Deck 2: Constitutional Limitations

Question 1

Which of the following categories of speech are NOT protected by the First Amendment?

A) fighting words
B) incitement to violent action
C) protest speech
D) obscenity

Answer 1

C

Question 2

______ 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.

A) Hate speech
B) Libel
C) Threat
D) Obscenity

Answer 2

A

Question 3

______ is a system of government based on a constitution that limits the powers of the government.

A) Constitutional democracy
B) Legal democracy
C) Constitutional law
D) Criminal law

Answer 3

A

Question 4

The constitutional law against ______ laws is based on the familiar interest in providing individuals notice of criminal conduct and protecting individuals against "after the fact" statutes.

A) void for vagueness laws
B) statutory clarity laws
C) bill of attainder laws
D) ex post facto laws

Question 5

All of the following are protections under the Equal Protection Clause EXCEPT ______.

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) rule of legality

Question 6

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

A) First Amendment
B) Third Amendment
C) Fifth Amendment
D) Ninth Amendment

Question 7

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

A) hate speech
B) political speech
C) symbolic speech
D) religious speech

Question 8

The doctrine of legality is reflected in all of the following constitutional principles EXCEPT ______.

A) bill of attainder
B) ex post facto laws
C) statutory clarity
D) scrutiny tests

Question 9

The courts apply a(n) ______ test in examining distinctions based on race and national origin.

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) rule of legality

Question 10

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

A) Preamble
B) Bill of Rights
C) rules of legality
D) bills of attainder

Question 11

The ______ doctrine was aimed at ensuring that statutes clearly inform citizens of prohibited acts while simultaneously providing definite standards for the enforcement of the law.

A) void for vagueness
B) ex post facto
C) bill of attainder
D) statutory clarity

Question 12

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

A) rule of legality
B) bill of attainder
C) ex post facto law
D) scrutiny test

Question 13

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

A) First Amendment
B) Fourteenth Amendment
C) Nineteenth Amendment
D) Twentieth Amendment

Question 14

The doctrine of ______ provides that a statute is unconstitutional if it is drafted so broadly and imprecisely that it encompasses and prohibits a substantial amount of protected speech relative to the coverage of the statute.

A) overbreadth
B) jurisprudence
C) overcriminalization
D) multiple penology

Question 15

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

A) Griswold v. Connecticut
B) Lawrence v. Texas
C) State v. Stanko
D) Carey v. Population Services International

Question 16

The majority of the first 10 amendments now apply to the state governments as well as the federal government by means of ______.

A) inspection
B) precedence
C) legislation
D) incorporation

Question 17

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

A) First Amendment
B) Fourth Amendment
C) Second Amendment
D) Ninth Amendment

Question 18

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

A) sanctity of the home
B) intimate activities
C) information
D) child care

Question 19

The courts have adopted a level of ______ for classification on gender.

A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) rule of legality

Question 20

The rule of ______ has been characterized as "the first principle of the American criminal law and jurisprudence."

A) judiciary
B) legality
C) clarity
D) democracy

Question 21

A statute punishing a crime against nature is likely _____.

A) void for vagueness
B) a violation of equal protection
C) barred by the first amendment
D) a well-drafted statute

Question 22

Which of the following cases held unconstitutional an Illinois flat ban on carrying a loaded firearm within accessible reach outside the home?

A) McDonald v. Chicago
B) District of Columbia v. Heller
C) Moore v. Madigan
D) Kachalsky v. County of Westchester

Question 23

Timothy is a recent high school graduate. Despite many difficulties in life, he has a high GPA and SAT score. A few years ago his parents got divorced, his house was foreclosed on, and he and his mother were forced to move to a trailer park. He applied to a nearby state university in hope to continue his studies but he was denied. He believes he was denied admittance because he comes from a poor family. If he challenges this decision as an equal protection violation, what test will be used?

A) intermediate scrutiny
B) rational basis
C) strict scrutiny
D) preponderance of the evidence

Question 24

In which case did the U.S. Supreme Court hold that the Second Amendment protects the right of individuals to possess firearms?

A) McDonald v. Chicago
B) District of Columbia v. Heller
C) Moore v. Madigan
D) Kachalsky v. County of Westchester

Question 25

Gun rights activists contend that the second amendment is ______.

A) not limited to members of the militia because gun ownership is essential to the preservation of individual liberty
B) not limited to members of the militia because gun ownership is an individual choice
C) limited only to members of the militia and national guard as outlined in the constitution
D) limited only to those employed by the armed forces and hunters

Question 26

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?

A) The ordinance is presumed valid so long as it is rationally related to a constitutionally permissible state interest.
B) The ordinance must be substantially related to an important government objective.
C) The ordinance must be strictly necessary and there must be no alternative approach to advancing a compelling state interest.
D) The ordinance must be logically related to a historic interest beyond a reasonable doubt.

Question 27

Which of the following activities would not be protected by the right to privacy?

A) taking the trash out to the dumpster in an alleyway
B) a telephone conversation taking place between two parties in their own homes
C) planting a garden within a fenced backyard
D) doing dishes in a kitchen near an open window

Question 28

The holding in Kolender v. Lawson states ______.

A) the right to bear arms extends to citizens with no connection to the militia
B) fighting words are not protected by the First Amendment
C) void for vagueness was aimed to inform citizens of prohibited acts and provide definite standards for the enforcement of the law
D) ex post facto laws are prohibited

Question 29

Adnon is arrested for possessing a firearm in his vehicle. He believes he is within his rights. What may he rely on in his defense?

A) the First Amendment
B) the Second Amendment
C) the Ninth Amendment
D) the Tenth Amendment

Question 30

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?

A) This is an example of an ex post facto law and it is improper to hold James accountable for actions legal at the time they were committed.
B) This is an example of a bill of attainder and it is improper to hold James accountable for actions legal at the time they were committed.
C) This is an example of an ex post facto law and it is proper to hold James accountable for actions legal at the time they were committed.
D) This is an example of a bill of attainder and it is proper to hold James accountable for actions legal at the time they were committed.

Question 31

Which of the following is not a core concern protected by the right to privacy?

A) sanctity of the home
B) intimate activities
C) illegal activities
D) public portrayal

Question 32

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?

A) No, states may not regulate their own gun laws.
B) No, gun laws are made at the federal level only to ensure uniformity.
C) Yes, because the requirement passes the strict scrutiny test.
D) Yes, because states may not infringe on the right to possess a weapon but they may enact certain limitations.

Question 33

The holding in District of Columbia v. Heller held that the Second Amendment ______.

A) protects those affiliated with the militia and their right to bear arms
B) protects the rights of individuals to possess firearms
C) is up to the state to legislate and enforce as they deem appropriate
D) is limited to those affiliated with the militia and those acting in self-defense only

Question 34

What are the three different tests under the Equal Protection Clause in order from least restrictive to most restrictive?

A) rational basis, severe scrutiny, and intermediate basis
B) rational basis, intermediate scrutiny, and strict scrutiny
C) rational basis, strict scrutiny, and intermediate scrutiny
D) intermediate scrutiny, strict scrutiny, severe scrutiny

Question 35

Which of the following is not a constitutional constraint?

A) freedom of speech
B) statutory clarity
C) privacy
D) right to a speedy trial

Question 36

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?

A) Chaplinsky v. New Hampshire
B) West Virginia v. Barnette
C) New York v. Ferber
D) R.A.V. v. St. Paul

Question 37

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?

A) No, patriotism takes precedence over personal beliefs.
B) Yes, the government may not require individual expression.
C) No, the government may require individual expression only when it is reaffirming the allegiance to the U.S.
D) Yes, the government may only require individual expression in necessary circumstances.

Question 38

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

A) individuals must receive notice of criminal conduct
B) police must have definite standards to ensure uniformity of enforcement
C) clarity of criminal statutes
D) individuals will have the freedom of speech

Question 39

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

A) freedom of speech
B) void for vagueness
C) equal protection clause
D) ex post facto laws

Question 40

A system of government in which governmental power is limited by the constitution is what type of government?

A) tyranny
B) republic
C) democracy
D) constitutional democracy

Question 41

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

Question 42

Due process ensures clarity in criminal statutes.

Question 43

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

Question 44

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

Question 45

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

Question 46

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

A) always
B) never
C) when presented with compelling circumstances
D) when the balance of harm tips in favor of termination only

Question 47

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

Question 48

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

Question 49

Classifications on gender are subject to strict scrutiny.

Question 50

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

Question 51

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

A) Yes, all speech not protected may be prosecuted.
B) No, libel is a civil proceeding.
C) Yes, anything can be criminalized.
D) Not if it is unintentional.

Question 52

Incorporation theory has resulted in ______.

A) a system of individual rights that varies greatly from state to state
B) a fairly ununiform state system of individual rights
C) a disregard for the Model Penal Code
D) disparate treatment of criminal defendants

Question 53

The rule of judiciary has been characterized as the first principle of the American criminal law and jurisprudence.

Question 54

The U.S. Supreme Court has stressed that lack of standards presents the danger that a law will be applied in a discriminatory fashion against minorities and the poor.

Question 55

There are no limits to the freedom of speech.

Question 56

The constitutional rule against ex post facto laws is based on the familiar interests in providing individuals notice of criminal conduct.

Question 57

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?

A) bill of attainder
B) ex post facto law
C) violation of due process
D) violation of civil rights and liberties

Question 58

Criminal statutes do not make distinctions based on factors such as age, race, and gender.

Question 59

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?

A) the efficiency of government rule
B) social order and stability
C) the allegiance of all to the federal government
D) the social contract remains intact

Question 60

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

Question 61

What does due process require?

Question 62

Consider life in a country that does not provide safeguards for civil liberties. How would your life be changed? How would it stay the same?

Question 63

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

Question 64

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

Question 65

Why does the right to privacy lack a clear meaning?

Question 66

What are the common characteristics of speech lacking First Amendment protection?

Question 67

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

Question 68

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.

Question 69

What is the rule of legality?

Question 70

Should there be some limit to freedom of speech? Why or why not? There are five main categories of speech whose content are not protected by the First Amendment. Can you think of any other categories or types of speech that should not be protected by the First Amendment? Explain.

Question 71

Only one constitutional provision creates the right to privacy.

Question 72

What are the four functions central to democracy performed by freedom of expression under the First Amendment as identified by Thomas I. Emerson?

Question 73

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

Question 74

Privacy laws protect the freedom to make choices concerning personal lifestyle and an individual's body and reproduction.

Question 75

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.

Question 76

What is the difference between hate speech and hate crimes? Provide examples from media portrayals, personal experiences, or situations you may have witnessed. What are some ways society can combat hate speech and hate crimes?

Question 77

Discuss the significance of the ruling in Coates v. Cincinnati when analyzing the concepts of statutory clarity and void for vagueness. Do you agree with the ruling of the case? Why or why not?

Question 78

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?

Question 79

Decide whether or not you believe the government should be able to punish citizens for breaking ex post facto laws, and explain your position.

Question 80

Due process requires that criminal statutes be drafted in a clear and understandable fashion.