1. Which of the following does the Declaration of Independence identify as the principle end of government, as its reason for being?
a. To secure to individuals their unalienable rights
1. Which of the following were principal defects of the Articles of Confederation?
a. The Articles failed to provide an independent executive and judiciary. Thus, the federal government had no means by which to enforce laws directly on individual citizens
1. In a federal system of government...
a. The national and state governments derive their authority from the people directly and both the national and state governments enforce their laws directly on the people
1. The Federal Convention of 1787...
a. Drafted the United States Constitution
1. Which of the following statements best reflects Madison's argument in Federalist 10?
a. The causes of faction cannot be removed without destroying liberty, but its effects can be controlled by extending the sphere of the political order to encompass a multiplicity of interests
1. The Federalist Papers were published under which of the following pseudonyms?
1. The judicial branch of the federal government is established by which article of the Constitution?
a. Article III
1. The Supremacy Clause of the Constitution...
a. Makes clear that state laws that conflict with duly enacted federal laws are invalid
1. Alexander Hamilton's economic program was intended to...
a. Nationalize and commercialize the American economy
1. Which of the following statements best summarizes the rule of construction by which Jefferson would interpret the Necessary and Proper Clause?
a. The power claimed must indispensible to the exercise of some end explicitly enumerated in the Constitution. Thus, the Necessary and Proper Clause is a limitation on the power of Congress
1. The 13th Amendment to the Constitution...
a. Prohibits involuntary servitude in the United States
1. The Constitution forbids Congress and the state legislatures from passing a bill of attainder, which is...
a. A legislative act that declares particular persons guilty of a crime and imposes a punishment on them without a trial
1. The Federalists, especially people like Alexander Hamilton, believed that a Bill of Rights in the Constitution...
a. Was unnecessary, and perhaps dangerous, as the Constitution already provided protections
1. In which case did the Court hold the following? The Bill of Rights, as ratified in 1791, places limits on the federal government only and not the states.v
a. Barron v. Baltimore (1833)
1. Which of the following clauses has served as the primary "vehicle" for incorporation?
a. Due Process Clause of the 14th Amendment
1. Which of the following is (are) part of the constitutionals requirements regarding search warrants?
a. Warrants must be based upon probable cause
b. Warrants must describe the items that are being sought
c. Warrants must be obtained by the swearing of an oath before a magistrate
1. One of the chief evils against which the warrant requirement protects is...
a. Writs of assistance
1. A brief "pat-down" search of a person without a warrant is permissible under which exception?
1. The primary justification for allowing an "automobile exception" is:
a. The mobility of automobiles
1. The 4th Amendment to the Constitution...
a. Guarantees immunity from unreasonable search and seizure
1. In Wolf v. Colorado, the Court...
Incorporated the 4th Amendment right against unreasonable search and seizure
1. Identify the case in which the Court first held that electronic surveillance of telephone communications constitutes a search and seizure and must therefore be performed pursuant to a warrant.
a. Katz v. United States
1. The exclusionary rule...
a. Is an enforcement measure to discourage law enforcement officials from violating the constitutional rights of the accused
1. In Miranda v. Arizona, the Court...
a. Mandated a very specific set of warnings that law enforcement officers must issue to suspects, in the absence of which the Court will assume the confession was coerced
1. Read the following hypothetical scenario and answer the question. A suspect is taken into custody. Police read him his rights. The suspect nonetheless submits to interrogation without an attorney present. After having been questioned for a time, the suspect indicates that he would like to have an attorney present before the interrogation proceeds further. The police call the public defender and request his presence. While the attorney is on his way, the police continue to pose questions to the suspect. During this interview, the suspect divulges evidence later used against him at trial. Should the testimony extracted from the suspect between his request for an attorney and the actual arrival of the attorney be excluded from evidence?
1. The Court has articulated all of the following exceptions to the exclusionary rule except
a. The clear and present danger exception
1. The _____ and _____ exceptions to the exclusionary rule permit the admittance of illegally obtained evidence if it either was or would have been discovered by some alternative legal means.
a. Independent source and inevitable discovery
1. Identify the case in which the Court held that evidence obtained illegally might nonetheless be used at trial if it would have been inevitably discovered by legal means.
a. Nix v. Williams
1. In Powell v. Alabama, the Court held that...
a. In capital cases the 6th Amendment requires states to provide counsel for indigent (poor) defendants
1. In the case of _____, the Supreme Court held that in all criminal prosecutions, defendants must be provided counsel even if they cannot afford it.
a. Gideon v. Wainwright
1. Written in 1644 as a prominent early defense of freedom of expression, Areopugitica was authored by...
a. John Milton
1. Freedom of Speech was incorporated in...
a. Gitlow v. New York
The clear and present danger test...
a. Was once used by the Court to determine the validity of government efforts to punish individuals for political speech
In Brandenburg v. Ohio, the Court held that, in order to punish political speech...
a. The speech must constitute incitement to imminent lawless action and be likely to produce such action
1. Using the O'Brien test, the Court has classified all of the following as protected forms of symbolic speech except...
a. Going nude in public to protest sexual repression and cruelty to animals
1. In the 1966 case of Adderley v. Florida the Supreme Court upheld the arrest and conviction of students who were protesting on the grounds of the county jail because...
a. Although government may not regulate the content of speech, it may regulate the time, place, or manner in which speech occurs
1. When regulating speech in a "limited public forum," the state...
a. May exclude certain topics from the forum but may not discriminate based on viewpoint
1. Which of the following is a public forum?
a. A public park
1. According to the First Amendment, true religious liberty...
a. Requires that there be a substantial separation between religious and political authority and that each individual enjoy the free exercise of his religious convictions
1. The Court derived the phrase "high wall of separation between church and state" from...
a. Jefferson's letter to the Danbury Baptist Association
1. Roger Williams argues that strict separation between religious and political institutions
a. Protects the "garden of the church" from the "wilderness of the state"
1. At the time of the Founding, the phrase "establishment of religion" included...
a. So-called "ecumenical" establishments in which the state provides financial support to a variety of religions or denominations
1. The Supreme Court struck down state-authored school prayers in the case of:
a. Engel v. Vitale
1. The Lemon Test says the law's purpose must be neutral, the effect must be secular, and there can be no:
a. Excessive entanglement
1. In which case did the Court hold the following? All regulations that burden free exercise of religion must further a compelling government interest and use the least restrictive/narrowly-tailored means to achieve that interest.
a. Employment Division of Oregon v. Smith
1. In Employment Division v. Smith (1990), the Court held that...
a. The Free Exercise Clause merely requires that a law have secular purpose and be generally applicable
1. The Religious Freedom Restoration Act of 1993...
a. Mandated that all regulations that burden free exercise be scrutinized using the test articulated in Sherbert v. Verner
1. In Boerne v. Flores, the Court...
a. Held RFRA unconstitutional as applied to the states
1. In Everson, the Court claimed that the Establishment Clause erects a "high wall of separation" between church and state. It has since upheld all of the following forms of state aid to religion except...
a. Salary enhancements for teachers at private religious schools who teach secular subjects
1. In _____, the Court upheld a program that provided tuition vouchers to parents that many of them used to pay tuition at private religious schools.
a. Zebman v. Simmons-Harris