Roper v. Simmons (2005) |
d. Roper v. Simmons (2005)
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The___________ Amendment forced all states to allow qualified women to vote.
a. Twenty-First b. Nineteenth c. Fifteenth d. Seventeenth |
b. Nineteenth
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The provision of the Fourteenth Amendment that prohibits any state from denying “any person
within its jurisdiction the equal protection of the laws” is known as the __________ clause. a. due process b. jurisdiction c. privileges and immunities d. equal protection |
d. equal protection
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Which of the following bars discrimination in employment or in public accommodations on
the basis of race, color, religion, sex, or national origin? a. Civil Rights Act of 1964 b. Civil Rights Act of 1991 c. Civil Rights Act of 1957 d. Civil Rights Act of 1989 |
a. Civil Rights Act of 1964
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Which of the following is not a test to distinguish between constitutional and unconstitutional
classifications or distinctions among citizens? a. rational basis b. strict scrutiny c. clear and present danger d. intermediate scrutiny |
c. clear and present danger
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This type of segregation results from economic or social conditions or personal choice.
a. De facto segregation b. Ex post facto segregation c. De jure segregation d. Ex ante segregation |
a. De facto segregation
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In Plessy v. Ferguson (1896), the Supreme Court endorsed the view that racial segregation did not
constitute discrimination if a. there was no intent to discriminate b. it was a private act rather than an act of government c. equal accommodations were provided for members of both races d. the law passed under a state’s police powers |
c. equal accommodations were provided for members of both races
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What strategy did the National Association for the Advancement of Colored People (NAACP) use
most effectively to advance civil rights for African Americans? a. boycotts b. protests c. litigation d. nonviolent direct action |
c. litigation
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Under current laws and Supreme Court doctrine, gender distinctions
a. are never constitutional b. can be valid if the sexes are not similarly situated c. are only valid in private institutions d. are always constitutional |
b. can be valid if the sexes are not similarly situated
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What precipitated the Montgomery Bus Boycott?
a. the Reverend Martin Luther King Jr.’s “I Have A Dream” speech b. the Greensboro, N.C., lunch counter sit-in c. the arrest of Rosa Parks in Montgomery, Ala. d. the assassination of the Reverend Martin Luther King Jr. |
c. the arrest of Rosa Parks in Montgomery, Ala.
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The civil rights movement produced which charismatic leader during the Montgomery, Alabama,
bus boycott of 1955? a. James Baldwin b. Dr. Martin Luther King, Jr. c. Dick Gregory d. Jesse Jackson |
b. Dr. Martin Luther King, Jr.
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In Brown v. Board of Education II, the burden of overseeing the nationwide implementation of the
Supreme Court’s integration decisions fell on the a. federal district courts b. federal bureaucracy c. state courts d. state administrators |
d. state administrators
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During World War II, many citizens of which group were interned in prison camps?
a. African Americans b. German Americans c. Jewish Americans d. Japanese Americans |
d. Japanese Americans
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The Supreme Court ruled that the ________can exclude homosexuals under their freedom of
speech and association. a. Veterans of Foreign Wars b. Jaycees c. Rotary Club d. Boy Scouts of America |
d. Boy Scouts of America
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In cases of age discrimination the courts will apply which test?
a. rational basis b. intermediate scrutiny c. strict scrutiny d. strictest scrutiny |
a. rational basis
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Which of the following accommodations would an employer most likely have to make to be in
compliance with the Americans with Disabilities Act? a. hiring a disabled person instead of an equally qualified person without a disability b. providing better medical insurance for employees who have a disability c. lowering expectations for the quality of work performed by employees with disabilities d. installing a ramp and other physical accommodations for someone who uses a wheelchair |
d. installing a ramp and other physical accommodations for someone who uses a wheelchair
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Thomas Jefferson’s view that women should be excluded from mixing in men’s business, such as
politics and law, in order to prevent harm to women’s morals is characterized as a. reverse discrimination b. protectionism c. realism d. feminism |
b. protectionism
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In United States v. Virginia (1996) the Supreme Court declared that
a. programs that discriminate on the basis of gender will be given the same special or skeptical scrutiny as racially discriminatory programs b. a college or university may admit whomever they please c. all-male public colleges are acceptable as long as there are equivalent women’s schools d. states need not provide equal educational opportunities for men and women |
a. programs that discriminate on the basis of gender will be given the same special or skeptical
scrutiny as racially discriminatory programs |
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Romer v. Evans (1996) was a victory for __________.
a. voting rights activists b. gay rights activists c. disabled rights activists d. Asian Americans |
b. gay rights activists
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Remedies to overcome the consequences of past discrimination against African Americans,
Hispanics, Native Americans and women are known as _________ by supporters of the policy. a. desegregation b. reverse discrimination c. affirmative action d. payback |
c. affirmative action
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Which of the following forbids universities and other state agencies in California to take race and
gender into account? a. public law 305 b. University of California v. Bakke c. Proposition 209 d. Grutter v. Bollinger |
c. Proposition 209
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How have California, Washington, Texas and Florida adopted a means of maintaining diversity in
colleges and expanding educational opportunities for minorities? a. automatic admissions for a certain percentage of all high school graduates b. strict adherence to the Bakke decision c. ignoring the voter initiatives and propositions d. student lottery systems |
a. automatic admissions for a certain percentage of all high school graduates
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