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Constitutional Law
Q:
According to Justice Harlan's concurrence in Katz v. United States (1967), the protections of the Fourth Amendment extend to any place or thing in which an individual has a
a. specific property interest.
b. reasonable expectation of privacy.
c. subjective desire to remain private.
d. None of the above.
Q:
In Olmstead v. United States (1928), the Supreme court took a __________ view of the scope of the Fourth Amendment.
a. liberal
b. strict
c. noninterpretivist
d. libertarian
Q:
In 1761, ___________ reviled the _______________ as "the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that was ever found in an English law book."
a. John Adams; writ of habeas corpus
b. John Hancock; Stamp Act
c. James Monroe; general warrant
d. James Otis; Writs of Assistance
Q:
The Supreme Court has NOT said which of these accepted justifications for warrantless searches are constitutionally valid.
a. Plain view
b. Hot pursuit
c. Emergency searches
d. None of the above is true.
Q:
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)
Q:
In____________, the Supreme Court upheld the controversial police practice of boarding interstate buses in big-city terminals, approaching persons matching a drug courier profile,and asking them for permission to search their belongings.
a. United States v. Matlock (1974)
b. Florida v. Bostick (1991)
c. Ohio v. Robinette (1996)
d. Georgia v. Randolph (2006)
Q:
In__________, the Court ruled unanimously that states may not create a blanket "drug exception" to the requirement that police officers knock and announce prior to executing a search warrant.
a. Alabama v. White (1990)
b.Wilson v. Arkansas (1995)
c. Richards v. Wisconsin (1997)
d. Hudson v. Michigan (2006)
Q:
According to the Court's decision in____________, officers have probable cause when "the facts and circumstances within their knowledge, and of which they had reasonably trustworthy information, [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed."
a.Stanford v. Texas (1965)
b. Coolidge v. New Hampshire (1971)
c. Brinegar v. United States (1949)
d. Illinois v. Gates (1983)
Q:
Which Justice wrote the Court's opinion in Zelman v. Simmons-Harris (2002)?
a. Clarence Thomas
b. William Rehnquist
c. John Paul Stevens
d. Stephen Breyer
Q:
Which Justice wrote the Court's opinion in Walz v. Tax Commission (1970)?
a. Warren E. Burger
b. William O. Douglas
c. John Paul Stevens
d. Hugo Black
Q:
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)
Q:
In ___________, the Court held unconstitutional the practice of inviting a member of the clergy to deliver a nonsectarian prayer at a public school graduation ceremony.
a. Stone v. Graham (1980)
b. Wallace v. Jaffree (1985)
c. Lee v. Weisman (1992)
d. Santa Fe Independent School District v. Doe (2000)
Q:
In ___________, the Court struck down a New York City program that used federal funds to supplement the salaries of public school teachers who taught remedial courses on the premises of religious schools.
a. Lemon v. Kurtzman (1971)
b. Aguilar v. Felton (1985)
c. City of Boerne v. Flores (1997)
d. Gonzales v. O Centro Espirita (2006)
Q:
In ____________, the Supreme Court upheld a New York statute requiring local public school districts to lend textbooks on secular subjects to students in private and parochial schools.
a. Everson v. Board of Education (1947)
b. Board of Education v. Allen (1968)
c. Lemon v. Kurtzman (1971)
d. Zorach v. Clauson (1952)
Q:
In ______________, the Court upheld a state policy under which public school students who received parental permission left campus to attend religious services while other students attended study hall.
a. Everson v. Board of Education (1947)
b. Board of Education v. Allen (1968)
c. Lemon v. Kurtzman (1971)
d. Zorach v. Clauson (1952)
Q:
In________________________,the federal government was barred from enforcing the Controlled Substances Act because doing so would offend RFRA.
a. Reynolds v. United States (1879)
b. Employment Division v. Smith (1990)
c. City of Boerne v. Flores (1997)
d. Gonzales v. O Centro Espirita (2006)
Q:
Negative public reaction to the Court's decision in which case convinced a majority in Congress to pass the Religious Freedom Restoration Act?
a. Reynolds v. United States (1879)
b. Employment Division v. Smith (1990)
c. City of Boerne v. Flores (1997)
d. Gonzales v. O Centro Espirita (2006)
Q:
The Supreme Court declared the Religious Freedom Restoration Act unconstitutional in which of these cases?
a. Reynolds v. United States (1879)
b. Employment Division v. Smith (1990)
c. City of Boerne v. Flores (1997)
d. Gonzales v. O Centro Espirita (2006)
Q:
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.
Q:
In ______________, the Supreme Court upheld a New York statute requiring local public school districts to lend textbooks on secular subjects to students in private and parochial schools based on the child benefit theory.
a. Board of Education v. Allen (1968)
b. Meek v. Pittenger (1975)
c. Everson v. Board of Education (1947)
d. None of the above is true.
Q:
The Supreme Court has adopted _____________ metaphor of a "wall of separation between church and state" as capturing the essential meaning of the Establishment Clause.
a. James Madison's
b. Thomas Jefferson's
c. Alexander Hamilton's
d. None of the above is true.
Q:
In ______________, the Supreme Court upheld a child labor law that prohibited boys under the age of 12 and girls under the age of 18 from selling newspapers on the street against an attack based on the Free Exercise Clause.
a. Wisconsin v. Yoder (1972)
b. Minnesota v. Hershberger (1990)
c. Meyer v. Nebraska (1923)
d. Prince v. Massachusetts (1944)
Q:
In _______________, the Supreme Court upheld an Air Force dress code requirement against the challenge of an Orthodox Jew who was disciplined for wearing a yarmulke while in uniform. Stressing the need for discipline and uniformity in the military, the Court rejected the challenge.
a. Rostker v. Goldberg (1981)
b. Goldman v. Weinberger (1986)
c. United States v. Bland (1931)
d. None of the above is true.
Q:
In _____________, the Supreme Court said that freedom of religion is a fundamental right that could be abridged only if necessary to protect a compelling government interest.
a. Hobbie v. Unemployment Appeals Division (1987)
b.Thomas v. Review Board (1981)
c. Sherbert v. Verner (1963)
d. None of the above is true.
Q:
Chief Justice ____________ once wrote, ""¦as a law of the organization of society under the exclusive dominion of the United States, it is provided that plural marriages shall not be allowed. Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances."
a. Morrison R. Waite
b. Melville Fuller
c. Edward Douglass White
d. None of the above is true.
Q:
In ____________, the Supreme Court upheld application of the federal antipolygamy statute to a Mormon who claimed it was his religious duty to have several wives.
a. Douglas v. City of Jeanette (1943)
b. Reynolds v. United States (1879)
c. Torcaso v. Watkins (1961)
d. None of the above is true.
Q:
In ______________, a case involving members of the Jehovah's Witnesses, the Supreme Court held unconstitutional a city council's denial of a permit to the Jehovah's Witnesses to use the city park for a public meeting.
a. Brown v. Pena (1977)
b. Cantwell v. Connecticut (1940)
c. Niemotko v. Maryland (1951)
d. None of the above is true.
Q:
In _____________, the Supreme Court held that police could not prohibit members of the Jehovah's Witnesses from peaceable and orderly proselytizing on Sundays merely because other citizens complained.
a. Douglas v. City of Jeanette (1943)
b. Torcaso v. Watkins (1961)
c. Brown v. Pena (1977)
d. Cantwell v. Connecticut (1940)
Q:
In _______________, the Court struck down a state law that prohibited door-to-door solicitation for any religious or charitable cause without prior approval of a state agency.
a. McDaniel v. Paty (1978)
b. Torcaso v. Watkins (1961)
c. Brown v. Pena (1977)
d. Cantwell v. Connecticut (1940)
Q:
In _____________, the Court unanimously struck down a Maryland constitutional provision requiring persons seeking public office to take an oath declaring their belief in God.
a. McDaniel v. Paty (1978)
b. Torcaso v. Watkins (1961)
c. Brown v. Pena (1977)
d. Cantwell v. Connecticut (1940)
Q:
In Davis v. Beason (1890), Justice ___________ stated that "the term "˜religion" has reference to one's view of his relations to his Creator, and to the obligations they impose of reverence for His being and character, and obedience to His will."
a. Salmon P. Chase
b. John Marshall Harlan
c. William Day
d. Stephen J. Field
Q:
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
Q:
Which of the following members of the Supreme Court was most clearly identified with the view that governmental policies should accommodate religious practices?
a. Hugo Black
b. Robert Jackson
c. William Brennan
d. Warren Burger
Q:
In Employment Division v. Smith (1990) the Court rejected Smith's claim that the free exercise of religion included his
a. ritualistic use of peyote.
b. right to practice polygamy.
c. burning of the Bible as a form of protest against Christian fundamentalism.
d. choice not to disclose his social security number to his employer.
Q:
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.
Q:
To pass the Lemon test, a law must, among other things, have a
a. negative impact on organized religion.
b. pro-religious slant.
c. secular legislative purpose.
d. tendency to promote and advance the expression of religious beliefs.
Q:
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
Q:
The "__________" theory articulated in Everson v. Board of Education (1947) has, for the most part, been maintained by the Supreme Court.
a. strict neutrality
b. cultural diversity
c. child benefit
d. None of the above is true.
Q:
In Zorach v. Clauson (1952), Justice ________________ wrote: "We are a people whose institutions presuppose a Supreme Being."
a. William O. Douglas
b. Robert Jackson
c. Felix Frankfurter
d. Hugo Black
Q:
In ___________________, the Supreme Court held that private educational institutions that practiced racial discrimination could be denied their federal income tax exemptions by the Internal Revenue Service.
a. Mueller v. Allen (1983)
b. Bob Jones University v. United States (1983)
c. Widmar v. Vincent (1981)
d. Lynch v. Donnelly (1984)
Q:
In Epperson v. Arkansas (1968), the Supreme Court asserted that a state could not prevent its teachers from discussing the theory of ____________.
a. creationism
b. evolution
c. social Darwinism
d. racial superiority
Q:
Justice _________________ was the lone dissenter in Engel v. Vitale, the famous school prayer decision of 1962.
a. Felix Frankfurter
b. Potter Stewart
c. Thurgood Marshall
d. Earl Warren
Q:
In 1985, Justice ____________ wrote an opinion dissenting from the entire thrust of the modern Supreme Court's Establishment Clause jurisprudence.
a. Harry Blackmun
b. John P. Stevens
c. Byron White
d. William Brennan
Q:
In Board of Education v. Allen (1968), the Supreme Court upheld a New York statute requiring local public school districts to _____________ to students in private and parochial schools.
a. provide transportation
b. provide tuition tax credits
c. lend certain textbooks
d. provide civics lessons
Q:
What was the first case in which the Supreme Court applied the Establishment Clause to the states via the Fourteenth Amendment?
a. Lemon v. Kurtzman (1971)
b. Sherbert v. Verner (1963)
c. Cantwell v. Connecticut (1940)
d. Everson v. Board of Education (1947)
Q:
According to the test delineated in Lemon v. Kurtzman (1971), to survive an Establishment Clause challenge, a law or practice must
a. have a secular purpose.
b. not have the principal effect of inhibiting or advancing religion.
c. avoid excessive government entanglement with religion.
d. All of the above are true.
Q:
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
Q:
Our legal traditions recognize government as parens patriae, meaning literally
a. "parent of the country."
b. "in the place of the parents."
c. "king of kings."
d. "founding fathers."
Q:
In Goldman v. Weinberger (1986), the Supreme Court upheld an Air Force dress code requirement against the challenge of a(an) _______ who was disciplined for wearing _______ while in uniform.
a. Rastafarian; dreadlocks
b. Sikh; a turban
c. Satanist; a pentagram
d. Orthodox Jew; a yarmulke
Q:
"Live Free or Die" is the state motto of ________________.
a. Massachusetts
b. Rhode Island
c. Vermont
d. New Hampshire
Q:
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"
Q:
In Lynch v. Donnelly (1984), the Supreme Court ____________ a city-sponsored Christmas nativity scene as a violation of the Establishment Clause.
a. upheld
b. struck down
c. refused to review
d. None of the above is true.
Q:
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
Q:
In Cantwell v. Connecticut (1940), the Supreme Court struck down a state law that prohibited _____________ for any religious or charitable cause without prior approval of a state agency.
a. public meetings
b. door-to-door solicitation
c. tax exemptions
d. None of the above is true.
Q:
The term "religion" comes from the Latin religare, which means
a. to regulate.
b. to revere.
c. to restrain.
d. to restructure.
Q:
The Free Exercise Clause of the First Amendment was definitively applied to the states in
a. Cantwell v. Connecticut (1940).
b. Everson v. Board of Education (1947).
c. Zorach v. Clauson (1952).
d. Walz v. Tax Commission (1970).
Q:
In his original draft of the Bill of Rights, _________________ proposed that state as well as federal establishments of religion be prohibited.
a. Thomas Jefferson
b. Alexander Hamilton
c. James Madison
d. John Jay
Q:
In_____________, the Court rejected the First Amendment claim of a Vietnam War protester that publicly burning his draft card was a form of constitutionally protected symbolic speech.
a. United States v. O"Brien (1968)
b. Tinker v. Des Moines Independent Community School District (1969)
c. Cohen v. California (1971)
d. None of the above is true.
Q:
Which Justice authored the Court's opinion in R.A.V. v. St. Paul (1992)?
a. William Rehnquist
b. Sandra Day O"Connor
c. John Paul Stevens
d. Antonin Scalia
Q:
In __________, the Supreme Court would invalidate a state law on First Amendment freedom of speech grounds for the first time.
a. Prudential Insurance Company v. Cheek (1922)
b. Meyer v. Nebraska (1923)
c. Pierce v. Society of Sisters (1925)
d. Fiske v. Kansas (1927).
Q:
In_______________, the Court struck down an amendment to a state constitution aimed at prohibiting parents from sending their children to private schools.
a. Prudential Insurance Company v. Cheek (1922)
b. Meyer v. Nebraska (1923)
c. Pierce v. Society of Sisters (1925)
d. Fiske v. Kansas (1927).
Q:
In ____________, the Court invalidated on due process grounds a state law prohibiting the teaching of the German language in primary schools.
a. Prudential Insurance Company v. Cheek (1922)
b. Meyer v. Nebraska (1923)
c. Pierce v. Society of Sisters (1925)
d. Fiske v. Kansas (1927).
Q:
In which case did Justice Holmes articulate the clear and present danger test,saying that "the question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
a. Patterson v Colorado (1907)
b.Fox v. Washington (1915)
c. Schenck v. United States (1919)
d. None of the above is true.
Q:
In ___________, the Court upheld a state law that explicitly adopted the bad tendency test by criminalizing publications "having a tendency to encourage or incite the commission of any crime, breach of the peace or act of violence."
a. Patterson v Colorado (1907)
b.Fox v. Washington (1915)
c. Schenck v. United States (1919)
d. None of the above
Q:
The issue of prior restraint arose in which case in connection with the publication of a magazine article purporting to describe the process of making a hydrogen bomb?
a. Near v. Minnesota (1931)
b. New York Times Company v. United States (1971)
c. United States v. The Progressive (1979)
d. Hazelwood School District v. Kuhlmeier (1988)
Q:
Writing for the Court in Hazelwood School District v. Kuhlmeier (1988), which justice stated that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored, expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns."
a. William Rehnquist
b. Byron White
c. William Brennan
d. Hugo Black
Q:
In________________, the Supreme Court voted 5 to 3 to uphold a public school principal's decision to excise certain controversial material from the school newspaper.
a. Near v. Minnesota (1931)
b. New York Times Company v. United States (1971)
c. United States v. Progressive (1979)
d. Hazelwood School District v. Kuhlmeier (1988)
Q:
In ____________, the Supreme Court held that the government's effort to block publication of excerpts from a classified study titled "History of U.S. Decision-Making Process on Viet Nam Policy" amounted to an unconstitutional prior restraint.
a. Near v. Minnesota (1931)
b. New York Times Company v. United States (1971)
c. United States v. Progressive (1979)
d. Hazelwood School District v. Kuhlmeier (1988)
Q:
In____________, the Court struck down a state law that permitted public officials to seek an injunction to stop publication of any "malicious, scandalous and defamatory newspaper, magazine or other periodical."
a. Near v. Minnesota (1931)
b. New York Times Company v. United States (1971)
c. United States v. Progressive (1979)
d. Hazelwood School District v. Kuhlmeier (1988)
Q:
The rule against prior restraint is MOST associated with which First Amendment freedom?
a. Freedom of speech
b. Freedom of assembly
c. Freedom of association
d. Freedom of the press
Q:
According to your textbook which justice of the Supreme Court is considered to be the "the best known and most forceful of the First Amendment absolutists?"
a. John Marshall
b. Hugo Black
c. Earl Warren
d. Samuel Alito
Q:
In Lorillard Tobacco Company v. Reilly (2001), writing for the majority, _____________observed that "so long as the sale and use of tobacco is lawful for adults, the tobacco industry has a protected interest in communicating information about its products and adult customers have an interest in receiving that information."a. Chief Justice William Rehnquistb. Justice Anthony Kennedyc. Justice John Paul Stevensd. Justice Sandra Day O"Connor
Q:
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.
Q:
In ________________, the Supreme Court struck down the Helms Amendment to the Cable Television Consumer Protection and Competition Act of 1992, which required cable systems that lease channels to commercial providers of "patently offensive" programming to scramble the signals of those channels and make them available only to subscribers who specifically request access.
a. Denver Area Educational Telecommunications Consortium v. Federal Communications Commission (1996)
b. Federal Communications Commission v. Pacifica Foundation (1978)
c. Reno v. American Civil Liberties Union (1997)
d. None of the above is true.
Q:
In _______________, the Supreme Court struck down a District of Columbia regulation that prohibited the display of signs within 500 feet of a foreign embassy if the message displayed on the signs brought the embassy's government into "disrepute."
a. Kovacs v. Cooper (1949)
b. Boos v. Barry (1988)
c. Heffron v. International Society for Krishna Consciousness (1981)
d. None of the above is true.
Q:
In _______________, the Supreme Court recognized that the sidewalks surrounding the Court's own building in Washington, D.C. qualified as a public forum and struck down the federal law forbidding use of that space for picketing or handing out leaflets.
a. Perry Educational Association v. Perry Local Educators' Association (1983)
b. Lloyd Corporation v. Tanner (1972)
c. Schenck v. United States (1919)
d. United States v. Grace (1983)
Q:
In _________________, the Supreme Court upheld a Florida court's injunction that prohibited antiabortion protesters from coming within a 36-foot buffer zone around the entrances to an abortion clinic.
a. Adderley v. Florida (1966)
b. Schenck v. Pro-Choice Network (1997)
c. Madsen v. Women's Health Center (1994)
d. None of the above is true.
Q:
In ___________________, a statute aimed at suppressing commercial trafficking of depictions of animal cruelty, such as "crush videos" where small animals are crushed underfoot, was invalidated by the Supreme Court because the statute created "a criminal prohibition of alarming breadth."
a. United States v. Stevens (2010)
b. Reno v. American Civil Liberties Union (1997)
c. Coates v. City of Cincinnati (1971)
d. none of the above
Q:
In Coates v. City of Cincinnati (1971), the Supreme Court _________ an ordinance that made it unlawful for "three or more persons to assemble ... on any sidewalks and there conduct themselves in a manner annoying to persons passing by" under the overbreadth doctrine.
a. upheld
b. invalidated
c. denied certiorari
d. None of the above is true.
Q:
In _________________, the Supreme Court handed down new legal guidelines for obscenity where the Court expressed the view that obscenity is "utterly without redeeming social importance" and thus entitled to no First Amendment protection.
a. Roth v. United States (1957)
b. Regina v. Hicklin (1868)
c. Jacobellis v. Ohio (1964)
d. None of the above is true.