Exam 2: Constitutional Limitations

In the American democratic system, constitutional provisions do not limit the power of the federal and state governments to enact criminal statutes.

The U.S. Constitution originally did not provide for the equal protection of the law.

The limitations on government power reflect the framers' belief that individuals possess natural and unalienable rights that may be restricted only when absolutely necessary to ensure what?

What are the main categories of speech whose content are not protected by the First Amendment?

The ______ are the first 10 amendments to the U.S. Constitution that create rights against the federal government.

James lives in Chicago where parking can be difficult to find. James drives his car to work daily. After arriving home from work he was unable to find a parking space on the street and so he parked in an alleyway behind his home as he had done many times before. The next day, while James is at work, legislation passes to ban parking in alleyways for safety reasons. When he arrives at home he is easily able to find a parking space on the street directly in front of his property. As he is preparing dinner an officer appears at his front door and writes him a ticket based on the newly enacted law and the fact that the previous night, before the law was enacted, he had parked in the alley. Which statement applies?

All of the following are concerns protected by the right to privacy EXCEPT ______.

______ is defined as speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences.

Which constitutional constraint was referred to by Justice Oliver Wendell Holmes Jr. as "the last resort of constitutional argument"?

What are the categories of ex post facto laws as established in Calder v. Bull?

Which of the following cases was the first to recognize the right to privacy?

What are the three main differences between a bill of attainder and ex post facto laws?

Describe the differences between the three levels of scrutiny under the Equal Protection Clause. Can an individual challenge a law on grounds of discriminatory impact of a seemingly neutral law? Why or why not? Use an example from your text to support your answer.

A new ordinance limits habitation on certain streets to ethnic minorities to preserve culture and heritage. Little Italy, Chinatown, little India, etc., can only have residents of the predominant ethnicity. Jillian wishes to move to Chinatown to be close to her favorite restaurants but the ordinance prohibits this. If challenged as an equal protection violation, which standard is appropriate?

Which of the following constitutional provision(s) contains the self-incrimination clause?

Where is the act of privacy found in the Constitution? What was the first case that recognized the right to privacy? Why do we have the right to privacy? Do you believe that under certain conditions, we should give up our right to privacy in return for protection? Why or why not?

The courts apply an intermediate scrutiny test in examining distinctions based on race and national origin.

The government may neither require nor substantially interfere with individual expression.

The right to privacy extends to encompass a woman's decision whether or not to terminate her pregnancy.

The right to privacy recognizes that we are free to make the day-to-day decisions that define our unique personalities.