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American Government, 1/e
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15
Civil Liberties Policymaking
0
1
Which of the following constitutional provisions is the basis for the selective incorporation of the Bill of Rights to the states?
Due Process Clause of the Fourteenth Amendment
Equal Protection Clause of the Fourteenth Amendment
National Supremacy Clause
Commerce Clause
0
2
A constitutional right that is so important that government cannot restrict it unless it can demonstrate a compelling or overriding public interest for so doing is known as which of the following?
Civil liberties
Fundamental right
Probable cause
Test case
0
3
Which of the following forms of law takes priority over the other forms of law, assuming that they are in conflict?
Statutory law
Administrative law
Constitutional law
All forms of law are at the same level
0
4
In what part of the Constitution is the Establishment Clause found?
Fourteenth Amendment
Fifth Amendment
Third Amendment
First Amendment
0
5
Which of the following is an example of a controversy that might arise under the Establishment Clause?
A state provides financial assistance to church-related schools.
A public school asks a local clergyman to offer a prayer before graduation exercises.
A judge posts a copy of the Ten Commandments on the wall of her courtroom.
All of the above
0
6
Everson v. Board of Ewing Township dealt with which of the following controversies?
School prayer
State aid to religious schools
Right to privacy
Parental choice
0
7
Engel v. Vitale dealt with which of the following controversies?
School prayer
State aid to religious schools
Right to privacy
Parental choice
0
8
The principal of a public elementary school begins the school day by reciting a prayer over the school’s public address system. Several parents are offended by the prayer and go to court to ask a federal judge to order a halt to the practice. Assuming that the federal judge follows relevant precedents set by the U.S. Supreme Court, how will the judge decide?
The judge will rule that the principal is exercising her constitutional right to freedom of expression and that she can continue to offer the prayer.
The judge will rule that the principal is exercising her freedom of religion and that she can continue to offer the prayer.
The judge will rule that the principal is violating the rights of the students to exercise their freedom of religion and will order her to discontinue the prayer.
The judge will rule that the principal’s action constitutes a violation of the First Amendment prohibition against an establishment of religion and will order the principal to discontinue the prayer.
0
9
Employment Division v. Smith dealt with which of the following controversies?
Free exercise of religion
School prayer
Parental choice
Right to privacy
1
0
Can the government punish an individual because of something the individual said or published?
No. The Constitution guarantees freedom of expression.
Yes. But the government must have a reasonable basis for its action.
Yes. But the government must have an exceedingly persuasive reason for its action.
Yes. But the government must have a compelling interest in taking the action.
1
1
Three men throw open the door of a gay bar and begin throwing rocks at the patrons. One bar patron is seriously injured. After they are arrested, the men confess that they targeted the bar because they do not like homosexuals. This criminal activity could be considered an example of which of the following?
Probable cause
Exclusionary rule
Hate crime
Double jeopardy
1
2
Which of the following issues is most closely associated with a constitutional right to privacy?
Exclusionary rule
Abortion
School prayer
Flag burning
1
3
Roe v. Wade dealt with which of the following controversies?
Abortion
School prayer
Exclusionary rule
Hate crimes
1
4
Base your answer to the following questions on the most recent Supreme Court decisions. Under what, if any, circumstances can a state regulate abortion?
A state cannot regulate abortion because a woman has an absolute constitutional right to terminate a pregnancy.
A state cannot regulate abortion in the first trimester but it can impose reasonable restrictions in the later stages of pregnancy.
A state can regulate abortion as long as the regulations do not impose an “undue burden” on the woman’s right to choose.
A state can regulate abortion if it can demonstrate a compelling interest in the regulation.
1
5
The constitutional principle holding that government must follow fair and regular procedures in actions that could lead to an individual's suffering loss of life, liberty, or property is known as which of the following?
Exclusionary rule
Due process of law
Right to privacy
Probable cause
1
6
The police have obtained a warrant to search the house at 1115 Elm Street. They mistakenly enter and search the house at 1115 Oak Street where they discover a stash of illegal drugs. Which of the following defenses will the attorney for the resident of the Oak Street address most likely use to save his client?
The attorney will ask the judge to exclude the evidence based on the exclusionary rule.
The attorney will ask the judge to throw out the case because it would constitute double jeopardy.
The attorney will ask the judge to throw out the case because the occupant of the Oak Street address was not given his Miranda warnings.
The attorney will argue that the prosecution of his client would constitute cruel and unusual punishment.
1
7
The Miranda warning refers to which of the following?
The protection against double jeopardy
Informing individuals suspected of crimes of their constitutional rights, including the right to remain silent, etc.
The requirement that law enforcement officials have probable cause before searching a suspect
The right to counsel
1
8
A man accused of sexual assault is tried and acquitted. Subsequently, new evidence emerges which points toward the man’s guilt. Can the government try him again for the crime?
Yes, if it can demonstrate probable cause
No, because the exclusionary rule would prevent the new evidence from being admitted
No, because of the Double Jeopardy Clause
No, because it would constitute cruel and unusual punishment
1
9
Which of the following cases established that the constitutional guarantee of a right to counsel includes the requirement that the government provide representation for indigent criminal defendants?
Kansas v. Hendricks
Mapp v. Ohio
United States v. Ross
Gideon v. Wainwright
2
0
Furman v. Georgia and Gregg v. Georgia both dealt with which of the following issues?
Exclusionary rule
Abortion rights
Capital punishment
Right to counsel
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