Constitutional Law: Governmental Powers and Individual Freedoms 3rd Edition

Match the term listed in Column 1 to its description in Column 2. A) a governmental policy barring a particular form of expression at any time or place or in any manner B) a test used by the Court to interpret and apply the Free Speech Clause, which allows government to predetermine and

Each house of Congress possesses the final authority to decide who won in contested elections. Answer: TRUE TRUE TRUE Legislation that conflicts with the U.S. Constitution may be declared void by the President. Answer: FALSE FALSE FALSE Substantive due process concerns the type or substance of behavior that is included as a "liberty" under the due process clause.

Match the constitutional amendment listed in Column 1 to the protection listed in Column 2. A) bars government from abridging the freedom of speech B) bars government from infringing on the right to bear arms C) bars government from imposing excessive bail or fines D) provides accused persons the right to a speedy, public,

The Eighth Amendment bars government from imposing cruel and unusual punishment. Answer: TRUE TRUE TRUE The rule of law is the principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws. Answer: TRUE TRUE TRUE The bad tendency test was the earliest test used by the U.S. Supreme Court to interpret

Formal rulemaking is process used by administrative agencies to create rules and regulations required only when mandated by ________. Answer: statute statute statute The Miller Test is a standard used to judge whether a material is ________. Answer: obscene obscene obscene State constitutional law may not decrease or limit federally secured rights, but a state may extend rights

The total incorporation doctrine is a theory held by some jurists and legal scholars maintaining that the Fourteenth Amendment requires all of the provisions of the Bill of Rights to be incorporated and applied to the ________. Answer: states states states What did the U.S. Supreme Court decide in United States v. Virginia (1996),

The ________ doctrine is a constitutional theory of due process that generally provides that the government cannot regulate or prohibit more speech than is necessary to address the identified harm. Answer: overbreadth overbreadth overbreadth The Due Process Clause is a provision found in both the Fifth and ________ Amendments. Answer: Fourteenth Fourteenth Fourteenth What is the impact of

Court have upheld the Civil Rights Act of 1964 based on authority granted to Congress in Article I of the Constitution involving interstate commerce. Answer: TRUE TRUE TRUE In Riley v. California (2014), a unanimous U.S. Supreme Court held that the incident-to-a-lawful-arrest exception to the warrant requirement does not extend to searching a suspect's

What does the incorporation doctrine provide? Answer: The incorporation doctrine is a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states. Over time, the U.S. Supreme Court has began to

A federalist was a person who supported creating a strong, centralized government. Answer: TRUE TRUE TRUE At times, the U.S. Court had taken both an accommodationist approach and a separationist approach to the First Amendment. Answer: TRUE TRUE TRUE Most agreements with foreign nations are in the form of executive agreements, not treaties. Answer: TRUE TRUE TRUE The Sixth Amendment right to

The First Amendment provides for the freedom of speech. Answer: TRUE TRUE TRUE The President enjoys a limited privilege against being compelled to disclose records and other materials created in the course of executive duties. Answer: TRUE TRUE TRUE The laissez-faire era or Lochner era of the Court remains the current law today with respect to the Due

The first state to ratify the Constitution was Delaware. Answer: TRUE TRUE TRUE Members of Congress are absolutely immune from suit for statements made while on the floor of either house. Answer: TRUE TRUE TRUE The Preamble and Articles of the U.S. Constitution reflect a social compact or contract between two primary parties"the people and the government. Answer: TRUE TRUE TRUE In

What case was reversed by the Court's decision in Lawrence v. Texas? A) Washington v. Glucksberg B) Gonzalez v. Oregon C) Bowers v. Hardwick D) Santa Clara County v. Southern Pacific Railroad Co. Answer: C C C A penumbra is a: A) lunar shadow. B) broken umbrella. C) type of abortion procedure. D) confidential news source. Answer: A A A What case upheld the power of