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- 1. Multiple Choice
Based on the information in this chart, which would MOST LIKELY happen if a State passed a law eliminating jury trials as a cost-saving measure?The Federal Government would eventually pass a similar law.The Supreme Court would uphold this decision.The principle of federalism would be threatened.The law would be declared unconstitutional. - 2. Multiple ChoiceMany States refused to ratify the Constitution unlessit established a one-house legislature with each State equally representedCongress promised to ban the slave trade at once.a general listing of the rights of the people were added to it.it stipulated that the provisions of the Bill of Rights would apply to both the States and the National Government.
- 3. Multiple Choice“The Court introduced a three-pronged standard, now known as the Lemon test, to decide whether a State law amounts to an 'establishment' of religion. That standard states: (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an 'excessive entanglement' of government and religion.” How has the Lemon test affected Supreme Court rulings about public aid to church-related schools?The Court has used the Lemon test to ban all public funding to religiously affiliated schools.The Court has interpreted the Lemon test in a way that allows most public funding of religious schools to continue.The Court has used the Lemon test to rule that most public aid to religious schools is unconstitutional.The Court has abandoned the Lemon test in recent rulings and is establishing a new standard.
- 4. Multiple ChoiceWhich constitutional clause is used as the basis for the separation of church and State at the federal level of the U.S. government?Due Process ClauseEstablishment ClauseFree Exercise ClauseTaking Clause
- 5. Multiple ChoiceHow did the Supreme Court rule on these two cases involving the protection of symbolic speech under the 1st Amendment?Burning an American flag is a form of free expression. Burning a cross is also a form of free expression.Burning an American flag is not a form of free expression. Burning a cross is also not a form of free expression.Burning an American flag is not a form of free expression. Burning a cross is a form of free expression.Burning an American flag is a form of free expression. Burning a cross is not a form of free expression.
- 6. Multiple ChoiceHow do the free speech protections of the 1st Amendment apply to radio and television broadcasts compared to other types of media?Broadcasts have the same strong protections given to newspapers and books.Broadcasts have the same limited protections as the motion picture industry.Broadcasts have very limited protections—less than newspapers or films.Broadcasts have no protections under the 1st Amendment because they use public property.
- 7. Multiple ChoiceHow are the rights of individuals balanced with the authority of the government in situations like the scene shown here?The government can limit when and where this activity takes place.Activity like this cannot be limited by the government because it is a constitutionally protected right.The government can ban such activities for any reason because they represent a threat to order and safety.These situations are not protected 1st Amendment speech, so individual rights vary from State to State.
- 8. Multiple ChoiceHow do 1st Amendment protections of freedom of assembly apply to private versus public property?The constitutional right to assemble peacefully is a protected right on both private and public property.There is no constitutional right to assemble on private property, but peaceful assembly on public property is a protected right.There is only a right to assemble on public property in designated free speech zones, which don’t apply to private property.The local government must grant permits before assemblies can be held on private property.
- 9. Multiple ChoiceReview the two categories of due process shown here, then choose the example that would represent a violation of procedural due process.The law requires all citizens to show a valid form of photo ID when applying for a job.A police department has an official policy that it will not hire women to drive patrol cars.A person is sent to prison without first being advised of what crime he or she has committed.A government agency requires all of its employees to belong to a specific political party.
- 10. Multiple ChoiceThe police officer is testing the driver to see if she has been drinking alcohol. How are the rule of law and individual rights balanced in a case like this one?The police officer must obtain a warrant, or else this type of test is an unreasonable search and seizure of evidence.The driver must agree to undergo this drunk driving test, or else this is a violation of her right to avoid self-incrimination.There is no constitutional right to privacy, so the police do not need special authority to carry out a drunk driving test.The officer can conduct this test without a warrant or permission because society has a right to protect itself from drunk drivers.
- 11. Multiple Choice“Another aspect of due process relates to the right of eminent domain, that is, the power of the government to take private property for public use. Contrary to what many believe, this right is real." In order to exercise this power, the Federal Government mustget permission from the State government.provide fair compensation to the owners for any property taken.secure the permission of the original owners of the property.do so only in cases of national emergency
- 12. Multiple Choice“The Constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence public policy, whether in political parties, interest groups, or other organizations. It also protects the people’s right to petition—to bring their views to the attention of public officials by such varied means as written petitions, letters, or advertisements; lobbying; and parades or marches.” Which of these actions would be an UNCONSTITUTIONAL violation of rights?The police arrest a group of civil rights activists who have committed an act of civil disobedience.The local authorities refuse to issue a parade permit to a group who wants to march past a school during school hours.The police arrest a man for giving a speech that urges the violent overthrow of the government.The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs.
- 13. Multiple Choice“The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness . . . . They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized man."—Stanley v. Georgia In this quotation, the Court sought tolimit the power of the police to conduct searches.link the right of privacy to the original intention of the Framers of the Constitution.deal with the government’s power of eminent domain.emphasize the government's authority to conduct drunk driving tests, later applied in Schmerber v. California.
- 14. Multiple ChoiceStudy the examples given in the table. Then select the current legal requirements for the two types of searches that have been left blank.No warrant required to search a stopped automobile. No warrant required to wiretap a person’s phone conversations.Warrant required from a judge before searching a stopped automobile. Warrant required to wiretap a phone because it violates privacy.Warrant required to search a stopped automobile. No warrant required to wiretap a person's phone conversations.No warrant required to search a stopped automobile. Warrant required to wiretap except in cases of suspected terrorist activity.
- 15. Multiple ChoiceIf this man has been charged with a federal crime, which amendment protects the right he is exercising in this conversation with his lawyer?1st Amendment4th Amendment5th Amendment6th Amendment
- 16. Multiple ChoiceRead this excerpt from the Supreme Court ruling in Miranda v. Arizona, issued by Justice Earl Warren. Then identify what type of right is being discussed. “The prosecution may not use statements . . . stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.”—Justice Earl Warrenright of privacyright to trial by juryguarantee against self-incriminationsecurity of home and person
- 17. Multiple ChoiceA writ of habeus corpus is acourt order preventing an unjust arrest or imprisonment.legislative act that inflicts punishment without a court trial.law applied to an act committed before the law was passed.formal complaint to a grand jury that accuses someone with a crime.
- 18. Multiple ChoiceWhat is the current legal status of the idea expressed in this excerpt? “No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect . . .” —Blaine Amendment, 1875This principle is now the law after the amendment was made part of the U.S. Constitution.Under the principles of federalism and incorporation, this idea is enforced by the due process clause of the 14th Amendment.Individual States choose whether to follow this principle by adopting amendments to their own State constitutions.The Supreme Court has declared this idea to be unconstitutional because it is in violation of the First Amendment.
- 19. Multiple Choice“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . .”—1st AmendmentCriminal laws and moral public standards do not apply to people who are acting according to their religious beliefs.Governments at all levels in the United States are not allowed to pass laws that aid or encourage particular churches or religion.Each person is free to believe as he or she wishes in religious matters, and government cannot favor any one religion.Due to separation of church and state, the Federal Government cannot promote religion or protect religious rights.
- 20. Multiple ChoiceHow would the Establishment Clause apply to the activity shown below if it took place at both a private school and a public school?The activity would be legal at a private school but would not be allowed at a public school.The activity would not be legal at a private school but would be allowed at a public school.The activity would be legal at both a private and a public school.The activity would not be legal at either a private or a public school.
- 21. Multiple ChoiceThe stand taken by the Founding Fathers concerning the practice of religion was based on theiropposition to religion and desire to keep it entirely separate from the new government.hope to adopt the model of church and state provided by the government of Great Britain.belief that all citizens should embrace the same religious values for the good of the new democracy.desire to prevent the creation of official government-sponsored churches in the colonies
- 22. Multiple ChoiceIn this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? “The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”—Schenck v. United StatesThe constitutional protection of free speech is absolute and each person has a right to express his or herself however he or she wishes.The government has the authority to prohibit or limit free speech whenever it wants and for any reason.The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned.The public has the responsibility to decide when people are abusing their right to free speech.
- 23. Multiple ChoiceLook at the cases below. Choose the answer that provides the correct rulings in each of the two cases.Burning a draft card is not a form of free speech. A campaign contribution is a form of free speech.Burning a draft card is a form of free speech. A campaign contribution is not a form of free speech.Burning a draft card is a form of free speech. A campaign contribution is a form of free speech.Burning a draft card is not a form of free speech. A campaign contribution is not a form of free speech.
- 24. Multiple ChoiceWhat ruling did the Supreme Court make regarding flag burning in Texas v. Johnson?It is legal to burn flags other than the U.S. flag, but burning an American flag is not free speech because it affects public morale.Burning any sort of flag is a form of intimidation and thus it is not a form of protected free speech.Laws banning the burning of the U.S. flag are unconstitutional because flag burning is a form of free speech.Each State must decide, based on its own community values, whether to allow flag burning as free speech.
- 25. Multiple ChoiceWhich of the following statements BEST summarizes the key point of this excerpt from the Supreme Court’s ruling on public assemblies in the case Cox v. New Hampshire? “If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, without unfair discrimination, to time, place and manner in relation to the other proper uses of the streets.”—Cox v. New HampshireLocal governments have the power to refuse to allow a public demonstration for any reason.A town or city cannot put restrictions on public demonstrations as long as they are peaceful.Demonstrations should be kept off of public streets because they pose a safety hazard.Limits on public demonstrations are legal as long as they are reasonable and in the public interest.
- 26. Multiple ChoiceWhat is the general rule used by the Supreme Court when deciding if civil disobedience is a constitutionally protected right?If the protest is nonviolent, then civil disobedience is protected by the First Amendment right to free assembly.Civil disobedience is not protected by the First Amendment and so protestors may be charged if they break any laws.When the laws being protested are unconstitutional, then civil disobedience is protected by the First Amendment.Acts of civil disobedience are not protected if carried out on public property, but have First Amendment protection on private property.
- 27. Multiple ChoiceThe chart lists ways in which the government may limit individual rights for the public good. What other legal way to limit individual rights could be added to this list?To promote morals: Fine citizens if they do not vote in elections.To promote the general welfare: Require all children to attend a public school.To promote health: Make it illegal to own a gun within the city limits.To promote safety: Require all drivers to wear seat belts.
- 28. Multiple ChoiceWhat is the significance of the 14th Amendment?It specifies restrictions on the National Government regarding basic rights.It provides that all protections of the Bill of Rights are extended to the States.It specifies which rights are "basic or essential" to the liberty of the American people.It provides that the States, like the Federal Government, cannot deny basic rights to their people.
- 29. Multiple ChoiceRead this famous quotation from Justice Oliver Wendell Holmes. Which is the best interpretation of Holmes' meaning? “The most stringent [strict] protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic.”—Justice Oliver Wendell Holmes, opinion of the Court, Schenck v. United States (1919)The right to free speech is absolute and cannot be infringed upon.The right to free speech depends upon how the Constitution is interpreted.The right to free speech differs from State to State and circumstance to circumstance.The right to free speech does not apply when it infringes upon the rights and safety of others.
- 30. Multiple ChoiceExamine the interaction between the police officer and citizen. Identify the legal justification the police officer must have under the 4th Amendment to do what she is doing.a bill of attainderan indictmentprobable causea writ of habeas corpus
- 31. Multiple ChoiceWhich of the following amendments would have protected this person against the situation he is describing?The 1st Amendment right to free speech.The 4th Amendment right to avoid unreasonable searches.The 5th Amendment right to avoid self-incrimination.The 6th Amendment right to be told of the charges in a crime.
- 32. Multiple ChoiceWhat is the Miranda rule established by the Supreme Court’s ruling in Miranda v. Arizona?Convicted murderers cannot be subjected to cruel and unusual punishments.Police must read criminal suspects their rights before questioning them.It is illegal to use force to make a person confess to a crime.A defendant can ask to have their trial moved if they feel threatened.
- 33. Multiple ChoiceThe table lists some examples of civil liberties and civil rights.Which situation below describes a violation of civil rights?A person is accused of a crime and does not receive a fair trial.A couple is turned down in their offer to buy a house because of their raceA man has his property seized by the government without compensationA newspaper is not allowed to publish a story criticizing the government
- 34. Multiple Choice
Americans can claim rights in addition to those listed in the Constitution, according to
the 9th Amendment.
Gitlow v. New York.
the 2nd Amendment
Justice Oliver Wendell Holmes.
- Answer choicesTagsAnswer choicesTags