The Supreme Court has held that burning an American flag is protected by the
First Amendment if it is done as a political expression.
In Griswold v. Connecticut, 381 U.S. 479 (1965), the Court invalidated a law that made
it a crime to give information or advice about contraceptives to married persons.
During a war, the president has the unlimited right to suspend the writ of habeas corpus.
Since 1937, the Supreme Court has not struck down any state or federal economic
regulation.
The president shares war powers with Congress.
The Preamble is not really part of the Constitution; it is just an introduction to
the Constitution.
Today, the right to vote extends to eighteen-year-olds.
The Supreme Court has held that sex between consenting adults is protected by the
right of privacy.
The Supreme Court has held that a case challenging abortion laws becomes moot if the
plaintiff gives birth before an appeal can be heard.
At one point in time, the Supreme Court held that all death penalties in effect were
unconstitutional.
The use of excessive force violates the Fourth Amendment because it is unreasonable.
All laws that discriminate against a group of individuals violate the Equal Protection
Clause of the Constitution.
Since the restriction on the use of contraceptives violates the right of marital privacy,
laws restricting use of contraceptives among unmarried individuals are constitutional.
U.S. representatives serve four-year terms.
The power of judicial review allows the courts to determine if state or federal laws
conflict with the Constitution.
The dormant commerce clause is a total prohibition on the right of states to make laws
that affect interstate commerce.
George Washington rose to prominence in the French and Indian Wars.
Bankruptcy courts are special units of the district courts.
The voluntary recitation of a prayer by children in public schools at the beginning of
each day has been held unconstitutional by the Supreme Court.
The application of the Exclusionary Rule sometimes results in guilty people going free.
Privacy is not considered a fundamental right.
The term federalism is applied to a system of dual governments in which state and
national governments coexist.
Because of Congress’s war powers, the president must obtain the prior consent
of Congress before committing troops to foreign soil.
In the Magna Carta, the concept of due process was referred to as “the law of the land.”
When a private party uses the courts to enforce discriminatory practices, the Court will
find state action so as to find a Fourteenth Amendment violation.
Under current Supreme Court rulings, if police do not physically intrude upon the
property interest of a person, there is no search.
Regulation of speech in a public forum cannot discriminate based on the content of the
speech.
Because of the Fifth Amendment, no state can pursue felony charges against an
individual unless there is a grand jury hearing.
Case law is found in written and published opinions deciding actual disputes that have
been heard in state and federal appellate and supreme courts.
The Equal Protection Clause requires that all persons be treated equally in all respects.
Corporations are always considered to be persons for purposes of the due process
clause.
A law prohibiting the sale of nonprescription contraceptives to anyone less than 16
years of age
A. would probably be constitutional because minors have no constitutional right to
privacy.
B. would probably be constitutional because to provide otherwise violates the right of
privacy of the minor’s parents.
C. would probably be unconstitutional unless the state could show the law advances a
significant state interest.
D. would probably be unconstitutional because the age of 16 is arbitrary.
The Court in Plessyv.Ferguson
A. outlawed segregation.
B. upheld the practice of segregation.
C. overruled Brownv.Board ofEducation.
D. held that segregation was invidious discrimination.
Under the Constitution, the federal government is given the power to regulate
A. all matters dealing with foreign relations.
B. all matters of domestic concern.
C. Both a and b.
D. Neither a nor b.
The Civil Rights Act of 1964
A. was held constitutional as an exercise of congressional power to regulate interstate
commerce.
B. was held constitutional as an exercise of congressional power under the
Reconstruction Amendments.
C. applies only to state conduct.
D. was held unconstitutional.
The notion that no state can deprive a person of life, liberty, or property without due
process is found in
A. the Preamble to the Constitution.
B. Article V of the Constitution.
C. the Fifth Amendment to the Constitution.
D. the Fourteenth Amendment to the Constitution.
When attorneys and judges read court opinions, which of the following elements is
generally not important?
A. the factual background of the case
B. the legal issue or question presented to the court
C. the holding or decision in the case and the reason for the decision
D. the name of the judge who wrote the opinion
Regarding the theory of evolution, the Supreme Court
A. has said that it cannot be taught in public schools because it interferes with the
exercise of the religion of those who believe in the Bible.
B. has said that public schools cannot prohibit teaching the theory of evolution, even
though it may conflict with the religious beliefs of some.
C. has said that it can be taught in public schools, but only if equal time is given to the
creation theory.
D. has never ruled on this issue.
One common criterion used by the Court to decide if conflict preemption exists is
A. whether compliance with both federal and state regulations is a physical
impossibility.
B. the scope of the federal law and the federal interest involved.
C. whether the federal law was enacted first.
D. whether the federal law is broader than the state law.
A suspect class is a classification that includes
A. those groups who have historically been the target of discrimination.
B. those individuals accused of crimes.
C. any class that claims it has been the victim of discrimination.
D. All of the above.
Purposeful discrimination is required under the
A. rational basis test.
B. intermediate scrutiny test.
C. strict scrutiny test.
D. All of the above.
The obligation of a contract under the Constitution means
A. duty of the parties to perform.
B. the terms of the agreement.
C. the rights of the parties under the contract.
D. None of the above.
The fairness doctrine
A. requires that broadcasters present fair, unbiased reports of political figures.
B. has been ruled unconstitutional by the Supreme Court because it interferes with a
free press.
C. allows the federal government to require television and radio stations to provide
reply time to respond to political editorials and personal attacks.
D. All of the above.
The president of the Senate
A. is selected by the members of the Senate.
B. is selected by the members of the House of Representatives.
C. is appointed by the president of the United States.
D. is the vice president of the United States.
According to the Supreme Court, a student’s First Amendment rights were violated
A. when a school prohibited the wearing of armbands as a method of protest.
B. when a school punished students for lewd comments.
C. when a school censored a school newspaper.
D. According to the Supreme Court, students have no First Amendment rights.
Expression that incites illegal action
A. is never protected by the First Amendment.
B. is protected by the First Amendment unless the speech presents a clear and imminent
danger.
C. is always protected by the First Amendment.
D. can never be criminally prosecuted.
The Equal Protection Clause is found in
A. the Fifth Amendment.
B. the Thirteenth Amendment.
C. the Fourteenth Amendment.
D. the Fifteenth Amendment.
The dormant commerce clause applies to
A. situations where federal and state laws actually conflict.
B. any state law that impacts interstate commerce.
C. state laws that impact interstate commerce where no federal law on the subject
exists.
D. federal laws that impact interstate commerce where no state law on the subject
exists.
A law limiting soft money political contributions
A. was upheld by the Supreme Court because political contributions are not a form of
speech.
B. was upheld by the Supreme Court because it regulated only the source of money, not
the amount that a candidate could spend.
C. was held unconstitutional by the Supreme Court because it interfered with a political
candidate’s right to campaign.
D. None of the above; the Court refused to rule on the issue holding that it was a
political
question.
Which of the following was not considered “property” for purposes of the Takings
Clause?
A. trade secrets
B. a football team
C. interest on an attorney’s trust account
D. None of the above; they were all considered property by a court.
Because of lack of state action, the Supreme Court refused to find a violation of the
Equal
Protection Clause when
A. a deputy sheriff, hired by a private park to provide security, enforced a
discriminatory policy of the park excluding blacks.
B. a privately owned restaurant, which leased space from the state in a publicly owned
building, refused to serve blacks.
C. a private club, which had a liquor license issued by the state, discriminated against
blacks.
D. None of the above; the Court found state action in all of these situations.
The Marketplace of Ideas
A. limits free speech to political ideas.
B. extends free speech to commercial situations.
C. is a theory explaining why free speech is protected.
D. has nothing to do with free speech.
A law that punishes a specific individual or individuals for some act is known as
A. an ex post facto law.
B. a bill of attainder.
C. a bill of particulars.
D. a bill of rights.
Which of the following powers does the president nothave?
A. power to veto laws
B. power to grant pardons
C. power to appoint federal judges
D. power to remove federal judges from office
The doctrine of sovereign immunity
A. limits the right of parties to sue the federal or state government.
B. as applied to state governments, is recognized in the original articles of the
Constitution.
C. prevents anyone from ever suing the federal or state government.
D. All of the above.was abolished by the Eleventh Amendment.
An executive agreement
A. is another term for an executive order.
B. is an agreement between the president and the head of another nation.
C. requires Senate approval.
D. Both b and c.
The theory of interpretation of the Establishment Clause holding that the government
cannot prefer religion over secularism or favor one religion over others is known as
A. the strict separation theory.
B. the neutral theory.
C. the accommodation theory.
D. the symbolic endorsement theory.
The right to reject medical care is part of
A. due process.
B. equal protection.
C. Neither a nor b.
D. Both a and b.
Which of the following is/are question(s) asked by the Court in evaluating a law for a
due process violation?
A. Does the law deprive a person of any rights?
B. Is the law authorized by the state constitution?
C. Is the law a proper exercise of government power?
D. All of the above.
The Exclusionary Rule
A. is expressly stated in the Constitution.
B. is a result of Supreme Court decisions.
C. applies only in federal cases.
D. applies only in state cases.
Which of the following laws was held unconstitutional because it violated the Due
Process Clause?
A. laws setting maximum rates businesses can charge
B. consumer protection laws restricting business practices such as price fixing and
fraudulent advertising
C. laws requiring licensing for certain trades and professions
D. laws limiting overtime whern neither women nor children were involved
The__________consisted of several similar cases heard together by the Court that
dealt with actions taken by President Lincoln prior to any congressional declaration of
war.
A. Lincoln Cases
B. Presentment Cases
C. Youngstown Cases
D. Prize Cases
Supreme Court cases involving interpretation of the Constitution are binding on the
states because
A. federal court decisions are always binding on the states.
B. the Supremacy Clause makes the U.S. Supreme Court the highest court in the land.
C. the concept of federalism requires this.
D. the Supremacy Clause makes the Constitution the Supreme Law of the Land.
Which of the following is notone of the criteria required for a belief or creed to be
considered a religion?
A. There must be a belief in an orthodox God.
B. The religion must incorporate a moral code that goes beyond individual belief.
C. There must be some associational ties, some group of people brought together by
common beliefs.
D. The belief must be sincere.
Procedural due process usually requires
A. notice of the proposed taking.
B. the opportunity for a fair hearing.
C. the opportunity for a hearing by an impartial judge or panel.
D. All of the above.