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Constitutional Law
Q:
The Heller decision has had a sweeping impact on gun control laws across the United States.
a. True
b. False
Q:
The Supreme Court ruling in McDonald v. Chicago prevents state and local governments from passing gun laws.
a. True
b. False
Q:
Research has found little evidence that increased in the number of citizens with concealed handgun permits reduce or increase rates of violent crime.
a. True
b. False
Q:
The number of antigovernment "Patriot" groups has been declining in recent years.
a. True
b. False
Q:
The Second Amendment was drafted in a time when fear of tyranny from a strong central government was very strong.
a. True
b. False
Q:
United States v. Miller (1939) was a critical case because the court recognized an individual rather than a state right to bear arms.
a. True
b. False
Q:
The central controversy over the Second Amendment is whether people have a right to bear arms as individuals rather than only as part of a militia.
a. True
b. False
Q:
Until recently, courts throughout history:a. have consistently rejected the individual rights view in favor of the states' rights interpretation.b. have consistently rejected the states' rights view in favor of the individual rights interpretation.c. rendered early decisions that favored the individual rights perspective but, since the 1970s, have progressively inclined more toward the states' rights perspective.d. have continuously vacillated between the individual and states' rights perspectives, depending on the liberal or conservative orientation of the Supreme Court.
Q:
Justice Scalia noted that "the right...is not unlimited...Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places...or laws imposing conditions and qualifications on the commercial sale of arms" in:
a. United States v. Miller
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Q:
In District of Columbia v. Heller, the Supreme Court noted that the Second Amendment ________'s text and history demonstrate that it connotes an individual right to keep and bear arms.a. operative clauseb. prefatory clausec. sunset claused. demurrer
Q:
United States v. Miller (1939):a. is the case that set the precedent for the dozens of cases the Supreme Court hears every year concerning the issue of an individual's right to bear arms.b. is a relatively insignificant case in the interpretation of Second Amendment rights.c. was the first Supreme Court case that specifically addressed the scope of the Second Amendment.d. is the basis upon which Congress passes federal gun control legislation.
Q:
The Supreme Court held that the right to keep and bear arms is fundamental to our scheme of ordered liberty and that it was clear that the framers of the Fourteenth Amendment deemed such a right as fundamental in:
a. McDonald v. Chicago
b. District of Columbia v. Heller
c. Presser v. Illinois
d. Stevens v. United States
Q:
In 2012, a group accused of killing two people was planning to poison the apple crop of Washington State, attacking a damn and assassinating the President before their arrests. These people were tied to:
a. a Muslim terrorist group.
b. Al Quada.
c. the Branch Davidians.
d. a Georgia antigovernment militia.
Q:
If members of the militia were called to service, they were to bring:a. only their own arms. Ammunition was supplied by the government. b. only their own ammunition. Arms were supplied by the government. c. their own arms and ammunition.d. nothing-the government supplied both arms and ammunition.
Q:
The Brady Act does not prohibit:
a. states from enacting longer waiting periods on firearms purchases.
b. instant, computerized background checks.
c. illegal aliens from purchasing firearms.
d. those dishonorably discharged from military service from purchasing firearms.
Q:
The purpose of the Brady Act is to:
a. limit the number of firearms on American streets at any given time.
b. prevent prohibited persons from obtaining handguns.
c. ensure that those obtaining firearms receive training in proper use and storage of their weapon(s).
d. prevent accidental injury or death by firearms.
Q:
Congress' power "to provide for the calling forth of the Militia to execute the laws of the Union" was granted by:
a. United States v. Cruikshank
b. Article I, Section 8 of the Constitution
c. The Third Amendment
d. The Omnibus Crime Control and Safe Streets Act
Q:
The Law Enforcement Officers Safety Act of 2004, which allows off-duty officers and retired officers to carry concealed weapons throughout the country:a. was ruled unconstitutional in U.S. v. Miller.b. was strongly supported by the International Association of Chiefs of Police. c. was strongly opposed by the International Association of Chiefs of Police. d. provides for nationwide standards of use-of-force and firearms training.
Q:
Which of the following gives a person the legal right to use deadly force to defend that place, and any other innocent persons legally inside it, from violent attack or an intrusion that may lead to violent attack?
a. The Fourth Amendment
b. The Brady Act
c. Castle laws
d. The Second Amendment
Q:
Gun control opponents claim that gun control:
a. will prevent needless deaths and lower crime.
b. removes the role of local legislative bodies to be involved in the process.
c. will only put guns in the hands of criminals.
d. will force law-abiding citizens to seek alternate means of protection.
Q:
In the Heller decision, the Supreme Court specifically refrained from voicing an opinion on whether the Second Amendment applied to:a. illegal immigrants.b. the states.c. private individuals.d. certain misdemeanants.
Q:
The Supreme Court stated that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia in:a. United States v. Millerb. District of Columbia v. Hellerc. Presser v. Illinoisd. Stevens v. United States
Q:
In United States v. Emerson (1999), U.S. District Judge Sam R. Cummings:a. placed a temporary moratorium on the purchase of small-caliber firearms pending results of a study by the Center to Prevent Handgun Violence.b. upheld a lower court's ruling that a convicted felon should not be allowed to possess firearms.c. handed down a landmark decision that permits specially trained and licensed individuals to carry concealed weapons.d. went against all federal court precedent and restored a domestic abuser's firearms, citing the Second Amendment as guaranteeing the individual's right to keep and bear arms.
Q:
The Supreme Court held that "the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of selfdefense" in:a. Adams v. Williamsb. Presser v. Illinoisc. McDonald v. Chicagod. U.S. v. Lopez
Q:
During the colonial period and the earliest years of the country, a permanent army was not possible due to:
a. lack of citizen interest.
b. a shortage of weapons.
c. lack of funding and personnel, and organizational challenges.
d. intense pressure from British authorities to cease and desist from such militarization.
Q:
States' rights proponents asserted that:
a. everyone in the state has a right to keep and bear arms.
b. gun control should not be the business of federal government.
c. the Second Amendment was adopted with the primary purpose of preserving the state militia.
d. gun control laws protect and modify Article 8, Section 23 of the Constitution, allowing the president to declare war on other nations.
Q:
During the colonial period, the militia was considered to be:
a. the Continental Army.
b. enlisted Minutemen.
c. the entire male populace of a state.
d. the entire national population.
Q:
In United States v. Lopez (1995), the U.S. Supreme Court:
a. affirmed the constitutionality of the Gun-Free School Zones Act.
b. struck down the Gun-Free School Zones Act as being unrelated to interstate commerce and, therefore, unconstitutional.
c. upheld a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in repetition.
d. struck down a municipal ordinance banning all handguns, shotguns with barrels less than 18 inches and guns firing more than eight shots in repetition.
Q:
Individual rights proponents claim that:
a. only military and law enforcement personnel have a right to possess firearms.
b. citizens should be permitted to possess only a single, individual weapon, not an entire arsenal.
c. the framers of the Constitution intended to preserve individual rights above state rights.
d. during national emergencies, individuals should be allowed to choose whether they want to keep and bear arms to help defend the country.
Q:
The law banning the manufacturing of 19 different semiautomatic guns with multiple assault-weapon features is the:
a. Violent Crime Control and Law Enforcement Act of 1994.
b. Brady Act.
c. Omnibus Crime Control and Safe Streets Act.
d. Federal Firearms Act.
Q:
To date, federal courts have held that the Constitution:a. guarantees the absolute right of any American citizen to keep and bear arms.b. still does not guarantee an absolute right to keep and bear arms. c. is irrelevant in issues concerning private possession of firearms. d. the federal courts have not addressed the Second Amendment.
Q:
Which of the following is not one of the disqualifying criteria under federal gun control laws?
a. Fugitive
b. Drug user
c. On terrorism watch list
d. Convicted felon
Q:
The first notable case involving the Second Amendment was the 1875 decision in:
a. Presser v. Illinois.
b. United States v. Miller.
c. United States v. Cruikshank.
d. Stevens v. United States.
Q:
The central controversy of the Second Amendment has been whether:
a. the government should be involved in regulating the militia.
b. the militia should consist of professional soldiers or volunteers.
c. people have a right to bear arms as individuals rather than only as part of a militia.
d. arms are necessary for the proper functioning of a militia.
Q:
Overall number of "patriot" groups has risen from 149 in 2008 to ________in 2012.
a. 450
b. 1360
c. 1000
d. 1800
Q:
A critical question regarding the interpretation of the Second Amendment is the definition of:
a. people.
b. a militia.
c. arms.
d. well-regulated.
Q:
In _______, a federal circuit court ruled in Stevens v. United States that there was no express Constitutional right of an individual to keep and bear arms.
a. 1801
b. 1871
c. 1921
d. 1971
Q:
A student at a local high school insists on wearing a T-Shirt, some say advocates white supremacy ideologies, in a predominantly African-American school. Using the preferred freedoms approach, convince the school board to allow the student to wear the shirt to class.
Q:
A group of women who are mothers of young children killed by handguns has decided to protest. The local police chief refuses to enforce any gun control or gun violence legislation in her county, because she feels it won't work and infringes on the Second Amendment. The women's group decides they will protest at an upcoming policeman's funeral. Do you think that the protesters should be subject to arrest? Why or why not?
Q:
A young man told a few people that he had served in Afghanistan and was awarded the Silver Star. Unfortunately, one of these people told a newspaper reporter that she suspected he was being untruthful and the young man found himself on the cover of the newspaper with the headline, "Liar!" The local prosecutor intends to prosecute your client under a law forbidding lying about military service. Everyone in town is angry about the case. This young man has come into your legal office asking you to represent him. He has been rejected by many attorneys in town.
Would you take the case? Why or why not?
Q:
You represent a famous journalist who has been incarcerated for failure to disclose a confidential source to a prosecutor working on a murder case in your town. The prosecutor insists she needs all available information to convict a loathsome murderer. How would you argue to the judge that your client should not be imprisoned?
Q:
Should prisoners have the same rights under the First Amendment as law abiding citizens? Why or why not?
Q:
The "clear and present danger test"a. is used to test when speech should not be protected by the First Amendment. b. has been replaced by the "imminent lawless action" test.c. involves Constitutional cases involving foreign countries. d. demands obedience to the government.
Q:
In the City of Ladue v. Gilleo, the Supreme Court found that _________involve free speech protections.a. nude dancingb. campaign ads c. yard signsd. bumper stickers
Q:
The Supreme Court in R.A.V. v. City of St. Paul found that burning a cross wasa. a hate crime.b. subject to First Amendment protection. c. unconstitutional.d. none of the above.
Q:
In Barnes v. Glen Theater, it was found that nude dancing a. enjoyed some First Amendment protection.b. laws were subject to a strict scrutiny test. c. had no First Amendment protections.d. constituted obscenity.
Q:
The case of Texas v. Johnson found that _________was protected speech.a. burning the United States flagb. burning a crossc. burning a draft card d. shouting at a judge
Q:
A form of speech that expresses an idea or emotion without the use of words is known as____________.
Q:
Freedom of speech is subject to the legal standard of ______ in which the state must establish it has a compelling government interest that justifies the law impacting it.
Q:
The Supreme Court has consistently held that ______ may not be prohibited simply because some find it offensive.
Q:
Lynch v. Donnelly dealt with issues involving the ___________Clause of the United States Constitution.
Q:
_________ championed the theory that government and religion need not, and in fact cannot, be completely separated.
Q:
Van Orden v. Perry and McCreary County v. ACLU were similar cases dealing with the Establishment Clause in 2004, but yielded vastly different rulings. a. Trueb. False
Q:
Everson v. Board of Education made the separation of church and state, as well as the Establishment Clause, applicable to the states.
a. True
b. False
Q:
Conscientious objection to military service based on religious beliefs is not a constitutional issue since everyone has a duty to serve their country.
a. True
b. False
Q:
Religious freedom includes the freedom to print instructional materials to train religious teachers and to organize religious schools.
a. True
b. False
Q:
Freedom of the press is the first right set forth in the Bill of Rights because of the suppression of newspapers in the early American colonies.
a. True
b. False
Q:
Why is Snyder v. Phelps (2012) an important First Amendment case?
Q:
Discuss how protestors are protected and restricted by the First Amendment.
Q:
Discuss the evolution of the "imminent lawless action" test.
Q:
Discuss the constitutionality of flag burning. Explain your feelings about this symbolic act and whether it should be constitutionally protected.
Q:
Discuss the delicate balance being struck by the Court in achieving the separation of church and state in schools.
Q:
Rank the four basic freedoms guaranteed by the First Amendment in descending order of importance to you, then explain why you rank them as you do.
Q:
Historically, freedom of the press has been attached to the general concept of ________.
Q:
The free exercise of religion involves both the freedom to believe and the freedom to _________.
Q:
Balancing society's need for law and order and for effective law enforcement against the _____________of individuals is known as the balancing test.
Q:
The constitutionality of prison regulations that restrict prisoners' First Amendment rights are judged by using a ___________test.
Q:
No rights are absolute, so government can regulate them when _________outweigh those of the individual.
Q:
In determining when speech should not be protected, the courts replaced the clear and present danger test with the __________test.
Q:
In upholding the free speech right of anonymous pamphleteering, the Supreme Court held that "Anonymity is a shield from the tyranny of the ___________."
Q:
The Religious Freedom Restoration Act of 1993 was declared ________by the Supreme Court.
Q:
The First Amendment provision that prohibits the government from creating a national church is the _________clause.
Q:
Government's restriction of the press through use of prior restraint is rare in the United States and most other democratic countries.a. Trueb. False
Q:
In Virginia v. Black (2003), the Supreme Court held that a law banning cross burning as a hate crime itself is unconstitutional because the law presumes hate is the purposewithout more evidence, cross burning is deemed a protected form of speech.
a. True
b. False
Q:
The court has no duty to protect those who come before it from undue adverse publicity.
a. True
b. False
Q:
In the 1999 case of Chicago v. Morales, the Supreme Court upheld an "antiloitering" ordinance, stating that the definition of illegal loitering as "to remain in any one place with no apparent purpose" was not unconstitutionally vague.
a. True
b. False
Q:
Any officer who speaks in public on an employment matter is not protected by the First Amendment.
a. True
b. False
Q:
The United States has been a model of religious tolerance throughout history.
a. True
b. False
Q:
The Supreme Court has ruled that Americans have a free-speech right to pass out anonymous political pamphlets.
a. True
b. False
Q:
The Supreme Court has ruled that states cannot require children to pledge allegiance to the United States each day.
a. True
b. False