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, and jury trial in criminal
cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty
dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner’s
consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the
Constitution are reserved to the States or the people
J) provides that the Constitution’s enumeration of specific rights should not be
interpreted to deny other rights retained by the people
1) First Amendment
2) Second Amendment
3) Third Amendment
4) Fourth Amendment
5) Fifth Amendment
6) Sixth Amendment
7) Seventh Amendment
8) Eighth Amendment
9) Ninth Amendment
10) Tenth Amendment
Answer:
Match the term listed in Column 1 to its described listed in Column 2.
A) a term used to describe the Constitution as a contract between two primary
parties”the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot
deprive individuals of life, liberty, or property without due process of law
C) 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
D) a theory of individual liberties that maintains that liberties are the result of the “laws
of nature”
E) a theory of individual liberties that considers liberties to be the product of a
negotiated contract
11) incorporation doctrine
12) compact theory
13) natural law theory
14) Due Process Clause
15) social compact
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) expression that is directly aimed at insulting, derogating, or intimidating a particular
class of individuals, often based on race, sex, religion, or ethnicity
B) a legal standard requiring the government to prove that its policy is necessary (or
narrowly tailored) to promote a compelling governmental interest
C) a constitutional theory of due process that maintains that the government cannot
impose legal standards that the average person cannot or is not likely to understand
D) a standard used to judge whether a material is obscene
E) 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
F) the government, in attempting to regulate speech, is not discriminating against
speech based on its content or subject matter
G) properties historically associated with the exercise of First Amendment rights,
including public sidewalks, parks, and cartilages outside courthouses and statehouses
H) a category of unprotected speech that “by their very utterance inflict injury or tend
to incite an immediate breach of the peace”
1. Miller Test
2. hate speech
3. strict scrutiny test
4. public forums
5. content neutrality
6. vagueness doctrine
7. overbreadth doctrine
8. fighting words
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) a view of the religion clauses that generally asserts that government should remain
strictly separate or removed from religious activity
B) clause in the First Amendment that addresses the extent to which government can
interfere with an individual’s religious practices
C) individuals seeking to avoid war-time military service based on religious or other
conscience-based objections
D) a legal standard developed by the Court in 1971 to evaluate Establishment Clause
cases that requires the challenged government action to meet three guidelines:
(1) it must have a secular (nonreligious) purpose,
(2) its primary effect must neither advance nor inhibit religion, and
(3) it must not foster an excessive entanglement with religion and government
E) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard
for free exercise cases
F) clause in the First Amendment that generally regulates the extent to which
government can participate in, assist, or otherwise further religious activity or
organizations
G) a constitutional litmus test that weighs the government’s interest in advancing a
particular policy against the free exercise interests of the individual. In order for the
government’s interest to outweigh the individual’s, the government must prove that its
interest is necessary to promote a compelling governmental interest
H) a legal standard used to evaluate Establishment Clause cases that essentially asks
whether the government is acting in a manner that may have a coercive effect on
individuals to support or participate in a particular religion
I) a legal standard used to assess Establishment Clause issues where the court asks the
more general question of whether the government’s activity conveys a message of
endorsement or disapproval of religion
J) an interpretation of the religion clauses that maintains that it is appropriate for
government to accommodate or otherwise assist religious interests or organizations
1. Religious Freedom Restoration Act
2. compelling governmental interest test
3. coercion test
4. endorsement test
5. Lemon test
6. Free Exercise Clause
7. Establishment Clause
8. accommodationist approach
9. separationist approach
10. conscientious objectors
Answer:
Match the term listed in Column 1 to its description in Column 2
A) an approach to interpreting the Constitution that is similar to original intent, except
that it seeks to determine what the legal culture understood (as opposed to what the
drafters intended) under the provision when it was originally written
B) the requirement that government treat persons fairly while it attempts to interfere
with their liberty interests and concerned with how the government processes and
safeguards individuals and their claims
C) concerns the type or substance of behavior that is included as a “liberty” under the
due process clause
D) a legal standard used by the Court to assess Fourth Amendment rights against
unreasonable searches and seizures
E) a liberty interest under the Fourteenth Amendment Due Process Clause as
determined by the U.S. Supreme Court during the latter part of the nineteenth century
and early part of the twentieth century
F) a provision found in the Fifth Amendment that states that government cannot take
private property for public use without just compensation
G) an approach to interpreting the Constitution that uses historical analysis to assess
what the authors of the Constitution meant or intended by a particular term or provision,
including the term liberty within the Due Process Clause
H) a provision found in both the Fifth and Fourteenth Amendments that requires
government not to deny life, liberty, or property without due process of law
1) liberty of contract
2) Due Process Clause
3) procedural due process
4) original understanding
5) reasonable expectation of privacy
6) takings clause
7) substantive due process
8) original intent
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) a legal standard used to review restrictions on abortion for their constitutionality
B) a phrase frequently offered by the Court as the standard for assessing whether a
particular human activity will be included as a “liberty interest” under the Due Process
Clause
C) constitutional balancing test that requires the government to show that its
infringement upon a fundamental right is necessary (or narrowly tailored) to serve a
compelling governmental interest
D) a constitutional right of the highest order and one to which utmost constitutional
protection is applied, including strict scrutiny protection
E) a provision in Article I, Section 10, of the Constitution that provides that states
cannot impair the obligations of contracts
F) an approach to interpreting the Constitution that strictly construes the explicit words
of the Constitution to determine whether a particular right is protected
G) a legal document in which a person provides instructions for medical treatment (or
the lack thereof) in cases where the person becomes incapacitated
9) contract clause
10) fundamental right
11) strict constructionist
12) implicit in the concept of ordered liberty
13) living will
14) undue burden
15) strict scrutiny test
Answer:
Match the form of discrimination applied listed in Column 1 to the standard used in
Column 2.
A) intermediate scrutiny
B) strict scrutiny
C) rational basis test
1) income/wealth
2) sexual orientation
3) right to vote
4) right to marry
5) right to travel
6) marital status of a person’s parents at the time of birth (illegitimacy)
7) race
8) age
9) sex
Answer:
Match the federal civil rights legislation or constitutional provision listed in Column 1
to its description in Column 2.
A) provides that no person shall, on the basis of sex, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance
B) prohibits employers with fifteen or more employees from discriminating based on
race, color, religion, sex, and national origin
C) bars discriminations against anyone who has a mental or physical disability in the
area of employment, public services, transportation, public accommodations, and
telecommunications
D) provides that all persons are entitled to the full and equal protection of the “goods,
services, facilities, privilege, advantages and accommodations of any place of public
accommodation . . . without discrimination or segregation on the ground of race, color,
religion, or national origin.”
E) protects individuals who are 4 years of age or older from employment discrimination
based on age
F) prohibits racial discrimination in elections
G) requires that “[n]o state shall . . . deny to any person within its jurisdiction the equal
protection of the laws”
10. Title II of Civil Rights Act of 1964
11. Voting Rights Act of 1965
12. Age Discrimination in Employment Act (1967)
13. Americans with Disabilities Act (1990)
14. Title VII of Civil Rights Act of 1964
15. Title IX of Civil Rights Act of 1964
16. Fourteenth Amendment
Answer:
Match the exception to the Fourth Amendment warrant requirement listed in Column 1
to its description in Column 2.
A) an exception to the Fourth Amendment warrant requirement that allows police to
search and seize items if they are lawfully in a location where they plainly see evidence
of criminal activity
B) an exception to the Fourth Amendment warrant requirement that allows police to
perform searches with the permission or consent of a person who has actual or apparent
authority over the property being searched
C) an exception to the Fourth Amendment warrant requirement that allows officers to
conduct warrantless searches where there is a need to apprehend a dangerous person or
prevent an imminent and serious threat to the police or public
D) exception to the warrant requirement that allows police to search a vehicle without a
warrant if they have probable cause to believe that the vehicle or part thereof contains
evidence of criminality
E) during warrantless searches conducted pursuant to a lawful arrest, police are
permitted to search the surrounding premises if authorities reasonably believe that
accomplices may be present in the area and threaten the safety of the officers
F) an exception to the Miranda requirement that has allowed police, in at least one
instance, to question a suspect in custody without supplying the requisite warnings
when the questions were designed to address an imminent matter of public safety
G) an exception to the warrant requirement for searches and seizures that allows law
enforcement officers to search and seize areas or items located in open and public view
H) allows officers performing stop and frisks to seize non-weapon forms of contraband
(drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a
properly executed patdown
I) a form of the exigent circumstances exception to the warrant requirement that allows
police to enter places without a warrant where they are pursuing a fleeing felon, where
evidence may be destroyed or evaporated, where contaminated food or narcotics
present immediate danger, and where an ongoing crisis poses a threat to public safety
J) a type of exigent circumstances situation that allows police to perform warrantless
seizures of evidence that may be destroyed or evaporated
1. automobile exception
2. evanescent evidence exception
3. public safety exception
4. plain-feel exception
5. open fields doctrine
6. protective sweep
7. consent searches
8. exigent circumstances exception
9. hot-pursuit rule
10. plain view doctrine
Answer:
As a check on the president, the U.S. Supreme Court holds the authority of
impeachment and removal.
Answer:
Stare decisis refers to a Larn phrase that means “on the bench.”
Answer:
Mootness, ripeness, standing, political question, and case-or-controversy requirements
all limit the authority of the judiciary.
Answer:
The U.S. Supreme Court has incorporated the First Amendment religion clauses
through the Fourteenth Amendment Due Process Clause, thereby making them
applicable to state and local governments.
Answer:
The Ninth Amendment suggests that beyond those listed in the First through Eighth
Amendments, there are other unenumerated rights that individuals retain that are to be
protected against governmental intrusion.
Answer:
Seizure of a person occurs when law enforcement officer uses force or the threat of
force to detain a person, thereby causing the person to reasonably believe that he or she
cannot freely leave the presence of the official.
Answer:
The intermediate scrutiny test is a constitutional standard used in cases involving a
semi-suspect form of discrimination that requires the government to show that its
semi-suspect form of discrimination is substantially related to an important
governmental interest.
Answer:
The holding in Lawrence v. Texas is considered a landmark ruling in terms of
procedural due process rights.
Answer:
The Constitution limits the number of terms a person may serve in both the House and
the Senate.
Answer:
Since 1934, the U.S. Supreme Court generally has interpreted the Contract Clause in a
manner that allows government to enact legislation that benefits the general welfare
even if it interferes with private contracts.
Answer:
The Sixth Amendment right to counsel applies to both criminal cases and civil cases.
Answer:
The overbreadth 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:
Of the thirteen original states, only Massachusetts was not represented at the
Philadelphia Constitutional Convention.
Answer:
Article III establishes federal administrative agencies.
Answer:
The separate but equal doctrine adopted in Plessy v. Ferguson (1896) remains the law
today under the Equal Protection Clause.
Answer:
An executive order signed by the President cannot be a violation of the Establishment
Clause or the Free Exercise Clause since the beginning of the First Amendment
includes the phrase “Congress shall make no law” in the text.
Answer:
The neutrality test is an approach to free exercise cases adopted in Employment
Division v. Smith (1990) that maintains that governmental policies that are neutral in
form and generally applied will be deemed constitutional, regardless of their adverse
impact on certain religious practices.
Answer:
The rational basis test is used for fundamental rights such as the right to vote.
Answer:
The Free Exercise Clause and Establishment Clause are found in Article I of U.S.
Constitution.
Answer:
Article I, Section 2, clause 5 of the U.S. Constitution gives the Senate the responsibility
of trying impeachment cases.
Answer:
An independent administrative agency is one which generates its own revenues through
bonds and other measures, rather than relying on appropriations from Congress.
Answer:
Under the dormant Commerce Clause, a state law that discriminated against out-of-state
participants is presumed invalid.
Answer:
James Madison wrote the Virginia Plan, which would be the working document of the
Philadelphia Constitutional Convention.
Answer:
Congress may impose reasonable limitations upon the executive pardon power.
Answer:
The common vehicle for presidential lawmaking is the executive order.
Answer:
The balancing test used to judge freedom of speech controversies has evolved over
time.
Answer:
Because treaties are deemed “supreme law,” they are equal to the Constitution in
authority.
Answer:
Stare decisis refers to the process of ordering a lower court to send a case up for review.
Answer:
Article I of the U.S. Constitution provides that the “judicial power of the United States,
shall be vested in one Supreme Court, and such inferior Courts as the Congress may
from time to time ordain and establish.”
Answer:
The freedom of association is based on the language in the Fourth Amendment.
Answer:
What document written by James Madison is frequently used when interpreting and
discussing the religion clauses?
A) Memorial and Remonstrance against Religious Assessments
B) Federalist 70
C) Federalist 10
D) The Religious Manifesto
Answer:
What case allowed Congress to regulate the drinking age within the states using the Tax
and Spending Clause of Article I?
A) South Dakota v. Dole
B) U.S. v. Lopez
C) Pollock v. Farmers Loan & Trust Co
D) McCulloch v. Maryland
Answer:
What is a partial pardon that reduces the punishment for a crime?
A) commutation of sentence
B) pardon
C) reprieve
D) amnesty
Answer:
Which doctrine maintains the idea that state laws that unduly burden interstate
commerce, even if the subject is unregulated by the national government, are invalid
under federalism principles, because the regulation of interstate and foreign commerce
belongs exclusively to the federal government?
A) Preemption
B) States rights
C) Dormant Commerce Clause
D) Sovereign Immunity
Answer:
Which amendment bars the government from abridging the freedom of religion?
A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) a process used by administrative agencies to create rules and regulations that is less
costly and less time consuming known as notice-and-comment rulemaking
B) a term applied to the legislative functions of an administrative agency, such as
rulemaking
C) part of Congress’s schedule occurring twice a month; a time especially set aside for
legislation intended to amend or repeal administrative rule
D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing
Commission
E) a term applied to the adjudicatory functions of an administrative agency, that is,
taking evidence and making findings of fact and findings of law
F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and
presentment of bills or resolutions to the president requirements
G) legislation that creates an agency and defines its powers is known as enabling
legislation
H legislation passed by Congress in 1946 to govern the procedures used by
administrative agencies intended to curb the growing power of agencies
I) ) an act of a legislature invalidating executive action in a particular instance.
Generally, legislative vetoes are unconstitutional
J) a process used by administrative agencies to create rules and regulations required
only when mandated by statute known as rulemaking on the record
K) the transfer of power from the president to an administrative agency
1. Mistretta v. United States (1989)
2. Corrections Day
3. legislative veto
4. formal rulemaking
5. Immigration & Naturalization Service v. Chadha (1983)
6. Administrative Procedure Act
7. enabling act
8. quasi-judicial
9. delegation of powers
10. quasi-legislative
11. informal rulemaking
Answer:
The Constitution provides generally for two forms of federal judicial jurisdiction. Those
are:
A) Diversity and Certiorari.
B) Diversity and Federal Question.
C) Federal Question and Certiorari
D) Federal Question and Pendency
Answer:
Executive orders are published in:
A) Federal Register.
B) Book of Executive Orders.
C) U.S. Code.
D) Executive Order Registry.
Answer:
If a professor at a public school imposes a policy barring students from wearing all
types of hats in the classroom, this would most appropriately be labeled as a ________.
A) regulation of protected speech
B) ban on protected speech
C) content-based limitation on political speech
D) neutral law that may impact students’ expression
Answer:
In which case can the following quotation be found?
“[T]he cases are remanded to the District Courts to take such proceedings and enter
such orders and decrees consistent with this opinion as are necessary and proper to
admit to public schools on a racially nondiscriminatory basis with all deliberate speed
the parties to these cases.”
A) Swann v. Charlotte-Mecklenberg Bd. of Education
B) Brown v. Board of Education of Topeka (I)
C) Brown v. Board of Education of Topeka (II)
D) Milliken v. Bradley
Answer:
Which article under the U.S. Constitution gives the power of the president to nominate
federal court judges?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer:
The U.S. Supreme Court extended state immunity from liability under the federal
Americans with Disabilities Act in:
A) Kimel v. Florida Board of Regents.
B) Board of Trustees of University of Alabama v. Garrett.
C) Nevada Department of Human Resources v. Hibb.
D) Chisholm v. Georgia.
Answer:
What phrase is used to describe the theory that governmental power can be limited by
enumerating or listing the government’s specific powers in a constitution?
A) inclusio unis est exclusio alterius
B) habeas corpus
C) corpus maximus
D) res judicata
Answer:
What is the name of the publication for cases from the United States District Courts?
A) Federal Supplement
B) Northeast Reporter
C) Federal Reporter
D) Federal Appendix
Answer:
Which of the following models of state-federal constitutionalism is most often applied?
A) Primary
B) Dual Sovereignty
C) Interstitial
D) Interspatial
Answer:
Why did the Supreme Court reject Dred Scott’s petition for freedom?
I. The filed his petition in the wrong federal court.
II. res judicata
III. He was not a person under the law.
IV. The Missouri Compromise was unconstitutional.
A) I and II
B) III and IV
C) I and III
D) I, II, III
Answer:
What term is used to describe the ability of government to take private property for
public use under the Fifth Amendment?
A) Confiscation
B) Seizure
C) eminent domain
D) quarantine
Answer:
In U.S. v. Nixon, the Supreme Court considered what item of evidence?
A) Iran Contra Affair
B) Watergate tapes
C) William Marbury’s commission
D) Vietnam information
Answer:
On what basis did the Supreme Court strike down the Texas sodomy statute in
Lawrence v. Texas?
A) substantive due process
B) first amendment
C) equal protection
D) full faith and credit
Answer:
If a broadcast journalist reports false information about a non-public figure, thereby
resulting in damages to a victim, what would this illustrate?
A) reporter’s privilege
B) slander
C) shield law
D) libel
Answer:
Who may declare war?
A) President
B) House of Representatives
C) Senate
D) Entire Congress
Answer:
What is the minimum age requirement to serve in the U.S. House of Representatives?
A) 21
B) 25
C) 30
D) 35
Answer:
Interpretation of state laws are finally decided by:
A) State high courts.
B) U.S. Supreme Court.
C) State legislatures.
D) Congress.
Answer:
The Supreme Court ruled that the right to privacy is constitutionally-protected liberty in
________.
A) Adamson v. California
B) Griswold v. Connecticut
C) Rochin v. California
D) Barron v. Baltimore
Answer:
What power is traditionally held by states to make and enforce laws and regulations
necessary to maintain and enhance the public welfare and to prevent individuals from
violating the rights of others?
A) Divine right
B) Police power
C) Power of the purse
D) Inherent power
Answer:
A judge who follows an interpretive approach which focuses on the precise meaning of
the text of the Constitution in 1787 is best described as:
A) Originalist.
B) Modernist.
C) Contemporary Literalist.
D) Historical Literalist.
Answer:
What standard of constitutional review is applied to income-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Answer:
Based on the readings, in which classification has the Court placed sexual-orientation?
A) suspect
B) non-suspect
C) semi-suspect
D) intermediate-suspect
Answer:
Which justice wrote the dissenting opinion in both the Civil Rights Cases (1883) and
Plessy v. Ferguson?
A) Roger Taney
B) John Harlan
C) John Marshall
D) William Rehnquist
Answer:
What standard of constitutional review is applied to race-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Answer:
A law regulating speech that fails to sufficiently define its terms would most likely be
unconstitutional based on the ________ doctrine.
A) overbreadth
B) vagueness
C) strict scrutiny
D) rational basis
Answer:
A “Terry search” is another name for a(n) ________, for which the police officer must
have ________.
A) sneak and peek search/probable cause
B) stop and frisk search/reasonable suspicion
C) sneak and peek search/reasonable suspicion
D) stop and frisk search/probable cause
Answer:
Which U.S. Supreme Court case decided in 1984 applied the Lemon test to rule hat a
crche display, which included a Santa Claus, reindeer, carolers, and a “Seasons
Greetings” sign, did not violate the Establishment Clause?
A) Hobby Lobby v. Burwell
B) City of Boerne v. Flores
C) Lynch v. Donnelly
D) Newdow v. United States Congress
Answer:
What role does Congress play, if any, in the development of interstate compacts?
A) Congress does not play a role.
B) Congress alone may initiate compacts.
C) Congress must approve compacts.
D) Both B and C are correct.
Answer:
In which case can the following quotation be found?
“[T]he legislation and histories of the times, and the language used in the Declaration of
Independence, show, that neither the class of persons who had been imported as slaves,
nor their descendants, whether they had become free or not, were then acknowledged as
a part of the people, nor intended to be included in the general words used in that
memorable instrument . . .”
A) Plessy v. Ferguson
B) Brown v. Board of Education of Topeka (I)
C) Civil Rights Cases of 1883
D) Dred Scott v. Sandford
Answer:
Viewpoint ________ means that the government does not favor one side or another
within a given subject matter of speech.
Answer:
Generally, the president is absolutely immune from suit and liability for ________ acts.
Answer:
What is the common law?
Answer:
Any state or local law that conflicts with the Constitution or a treaty of the United
States is invalid because of the ________ Clause found in Article VI of the U.S.
Constitution.
Answer:
Which U.S. Supreme Court chief justice has left the greatest impact on the laws in the
United States? Explain your position.
Answer:Answers will vary.
A Terry Stop is also known as a stop and ________ where a policy officer can conduct
an investigatory stop where the officer has reasonable suspicion that the person is
armed.
Answer:
There are ninety-four ________ courts in the United States which are the federal trial
courts.
Answer:
Congress can ________ a presidential veto with a two-thirds majority vote.
Answer:
The ________ Amendment which provides that “[t]he enumeration of certain rights in
the bill of rights, shall not be construed to deny or disparage others retained by the
people” is considered one source to recognizing the right of privacy.
Answer:
The ________ Court is known for establishing the supremacy of the national
government over the state governments.
Answer:
The two religion clauses in the First Amendment are the Establishment Clause and Free
________ Clause.
Answer:
Article I, Section 2, requires that a census of the population occur every ________
years in a manner proscribed by Congress.
Answer:
What is the difference between the constitutional rights to substantive due process and
procedural due process?
Answer:
What did Congress attempt with enactment of the Religious Freedom Restoration Act
and the Religious Land Use and Institutionalized Persons Act?
Answer:
In Boy Scouts of America v. Dale (2000), the U.S. Court refused to apply a New Jersey
civil rights law to require the Boy Scouts to retain a homosexual troop leader because
the Court concluded that it would violate the organization’s right to the freedom of
________.
Answer:
Which check on the executive branch by the legislative branch is the power powerful?
Answer:Answers will vary.
Explain which method of interpreting the U.S. Constitution you think is the best
approach.
Answer:Answers will vary.
In Griswold v. Connecticut, the U.S. Supreme Court recognized the right to ________
based on a penumbra of rights.
Answer: