Exam 2: Constitutional Limitations

Bernardine is politically active and goes to nearly every rally. She and her friends feel a responsibility to speak out against what they view as injustices. New legislation calls for all protesters to be imprisoned without trial. This is an example of what?

The rule of democracy requires that individuals receive notice of prohibited acts.

All of the following are considered to be requirements of due process EXCEPT ______.

Only one constitutional provision creates the right to privacy.

What does due process require?

Jimmy comes from a family of Jehovah's Witnesses. Their faith dictates that they not participate in the pledge of allegiance or national anthem. Jimmy is just in sixth grade and at the beginning of each school day the pledge of allegiance is said. He does not want to participate but was told that if he fails to do so he will be expelled. Does Jimmy have the right to choose whether or not to participate?

Timothy went to buy a gun and obtain a hunting license so he can go on a company hunting retreat. The retreat begins the very next day and he anticipates no problems getting his license and weapon. As he arrives at the sporting goods store to buy his weapon and ammunition, he is told that there is a 48-hour waiting period before he can obtain the gun because the store is legally required to complete a background check. Is this waiting period likely constitutional?

Individual rights and liberties do not need to be balanced against the need for social order and stability.

The Supreme Court observed that there are "well-recognized categories of speech which may be permissibly limited under the First Amendment" in which of the following cases?

Judges limit the application of the void for vagueness doctrine to cases in which the constitutionally protected rights and liberties of people to meet, greet, congregate in groups, move about, and to express themselves are threatened.

Which of the following is not a constitutional constraint?

Which amendment(s) prohibit(s) a state from depriving individuals of "life, liberty, or property without due process of the law"?

Are all categories of speech not protected by the First Amendment are criminal in nature?

Ex post facto laws are legislative acts that punish an individual or group of persons without the benefit of a trial.

A ______ is a legislative act that punishes an individual or group of persons without the benefit of a trial.

Which of the following types of speech is considered to be one of the central challenges confronting the First Amendment?

There are no limits to the freedom of speech.

The ______ to the U.S. Constitution provides that "Congress shall make no law . . . abridging the freedom of speech or of the press."

What is the rule of legality?

Broadly worded statutes are not a threat to a democratic system because it allows a trial judge to express discretion when deciding cases.