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Which of the following has been held by the Supreme Court to violate the
Establishment Clause of the First Amendment?
a. The provision of legislative chaplains at state expense
b. The public display of a city-owned crche
c. A crche prominently displayed on the grand staircase inside a county courthouse
d. An arrangement featuring a Christmas tree and a Hanukkah Menora placed just
outside a city-county building
Under the _______________, courts were required in each case to "ask whether the
gravity of the "evil," discounted by its improbability, justifies such invasion of free
speech as is necessary to avoid the danger."
a. clear and present danger test
b. clear and probable danger test
c. bad tendency test
d. None of the above is true.
At the time the Bill of Rights was ratified in 1791, Connecticut, Massachusetts, and
____________continued to recognize the Congregational Church as the official,
state-sponsored religious denomination.
a. South Carolina
b. North Carolina
c. New Hampshire
d. none of the above
Writing for the Supreme Court in Schall v. Martin (1984), Justice _________ stressed
that "the Constitution does not mandate elimination of all differences in the treatment of
juveniles."
a. Stewart
b. O"Connor
c. Stevens
d. Rehnquist
Dissenting in Dennis v. United States (1951), Justice __________________ wrote, "I
have always believed that the First Amendment is the keystone of our Government, that
the freedoms it guarantees provide the best insurance against destruction of all
freedom . . . So long as this Court exercises the power of judicial review of legislation, I
cannot agree that the First Amendment permits us to sustain laws suppressing freedom
of speech and press on the basis of Congress' or our own notions of mere
"reasonableness." Such a doctrine waters down the First Amendment so that it amounts
to little more than an admonition to Congress."
a. Benjamin Cardozo
b. Hugo Black
c. Robert Jackson
d. Felix Frankfurter
Which of the following Justices has urged that Roe v. Wade be overturned?
a. Kennedy
b. Ginsburg
c. Scalia
d. Stevens
In Cleburne v. Cleburne Living Center (1985), the Supreme Court struck down a zoning
law which had been applied to prohibit a home for ________ from operating in a
residential neighborhood.
a. unwed mothers
b. mentally retarded persons
c. physically disabled persons
d. illegal aliens
In____________, Chief Justice John Marshall observed "that the crime of treason
should not be extended by construction to doubtful cases."
a. Marbury v. Madison (1803)
b. Ex Parte Bollman (1807)
c. Barron v. Baltimore (1833)
d. Cramer v. United States (1945)
In_____________, the Supreme Court, by a 5-to-4 vote, dramatically overruled both
the Adkins and Tipaldo decisions.
a. Home Building and Loan Association v. Blaisdell (1934)
b. Nebbia v. New York (1934)
c.United States v. Butler (1936)
d. West Coast Hotel Company v. Parrish (1937)
In____________, the Supreme Court held that police without a warrant may not search
a home when the occupants disagree as to whether consent should be given.
a. United States v. Matlock (1974)
b. Florida v. Bostick (1991)
c. Ohio v. Robinette (1996)
d. Georgia v. Randolph (2006)
Prior to the mid-1970s, the Supreme Court regarded the regulation of __________ __ as
simply an aspect of economic regulation, entitled to no special First Amendment
protection.
a. political speech
b. symbolic speech
c. commercial speech
d. None of the above is true.
In Everson v. Board of Education, New Jersey's reimbursement of parents for costs
incurred in transporting their children by bus to and from parochial schools was
a. held constitutional under the "student benefit" theory.
b. invalidated as a violation of the principle of separation of church and state.
c. held not to present an establishment clause question.
d. held to constitute excessive entanglement between government and religion.
In a famous footnote to his opinion in ________________, Justice Harlan Fiske Stone
stated that "prejudice against discrete and insular minorities may be a special condition,
which tends seriously to curtail the operation of those political processes ordinarily to
be relied upon to protect minorities and " may call for a more searching judicial
scrutiny."
a. Korematsu v. United States (1944)
b. United States v. Carolene Products Company (1938)
c. Cleburne v. Cleburne Living Center (1985)
d. Romer v. Evans (1996)
The phrase "a wall of separation between church and state" can be traced to the writings
of _______________.
a. Thomas Paine
b. Thomas Jefferson
c. Henry David Thoreau
d. John Adams
Constitutional Limitations, written by _________________, was an influential legal
treatise published in 1868.
a. Thomas M. Cooley
b. Roscoe Conkling
c. Thomas I. Emerson
d. Stephen J. Field
Today the Contracts Clause is ______ employed as a limitation on state power.
a. often
b. seldom
c. never
d. always
In Fletcher v. Peck (1810), the Supreme Court invalidated as a violation of the
________ Clause a Georgia law rescinding the state's sale of land to private investors.
a. Commerce
b. Supremacy
c. Contracts
d. Full Faith and Credit
Under the "New Equal Protection," the courts have used the Equal Protection Clause to
scrutinize closely any law or practice that discriminates among groups in their
enjoyment of
a. fundamental rights.
b. private clubs.
c. government benefits.
d. tax exemptions.
In _______________, the Supreme Court struck down the white primary as violative of
the Fifteenth Amendment, thus overruling _______________.
a. United States v. Classic (1941); Smith v. Allwright (1944)
b. Grovey v. Townsend (1935); Smith v. Allwright (1944)
c. Smith v. Allwright (1944); Grovey v. Townsend (1935)
d. None of the above is true.
Which of the following provisions of the Fourteenth Amendment was used most
extensively during the early 1900s as a basis for limiting state economic regulation?
a. Privileges and Immunities Clause
b. Equal Protection Clause
c. Section 5
d. Due Process Clause
In Minersville School District v. Gobitis (1940), the Supreme Court upheld a local
school board requirement that all public school students participate in a daily
__________ program.
a. Bible reading
b. flag salute
c. military training
d. "released time"
In Employment Division v. Smith (1990), the Supreme Court rejected a claim by
_________________ that their ritualistic use of peyote constituted free exercise of
religion.
a. Rastafarians
b. Native Americans
c. Satanists
d. Buddhists
When the Chief Justice is voting in the minority, opinion assignment falls to the
_________who is voting in the majority.
a. senior justice
b. junior justice
c. median justice
d. None of the above is true.
In ___________, the Court split 5 to 4 in striking down a public high school's policy of
allowing students to elect a chaplain to deliver invocations before football games.
a. Stone v. Graham (1980)
b. Wallace v. Jaffree (1985)
c. Lee v. Weisman (1992)
d. Santa Fe Independent School District v. Doe (2000)
In ___________________, the Supreme Court held that if a school permits after-hours
activities concerning moral or character development, it cannot prohibit activities even
if they involve religious instruction of elementary school students.
a. Board of Education v. Mergens (1990)
b. Widmar v. Vincent (1981)
c. Good News Club v. Milford Central School (2001)
d. None of the above is true.
According to your textbook, Under which Chief Justice did the Supreme Court broaden
the scope of federal habeas corpus review of state criminal convictions by permitting
prisoners to raise issues in federal court that they did not raise in their state appeals?
a. Earl Warren
b. Warren Burger
c. William Rehnquist
d. John Roberts
In ____________, the Supreme Court reversed the treason conviction of a German
immigrant accused of giving aid and comfort to two Nazi saboteurs who infiltrated the
United States.
a.Marbury v. Madison (1803)
b. Ex Parte Bollman (1807)
c. Barron v. Baltimore (1833)
d. Cramer v. United States (1945)
The ______ Amendmentwas included in the Bill of Rights as a solution to a problem
raised by James Madisonnamely, that the specification of particular liberties might
suggest that individuals possessed only those specified.
a. Seventh
b. Eighth
c. Ninth
d. Tenth
In Commentaries on the Laws of England, Vol. IV (1769), ______________ stated the
rule against prior restraint in the context of freedom of the press: "The liberty of the
press is indeed essential to the nature of a free state; but this consists in laying no
previous restraints upon publications, and not in freedom from censure for criminal
matter when published."
a. Thomas Jefferson
b. Alexander Hamilton
c. John Adams
d. Sir William Blackstone
A (an) _________________ is a legislative act that imposes punishment upon a person
without benefit of a trial in a court of law.
a. corpus delecti
b. bill of attainder
c. writ of prohibition
d. None of the above is true.
