Deck 3: Constitutional Limitations

Question 1

The Bill of Rights of the U.S.Constitution has always been regarded by the courts as protecting citizens against arbitrary and capricious actions of their state and local governments.

Answer 1

False

Question 2

In terms of the criminal law, by far the most significant of Congress's enumerated powers is the power to regulate interstate commerce.

Answer 2

True

Question 3

The Supreme Court has stated that obscenity is entitled to constitutional protection as a form of free expression.

Answer 3

False

Question 4

The Fourteenth Amendment expressly forbids states from denying equal protection of the laws to persons in their jurisdictions, but the Supreme Court has held that the federal government is not under any obligation to provide equal protection of the laws.

Question 5

Both federal and state courts exercise the power of judicial review.

Question 6

The two fundamental aspects of due process are fair notice and fair hearing.

Question 7

A legislative act convicting a person of a crime without benefit of a trial is called an ex post facto law.

Question 8

A person may not contest the validity of a law imposing restrictions on First Amendment freedoms unless he or she has been charged with violating the law.

Question 9

One of the defects of a vague law is that it allows for arbitrary and discriminatory enforcement.

Question 10

Criminal laws that infringe First Amendment freedoms are subjected to strict scrutiny by the courts.

Question 11

In 1965 the Supreme Court explicitly recognized a constitutional right of privacy when it invalidated a Connecticut law proscribing the use of birth control devices.

Question 12

In 2010 the Supreme Court refused to extend the Second Amendment to the states via the Fourteenth Amendment.

Question 13

Over the years the Supreme Court has incorporated nearly all the provisions of the Bill of Rights into the Fourteenth Amendment, thereby making these protections applicable to state and local governments.

Question 14

In 1962 the Supreme Court upheld a state law that made it a crime for a person to be "addicted to the use of narcotics."

Question 15

Despite the mandate of the First Amendment, public assemblies may be prohibited in cases of clear and present danger to the public order or safety as long as there is imminent lawless action.

Question 16

Although there is no mention of "privacy" in the text of the Constitution, courts have recognized a constitutional right of privacy in the areas of sex, reproduction and family life.

Question 17

The Fifth Amendment limits the degree to which legislatures can require parties to report information to the government that can place them in jeopardy of criminal prosecution.

Question 18

State legislatures have frequently passed statutes impinging directly on the freedom of religion.

Question 19

The First Amendment to the U.S.Constitution prohibits Congress from adopting bills of attainder.

Question 20

The First Amendment allows government to criminalize the utterance of "fighting" words-words that tend to incite an immediate breach of the peace.

Question 21

In United States v.Morrison (2000), the Supreme Court _____________ a provision of the Violence Against Women Act of 1994 that provided a federal civil remedy to victims of gender-motivated violence.

A)upheld
B)struck down
C)refused to review
D)reinterpreted

Question 22

An ex post facto law is a law that retroactively ____________.

A)makes an innocent act illegal
B)increases the punishment for a criminal act
C)decreases the standard of proof required to convict a defendant of a crime
D)All of these

Question 23

A legislative act convicting someone of a crime without benefit of trial is referred to as _____.

A)an ex post facto law
B)a bill of attainder
C)a writ of mandamus
D)a subpoena

Question 24

The doctrine of implied powers was established by the Supreme Court in ________.

A)Marbury v.Madison (1803)
B)Barron v.Baltimore (1833)
C)McCulloch v.Maryland (1819)
D)Texas v.White (1868)

Question 25

The constitutional doctrine under which many of the provisions of the Bill of Rights have been made enforceable against the states is the doctrine of ________________.

A)habeas corpus
B)injunction
C)federalism
D)incorporation

Question 26

The doctrine of incorporation has been employed by the Supreme Court to enforce the guarantees of the ______________ against state and local governments.

A)Bill of Rights
B)Declaration of Independence
C)Thirteenth Amendment
D)none of these

Question 27

In _______________ (1969), the Supreme Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only in situations when there is imminent lawless action.

A)Cohen v.California
B)Flast v.Cohen
C)Schneckloth v.Bustamonte
D)Brandenburg v.Ohio

Question 28

At common law, ________ was the most heinous crime a person could commit.It was in a category by itself, considered far worse than any felony.

A)blasphemy
B)witchcraft
C)treason
D)sedition

Question 29

Article I, Section 8 of the U.S.Constitution enumerates Congress's _________ powers.

A)legislative
B)judicial
C)remedial
D)executive

Question 30

The Supreme Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only in situations when there is ___________.

A)imminent lawless action
B)actual violence
C)a possible public danger
D)obscenity or profanity

Question 31

Which of the following practices has been held by the courts to be protected by the Free Exercise of Religion Clause of the First Amendment?

A)polygamy
B)handling of poisonous snakes in religious ceremonies
C)door-to-door solicitation of money by religious groups
D)All of these

Question 32

In terms of the criminal law, by far the most significant of Congress's enumerated powers is power to regulate ________________.

A)interstate commerce
B)science and technology
C)law enforcement
D)state and local government

Question 33

_____________ refer(s) to any instance of hateful expression, whether verbal, written or symbolic, that is based on racial, ethnic or religious prejudice.

A)Hate speech
B)Fighting words
C)Obscenity
D)Profanity

Question 34

____________ are "those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction."

A)Vagrancies
B)Slanders
C)Fighting words
D)Torts

Question 35

In what has become a classic phrase, Justice _______________ observed that the "most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic."

A)Oliver Wendell Holmes Jr.
B)Hugo Black
C)Charles Evans Hughes
D)William Brennan

Question 36

In Texas v.Johnson (1989) the Supreme Court invalidated a Texas statute banning ______.

A)profanity in public
B)topless dancing in bars
C)desecration of the American flag
D)the use of birth control devices

Question 37

Which of the following forms of expression is not protected by the First Amendment?

A)A magazine that has been determined to be obscene.
B)A minister's sermon delivered during a church service.
C)An offensive speech by a member of the Ku Klux Klan.
D)The expenditure of money by a candidate for public office.

Question 38

In United States v.Lopez (1995), the Supreme Court struck down a federal law that made it a crime for any person to knowingly possess a firearm within close proximity to a __________.

A)military base
B)school
C)federal courthouse
D)minor

Question 39

Ratified in ____, the Bill of Rights was designed to protect American citizens from abuse of their liberties by the newly created federal government.

A)1776
B)1787
C)1789
D)1791

Question 40

The ____________ doctrine has been used by state and federal courts to reverse numerous convictions where persons have been prosecuted for merely advocating illegal acts.

A)time, place, and manner
B)clear and present danger
C)in loco parentis
D)substantive due process

Question 41

In Coker v.Georgia (1977), the Supreme Court invalidated a provision of a law that allowed capital punishment in cases of _________.

A)attempted suicide
B)manslaughter
C)rape
D)treason

Question 42

The U.S.Constitution limits the definition of _________, providing that it "shall consist only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort."

Question 43

The Bill of Rights to the U.S.Constitution was ratified in the year ______ to afford citizens protection against the new federal government.

Question 44

In Loving v.Virginia (1967), the Supreme Court relied on the ___________ Clause of the Fourteenth Amendment in striking down a state statute that criminalized interracial marriage.

Question 45

In the landmark case of _____________ (1965), the United States Supreme Court struck down a state law that proscribed the use of contraceptives by married couples.

Question 46

At a minimum, a law that touches on any constitutionally protected interest must be "rationally related to furthering a legitimate government interest." This is referred to as the ______________.

A)rule of reason
B)rational basis test
C)compelling state interest test
D)clear and convincing evidence doctrine

Question 47

The ____________ Amendment provides that: "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

A)First
B)Second
C)Third
D)Fourth

Question 48

Laws that infringe fundamental rights such as the First Amendment freedom of speech are subjected to _________ by the courts, which means that they are presumed to be unconstitutional.

A)minimal scrutiny
B)judicial restraint
C)strict scrutiny
D)the doctrine of saving construction

Question 49

The U.S.Constitution narrowly defines treason to consist only of levying war against the United States or giving _____________ to its enemies.

Question 50

In its 2003 decision in _________________, the U.S.Supreme Court struck down a Texas law prohibiting private, consensual homosexual conduct.

Question 51

At a minimum, a criminal law that touches on constitutionally protected interests must be "rationally related to furthering a ______________ government interest."

Question 52

In a series of decisions, the Supreme Court has held that the _____________ Clause of the Fourteenth Amendment makes enforceable against the states those provisions of the Bill of Rights that are "implicit in the concept of ordered liberty."

Question 53

A legislative acts imposing punishment without trial upon a person deemed guilty of a crimes is known as a ___________________.

Question 54

In Robinson v.California (1962), the U.S.Supreme Court, relying on the __________ Clause of the 8th Amendment as it applies to the states via the 14th Amendment, struck down a state law that made it a crime for a person to be "addicted to the use of narcotics."

Question 55

In Griswold v.Connecticut (1965), the Supreme Court invalidated a state law proscribing _________ as applied to married couples.

A)the use of birth control devices
B)assisted suicide
C)deviate sexual intercourse
D)none of these

Question 56

Congress has used its enumerated powers, most notably the power to regulate __________, as well as its implied powers to create a substantial body of federal criminal law.

Question 57

It is now settled law that a competent adult with a terminal illness has the right to ______.

A)commit suicide
B)demand that physicians administer life-ending drugs
C)refuse medical treatment that would unnaturally prolong his or her life
D)unlimited medical treatment at public expense

Question 58

The courts have held that the ___________ Clause of the Fifth Amendment to the U.S.Constitution limits the degree to which legislatures can write statutes that require parties to report information to the government that can place them in jeopardy of criminal prosecution.

Question 59

A(n) ___________ law is one that retroactively (1) makes an innocent act illegal; (2) increases the punishment for a criminal act; or (3) decreases the standard of proof required to convict a defendant of a crime.

Question 60

The Supreme Court has said that to be legally obscene, a particular work must appeal to a prurient interest in sex, be _____, and lack serious scientific, artistic, literary or educational value.

Question 61

The Court has refined the clear and present danger doctrine so that public advocacy may be prohibited only when there is ____________________.

Question 62

At a minimum, a criminal law that touches on a constitutionally protected interest must be "rationally related to furthering a legitimate government interest." This is known as the ______________ test.

Question 63

The ___________ Amendment protects the right "to keep and bear arms."

Question 64

Justice Holmes' position:

A)makes it impossible for the government to prosecute someone solely for their speech
B)represented an absolutist interpretation of the First Amendment
C)has been refined by the courts so that public advocacy may be prohibited only in situations when it is likely to produce imminent lawless action.
D)was ignored by the Supreme Court until 1969

Question 65

The constitutional issue implicit in this hypothetical is one arising from the:

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

Question 66

What type of political speech, if any, may be prohibited under Brandenburg v.Ohio? Provide an example of such speech.

Question 67

Government may impose reasonable _______________ regulations on public assemblies but may not otherwise ban peaceful assemblies that do not disrupt its government activities in the public forum.

Question 68

The _____________ doctrine is used to scrutinize broad criminal laws that have the potential to intrude on freedoms protected by the First Amendment.

Question 69

The Second Amendment to the U.S.Constitution stipulates: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Explain the reasoning of the Supreme Court in DC v.Heller (2008), in striking down a District of Columbia ordinance that effectively created a complete ban on handguns within the District.

Question 70

The position taken by the Supreme Court in Barron v.Baltimore:

A)is still good law today
B)was overturned by Congress prior to the Civil War
C)was nullified by the Supreme Court's interpretation of the 14th Amendment
D)was inconsistent with prevailing views of federalism in the early 19th century

Question 71

Which of the following statements is most accurate?

A)This decision necessarily undermines laws dealing with incest and bigamy.
B)This decision requires the legalization of same-sex marriage.
C)This decision overturned a previous Supreme Court decision upholding sodomy laws.
D)This decision calls into question the Court's ruling in Eisenstadt v.Baird (1972).

Question 72

Under this interpretation of the Bill of Rights:

A)there was no legal recourse when citizens' rights were infringed by state or local governments.
B)states were permitted to enact ex post facto laws
C)citizens had to look to Congress for relief from adverse state or local actions
D)citizens had to look to their state constitutions and state courts for protection against state and local governments

Question 73

How have recent decisions of the Supreme Court interpreting the Commerce Clause of Art.I, Sec.8 affected congressional authority to define criminal conduct?

Question 74

This is the origin of the _________________ doctrine.

A)fighting words
B)symbolic speech
C)time, place and manner
D)clear and present danger

Question 75

This decision is an application of the ______________ doctrine.

A)police power
B)vagueness
C)enumerated powers
D)fairness

Question 76

Criminal laws that infringe ____________ rights such as the First Amendment freedoms of speech and press are judged by a more stringent standard of review.

Question 77

Why does Justice Douglas, dissenting in Miller v.California, state that "obscenity cases have no business being in the courts"?

Question 78

Which constitutional principle is involved in this case?

A)habeas corpus
B)separation of powers
C)due process of law
D)the right of privacy

Question 79

This decision built on a line of cases involving:

A)the right of privacy
B)equal protection of the laws
C)freedom of association
D)religious freedom

Question 80

Which of the following statements is the most accurate?

A)Muldoon will ultimately prevail in this case because her arrest was an obvious violation of her constitutional rights.
B)A university campus can never be considered a public forum; therefore Muldoon had no right to protest there.
C)Like other public entities, a state university can impose reasonable regulations on the time, place and manner of demonstrations.
D)Because this was an anti-abortion protest and abortion has been recognized as the exercise of a constitutional right, Muldoon's speech was not permissible.