POLS 155 - American Political Institutions » Fall 2021 » Chapter 3

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Question #1
Which of the following contemporary issues relates to the Fourth Amendment?
A.   abortion
B.   medical marijuana
C.   school prayer
D.   NSA surveillance
Question #2
Which amendment protects states’ rights?
A.   the Tenth Amendment
B.   the Eighth Amendment
C.   the First Amendment
D.   the Sixth Amendment
Question #3
Prior to the passage of the Bill of Rights, how many amendments were approved by Congress?
A.   50
B.   27
C.   12
D.   10
Question #4
For the first half of the nation’s history, the Bill of Rights protected citizens from which of the following?
A.   the national government
B.   local ordinances
C.   state governments
D.   the private sector
Question #5
The First Amendment protects which of the following liberties?
A.   the right to bear arms
B.   the right to due process of law
C.   freedom of religion
D.   freedom from unreasonable search and seizure
Question #6
Which of the following clauses in the First Amendment pertains to the freedom of religion?
A.   the Free Exercise Clause
B.   the Equal Protection Clause
C.   the Due Process Clause
D.   the Supremacy Clause
Question #7
The National Cathedral does not violate the First Amendment because it does not violate which of the following?
A.   the Lemon test
B.   the Necessary and Proper Clause
C.   the Establishment Clause
D.   the Free Exercise Clause
Question #8
Which of the following is a criterion of the Lemon test?
A.   The government action must result in government entanglement in religion.
B.   The government action must have the primary effect of inhibiting religion.
C.   The government action must further a compelling religious interest.
D.   The government action must have a secular legislative purpose.
Question #9
Which of the following criteria was violated in Lemon v. Kurtzman?
A.   The government action must further a compelling state interest.
B.   The government action may not result in excessive government entanglement in religion.
C.   The government action must have a secular legislative purpose.
D.   The government action may not have the primary effect of advancing or inhibiting religion.
Question #10
Why might the Supreme Court prohibit a religious practice?
A.   It may endanger human safety.
B.   The religion is unpopular.
C.   Congress has outlawed the entire religion.
D.   It is central to the faith.
Question #11
Which of the following falls into Stage 1 of the Sherbert test?
A.   Does the person have a claim involving any religious beliefs?
B.   Does the government action pose a substantial burden to the person’s ability to act on that belief?
C.   The government action furthers a “compelling state interest.”
D.   Does the government action have a secular legislative purpose?
Question #12
Which of the following is considered a well-protected form of speech?
A.   fighting words
B.   political speech
C.   obscenity
D.   defamation
Question #13
Which of the following is among the most important mid-20th-century limitations on the freedom of political speech?
A.   “revengeance” against the national government
B.   “clear and present danger”
C.   direct incitement
D.   defamation
Question #14
The Citizens United decision expanded the Supreme Court’s protection of free speech into which of the following arenas?
A.   political speech by members of the military
B.   political speech by individuals
C.   political speech by corporations
D.   political speech by foreign entities
Question #15
Which of the following forms of speech has the Supreme Court protected under the First Amendment?
A.   distributing leaflets urging military inductees to resist the draft
B.   falsely shouting “fire” in a crowded theater
C.   openly carrying guns as a form of protest
D.   burning the American flag
Question #16
What was the outcome of the Tinker case in 1969?
A.   The Court upheld schools’ right to limit student speech considered indecent.
B.   The Court struck down students’ constitutional right to free speech in school.
C.   The Court upheld students’ constitutional right to free speech in school.
D.   The Court declared the case moot because the students had already graduated.
Question #17
Until 1986, what was the guiding principle concerning the limits on student speech?
A.   Schools could limit only violent expression.
B.   Schools could limit only speech that was materially disruptive to school activities.
C.   Schools could limit only speech considered indecent or obscene.
D.   Schools could limit any speech that was disruptive to their educational mission.
Question #18
How did events such as Columbine and 9/11 affect federal court rulings concerning free speech for students?
A.   These events intensified efforts to protect students’ rights and civil liberties.
B.   These events raised skepticism about how well schools can monitor student expression.
C.   These events prompted a trend in the courts to restrict vulgar expression.
D.   These events led to renewed justification for restricting student speech.
Question #19
Which of the following is a gray area that Robert Richards identifies?
A.   whether public schools have the right to take proactive steps in restricting threats of violence
B.   how overtly students can reference religious figures in a public-school setting
C.   whether students have any protected constitutional rights when they enter school
D.   what types of student expression fall under the category of true threats of violence
Question #20
What kinds of student expression have schools been able to limit?
A.   hate speech and drug-related messages
B.   blasphemy and slang
C.   political speech and anti-government messages
D.   insults and slander
Question #21
According to Robert Richards, many cases in the future regarding student speech will primarily involve which of the following?
A.   the internet and web-based speech
B.   the right to use terms that are not politically correct
C.   T-shirts that promote cigarettes, drugs, or alcohol
D.   the right to protest outside a school building
Question #22
How many justices were in the majority and how many were in the minority in the Morse v. Frederick decision?
A.   six in the majority and three in the minority
B.   seven in the majority and two in the minority
C.   five in the majority and four in the minority
D.   The decision was unanimous.
Question #23
In Morse v. Frederick, what was the question at stake?
A.   Does making an offensive reference to Jesus in a public school violate the First Amendment right to freedom of religion?
B.   Does a violation of the First Amendment right to free speech occur when a public school suspends a student for wearing a black armband as an antiwar protest?
C.   Does forbidding an American citizen from publicly advocating drug use violate the First Amendment right to free speech?
D.   Does a violation of the First Amendment right to free speech occur when a public school suspends a student for displaying a banner that advocates drug use?
Question #24
According to Justice Roberts’s opinion, what compelling interest do schools have in this case?
A.   to ensure the security and safety of students on and off campus
B.   to deter children from drug use and minimize disruptions in school
C.   to protect students from unreasonable search and seizures
D.   to secure student rights established in the First Amendment
Question #25
What was the Supreme Court’s ruling in the Morse v. Frederick case?
A.   The Court upheld the school’s restrictions on student speech.
B.   The Court found that student speech rights are unlimited.
C.   The Court declared the case moot because the student had already graduated.
D.   The Court upheld the student’s right to display a political message.
Question #26
The Miller test is used as a standard to evaluate which form of speech?
A.   political speech
B.   defamation
C.   commercial speech
D.   obscenity
Question #27
According to the relevant Supreme Court standard, less-protected forms of speech are those that do which of the following?
A.   contribute to the public debate
B.   convey an intention to insult another person
C.   convey unsavory ideas through advertisements
D.   lack ideas that hold artistic or social value
Question #28
Which type of speech “inflicts injury or tends to incite an immediate breach of the peace”?
A.   fighting words
B.   slander
C.   defamation
D.   libel
Question #29
Which form of freedom of assembly has the Supreme Court consistently found to be worthy of protection?
A.   peaceful demonstrations in public spaces
B.   uncensored journalism
C.   workers’ strikes
D.   the formation of social clubs
Question #30
An attempt by the government to block material before publication is known as which of the following?
A.   prior restraint
B.   a gag order
C.   federal regulation
D.   a national security directive
Question #31
Why does the Second Amendment remain at the center of the gun control debate?
A.   Everyone agrees that the writing clearly allows for individual gun ownership.
B.   The language of the amendment has led to opposing interpretations.
C.   No federal laws have been passed to test the limits of the Second Amendment.
D.   The Court has yet to rule on the constitutionality of the amendment.
Question #32
The 1993 Brady Handgun Violence Prevention Act prohibits which of the following people from buying a gun?
A.   a man who already owns more than a hundred guns
B.   a woman who has been hospitalized with schizophrenia
C.   a person who has served time for a misdemeanor
D.   a naturalized citizen who resides in the United States
Question #33
What happened in the aftermath of the shootings that occurred at Sandy Hook Elementary School in late 2012?
A.   The FBI opened investigations into every American citizen with a history of mental illness.
B.   Congress did not renew the federal assault weapons ban.
C.   President Obama issued an executive order banning all sales of assault weapons in the United States.
D.   The NRA issued a public apology for previously supporting the right to own automatic weapons.
Question #34
What did Justice Alito argue in the majority decision he wrote for the Supreme Court’s ruling in the case of McDonald v. City of Chicago?
A.   that every citizen has the right to form or join a militia
B.   that the Second Amendment should only ever apply to the federal government
C.   that the Second Amendment should be applied to the states
D.   that the federal assault weapons ban is unconstitutional
Question #35
What happened in the aftermath of the February 14, 2018, school shooting in Parkland, Florida?
A.   President Trump issued an executive order requiring a mandatory three-day waiting period for all firearms in the United States.
B.   The NRA issued a public statement reversing its stance on mandatory waiting periods.
C.   Several states enacted laws or executive orders to reform gun control in their states.
D.   The U.S. Congress immediately passed a law banning the sale or possession of bump stocks.
Question #36
The Fourth Amendment protects citizens from which of the following?
A.   incarceration without conviction
B.   cruel and unusual punishment
C.   illegal examination and confiscation of property
D.   facing trial without legal counsel
Question #37
Which of the following might be considered an “exigent circumstance”?
A.   an item viewed by aerial surveillance
B.   a threat to an individual’s safety
C.   a sobriety checkpoint
D.   an officer acting in good faith
Question #38
Which of the following refers to the situation in which an otherwise invalid warrant is considered valid if the officer believed they were acting within the boundaries of the law?
A.   an in-plain-view incident
B.   an unusual conduct exception
C.   a good-faith exception
D.   improper search and seizure
Question #39
Which of the following laws has had the greatest implications for Fourth Amendment rights?
A.   the No Child Left Behind Act
B.   the Emergency Economic Stabilization Act
C.   the Patriot Act
D.   the Affordable Care Act
Question #40
The Fifth Amendment includes which of the following under its protections?
A.   the right to be confronted by accusing witnesses
B.   protection against unlawful search and seizure
C.   protection against self-incrimination
D.   the right to a speedy trial
Question #41
What does it mean to say that the Fifth Amendment protects citizens against double jeopardy?
A.   A citizen cannot vote after being convicted of a federal crime.
B.   A citizen cannot be tried without a court-appointed lawyer.
C.   A citizen cannot be tried for a crime without an eyewitness.
D.   A citizen cannot be tried twice for the same crime.
Question #42
Which of the following rights is guaranteed to the criminally accused by the Sixth Amendment?
A.   the right against double jeopardy
B.   the right against cruel and unusual punishment
C.   the right to an impartial jury
D.   the right against self-incrimination
Question #43
Which of the following reflects a change in the interpretation of the Sixth Amendment from the past 50 years?
A.   Jury pools are allowed to exclude Black people when appropriate.
B.   A jury “of one’s peers” generally means a jury of White men.
C.   Poor defendants in felony cases are now provided counsel by the state.
D.   Jury pools are allowed to exclude females when appropriate.
Question #44
The Eighth Amendment and the Court’s interpretation of it protect the criminally accused from which of the following?
A.   a delayed trial
B.   a biased jury
C.   conviction without due process
D.   excessive bail
Question #45
Which of the following represents an accurate statement regarding the death penalty?
A.   Several states have placed a moratorium on the death penalty.
B.   Execution by burning remains legal upon the defendant’s request.
C.   The death penalty has been virtually outlawed in all states.
D.   All execution methods are acceptable, depending on state law.
Question #46
  
A.   Americans being subject to both British and U.S. laws
B.   Americans being subject to both state and national protections
C.   the incorporation of state laws into the Bill of Rights
D.   agreements between state and national religious establishments
Question #47
What was the first provision of the Bill of Rights that the Supreme Court applied to the states?
A.   income taxes
B.   freedom of speech
C.   the death penalty
D.   freedom of religion
Question #48
The 14th Amendment did which of the following?
A.   established the separation of church and state
B.   began the process of incorporation
C.   reversed dual citizenship
D.   abolished slavery
Question #49
Which of the following is an accurate statement regarding the freedom of religion?
A.   Every state has its own constitutional amendment protecting the freedom of religion.
B.   Massachusetts allowed full freedom of religion upon its founding.
C.   Americans were not always protected from state infringement on freedom of religion.
D.   Rhode Island has not always observed the separation of church and state.
Question #50
Which civil liberty was the most recent to be incorporated (i.e., applied to the states) by the Supreme Court?
A.   free exercise of religion
B.   no double jeopardy
C.   the right to a public trial
D.   protection from excessive fines
Question #51
Which of the following rights has not yet been incorporated?
A.   the right to a jury trial in a civil case
B.   no double jeopardy
C.   no confiscation of property without just compensation
D.   the right to a public trial
Question #52
When did the Court establish the trimester system to structure a woman’s rights during pregnancy?
A.   Webster v. Reproductive Health Services (1989)
B.   Griswold v. Connecticut (1965)
C.   Roe v. Wade (1973)
D.   Planned Parenthood v. Casey (1992)
Question #53
In which of the following cases did the Supreme Court clarify the restrictions that states may impose on abortion?
A.   Webster v. Reproductive Health Services
B.   Roe v. Wade
C.   None—states may not impose any restrictions on abortion.
D.   Griswold v. Connecticut
Question #54
The Supreme Court’s ruling in Bowers v. Hardwick did which of the following?
A.   prohibited sodomy in all states
B.   extended the right to privacy to sexual conduct between consenting adults of the same sex
C.   found that states could restrict sexual activity unrelated to procreation
D.   legalized same-sex marriage
Question #55
What was the Court’s ruling in Lawrence v. Texas?
A.   It extended federal marriage benefits to same-sex couples legally married in certain states.
B.   It reaffirmed the decision in Bowers v. Hardwick.
C.   It extended the right to privacy to sexual conduct between consenting adults of the same sex.
D.   It legalized same-sex marriage in Texas.
Question #56
According to Justice Douglas, where is the right to privacy found in the Constitution?
A.   The right to privacy is found in the Fourth Amendment to the U.S. Constitution.
B.   The right to privacy has no relationship to the Constitution whatsoever.
C.   The right to privacy is found in Article V of the U.S. Constitution.
D.   The right to privacy is found in the “penumbras” of the Bill of Rights.
Question #57
In which case did the Supreme Court first mention the right to privacy?
A.   Poe v. Ullman
B.   Griswold v. Connecticut
C.   Obergefell v. Hodges
D.   Tileston v. Ullman
Question #58
Griswold and Buxton argued that the Connecticut law infringed on which constitutional principle?
A.   prohibition against the quartering of soldiers
B.   protection against unreasonable searches and seizures
C.   the right to due process
D.   prohibition against self-incrimination
Question #59
According to the article, which of the following amendments served as the basis for Justice Goldberg’s opinion in the Griswold case?
A.   the Fourth Amendment
B.   the Third Amendment
C.   the Ninth Amendment
D.   the Fifth Amendment
Question #60
The Supreme Court cases discussed in Iannacci’s article applied the right to privacy to which of the following aspects of life?
A.   personal property and internet activity
B.   academic grades and criminal records
C.   reproductive choices and sexual activity
D.   communications and political affiliation
Question #61
What does Justice Kennedy write in the opening paragraph regarding the Constitution and liberty?
A.   The Constitution promises liberty to all within its reach, including rights that allow persons to define and express their identity.
B.   The Constitution provides no guarantee of liberty, especially when exercise of that liberty offends societal and ethical conventions.
C.   The Constitution makes no promise of liberty to protect self-expression that runs counter to state interests or historical norms.
D.   The Constitution provides liberty to every law-abiding citizen, a liberty that extends to personal property and private association.
Question #62
According to Justice Kennedy’s first paragraph, what does liberty have to do with a person’s right to marry whomever they choose?
A.   Because the right to privacy is not mentioned in the Constitution, personal liberty does not involve the state-sanctioned institution of marriage.
B.   Because the constitutional right to privacy has traditionally been interpreted to apply to reproductive issues, liberty in this case can be invoked only by heterosexual couples.
C.   The petitioners in the case seek to exercise their constitutional right to religious liberty by protecting marriage as an institution involving one man and one woman.
D.   The petitioners in the case seek to exercise their constitutional liberty by marrying someone of the same sex and having that marriage recognized as equal to heterosexual marriage.
Question #63
What happened to James Obergefell that led his case to be heard by the U.S. Supreme Court?
A.   Obergefell was licensed to perform weddings, but he was arrested for officiating a same-sex wedding in Ohio, where gay marriage was illegal. Thus he felt that his constitutional right to religious liberty had been violated, and he sued the state of Ohio.
B.   Obergefell was engaged in consensual sexual activity with another man, but he was arrested for violating Ohio state laws against sodomy. Thus he could not enjoy the same privacy rights as heterosexual couples and had his personal reputation destroyed.
C.   Obergefell legally married another man in Massachusetts, but his home state of Vermont did not recognize the marriage and did not allow him and his spouse to file jointly on his tax return. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and had to pay twice as much in taxes.
D.   Obergefell married his partner in Maryland, where same-sex marriage was legal, but they resided in Ohio, where it was not. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and was not listed on his spouse’s death certificate.
Question #64
According to Justice Kennedy’s reasoning, what is the relationship between the right of same-sex couples to marry and the 14th Amendment?
A.   The 14th Amendment legitimizes same-sex relationships by decriminalizing sodomy.
B.   The 14th Amendment promises liberty and equal protection.
C.   The 14th Amendment protects consensual relationships.
D.   The 14th Amendment requires states to provide equal benefits to all citizens regardless of marital status.
Question #65
What is the interlocking nature of the Due Process Clause and the Equal Protection Clause when it comes to gay rights, according to Kennedy?
A.   Gay rights involve certain principles of liberty and equality (to engage in intimate sexual conduct) but not all principles of liberty and equality (to adopt children in any state).
B.   Gay rights involve principles of liberty (to engage in intimate sexual conduct in the privacy of the home), but they do not necessarily involve principles of equality (to enjoy all the benefits of heterosexual couples), because marriage is for the purpose of procreation.
C.   Gay rights involve both principles of liberty (to engage in intimate sexual conduct in the privacy of the home) and principles of equality (to enjoy the same benefits afforded to heterosexual couples).
D.   The Due Process Clause and the Equal Protection Clause, taken together, require the state to allow consensual homosexual partnerships, but they do not necessarily require the state to list heterosexual spouses on death certificates.
Question #66
How does Kennedy invoke the right to dignity in the closing lines of the opinion?
A.   He suggests that any couples choosing not to marry should be given the same legal rights as married couples, whether heterosexual or homosexual.
B.   He suggests that gay couples are asking for the right to choose whom to love, to marry out of that love, and to find equal recognition for that marriage by the state.
C.   He suggests that gay couples should treat with dignity the state’s vested interest in supporting life through procreation by heterosexual married couples.
D.   He does not invoke the right to equal dignity.
Question #67
Oregon’s Death with Dignity Act does which of the following?
A.   allows a physician to perform euthanasia to end a patient’s life
B.   allows physicians to prescribe lethal medication to terminally ill patients
C.   requires the use of Do Not Resuscitate forms in all Oregon hospitals
D.   outlaws assisted suicide in Oregon
Question #68
The Supreme Court’s rulings on the right to die tend toward which of the following?
A.   expanding the right to die to all states
B.   allowing the U.S. attorney general to regulate a greater degree of medical care involving controlled substances
C.   giving physicians greater leeway in both prescribing and administering lethal medications for terminally ill patients
D.   supporting the autonomy of states in the area of physician-assisted suicide

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