Q&A Hero

Q: Each of the following is a standard under the Lemon test EXCEPT: A) law must have a secular purpose. B) law's primary effect must neither advance nor inhibit religion. C) law must not foster an excessive entanglement. D) law must give equal access to all religions.

Q: What is a partial pardon that reduces the punishment for a crime? A) commutation of sentence B) pardon C) reprieve D) amnesty

Q: Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims? A) rational basis test B) neutrality test C) Lemon test D) strict scrutiny E) intermediate scrutiny

Q: What is an act of the government granting a pardon for a past crime? A) commutation of sentence B) pardon C) reprieve D) amnesty

Q: Which view of the Establishment Clause would allow greater interplay between government and religion? A) accommodationist view B) separationist view C) high-wall theory D) conscientious theory

Q: What is the theory that the Constitution vests all executive authority in the president of the United States? A) unitary executive B) plural executive C) natural law theory D) executive privilege

Q: Which of the following is NOT considered to be a current mode of analysis used by the Court to review alleged violations of the Establishment Clause? A) non-denominational test B) coercion test C) endorsement test D) Lemon test

Q: How many votes are required to elect the president and vice president under the Electoral College? A) 250 B) 270 C) 300 D) 539

Q: In which case can the following quotation be found? "It may fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that unavoidable consequence of democratic government must be preferred to a system in which each conscience is a law unto itself or in which judges weigh the social importance of all laws against the centrality of all religious beliefs . . . ." A) Engel v. Vitale B) Lemon v. Kurtzman C) Employment Division v. Smith D) Abington School Dist. v. Schempp

Q: What is the minimum age requirement to become President of the United States? A) 25 years old B) 30 years old C) 35 years old D) 40 years old

Q: In Synder v. Phelps, the U.S. Supreme Court held that a funeral protest by members of the Westboro Baptist Church was protected by the First Amendment and that a jury verdict siding with a family whose son had died on active duty in Iraq could not stand. In an 81 ruling, the Court upheld the right of protestors to express their views that the deaths of American service members in the Iraq War was the result of the nation's tolerant views toward homosexuality. The Court found that, although the protesters' expression may be viewed as outrageous and offense by many, it nonetheless was protected because it related to matters of public concern and was expressed in a public forum. Discuss your reaction to the Snyder v. Phelps case.

Q: The case of Jones v. Clinton (1997) involved what issue? A) Executive privilege B) War making authority C) pardon power D) executive immunity

Q: Discuss whether you would support or oppose a constitutional amendment that would allow the United States Congress to prohibit statutorily the physical desecration of the flag of the United States. Explain your position.

Q: What case did the Court the Court held that detainees at Guantanamo Bay, including enemy combatants, are entitled to habeas corpus? A) Korematsu v. United States B) Hamdi v. Rumsfeld C) Rasul v. Bush D) Boumediene v. Bush

Q: What does a reporter shield law protect?

Q: What case allowed President Roosevelt to intern Japanese Americans during World War II? A) Korematsu v. United States B) Hamdi v. Rumsfeld C) Rasul v. Bush D) Boumediene v. Bush

Q: What is the basis for the right to the freedom of association?

Q: An act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted is called: A) commutation. B) acquittal. C) summary judgment. D) pardon.

Q: What are the forms of speech that are not protected under the First Amendment?

Q: What term is used to refer to a president's refusal to expend congressionally appropriated funds? A) impoundment B) refusal C) financial hijacking D) fiscal restraint

Q: What is the difference between a public forum and a nonpublic forum?

Q: The Supreme Court rejected an attempt by President Truman to seize steel mills during a labor dispute in what case? A) Truman v. Capote B) AFL-CIO v. Truman C) Youngstown Sheet & Tube Co. v. Sawyer D) UAW v. Truman

Q: What is the difference between the vagueness and overbreadth doctrines?

Q: Executive orders are published in: A) Federal Register. B) Book of Executive Orders. C) U.S. Code. D) Executive Order Registry.

Q: What is content neutrality?

Q: Which decision largely decided the presidential election of 2000? A) Clinton v. Jones B) Gore v. Cheney C) Bush v. Gore D) Clinton v. Bush

Q: Match the term listed in Column 1 to its description in Column 2.A) a governmental policy barring a particular form of expression at any time or place or in any mannerB) a test used by the Court to interpret and apply the Free Speech Clause, which allows government to predetermine and ban types of speech that may have a tendency to bring about harm, regardless of whether the speech, in actuality, poses a clear and present dangerC) a phrase used in some free speech cases to describe the type of environment the First Amendment fosters for individuals to sell, purchase, and evaluate different ideas through speechD) a term used to require the government not to favor one side or another within a given subject matter of speechE) individual or isolated interests that can destroy or substantially impair government if they are allowed to override the common goodF) places that are not historically associated with the exercise of First Amendment rights. Such locations may include military bases, jails, and certain interior portions of public buildingsG) a government restriction on speech that restricts speech but allows the expression in certain given contexts9. factions10. marketplace of ideas11. nonpublic forums12. viewpoint neutrality13. time, place, and manner restriction14. bad tendency test15. ban on speech

Q: Which of the following is not a role the President plays in lawmaking? A) Submission of bills B) Vetoing bills C) Interfacing with members of Congress D) All of the above

Q: The Miller Test is a standard used to judge whether a material is ________.

Q: Executive Impoundment refers to: A) an executive branch official's seizure of personal property. B) an executive branch official's refusal to spend appropriated money. C) an executive branch official's refusal to obey a President's directive. D) all of the above.

Q: Obscenity is a form of ________ sexual expression.

Q: A President is: A) absolutely immune from suit for executive functions. B) presumptively immune from suit for executive functions. C) not immune from suit whatsoever. D) all of the above.

Q: A prior ________ is an attempt by government to prevent or restrain expression, including press publication, before it is uttered.

Q: Presidential communications are: A) absolutely privileged from compelled disclosure. B) presumptively privileged from compelled disclosure. C) not privileged from compelled disclosure whatsoever. D) all of the above.

Q: A reporter shield law protects reporters from being compelled to reveal their ________ news sources.

Q: Which of the following best describes the relationship between the federal government and state militias? A) The militias are independent state entities over which the federal government has no authority. B) The militias are federal entities over which the federal government has complete authority. C) The militias are state entities over which the federal government has limited authority. D) All of the above.

Q: The freedom of association is based on the language in the ________ Amendment.

Q: The War Powers Resolution is possibly unconstitutional because: A) it is a legislative veto. B) it encroaches upon executive authority. C) it was not properly enacted. D) both A and B are correct.

Q: Military bases, jails, and certain interior portions of public buildings are considered ________ forums and places that are not historically associated with the exercise of First Amendment rights.

Q: In what case did Justice Jackson (dissenting) outline the three-part model of presidential power that continues to be referred to today? A) United States v. Nixon B) Youngstown Sheet and Tube Co. v. Sawyer C) Goldwater v. Carter D) Smith v. Ford

Q: Public ________ are properties historically associated with the exercise of First Amendment rights, including public sidewalks, parks, and cartilages outside courthouses and statehouses.

Q: Explain which enumerated power of Congress stated in the U.S. Constitution gives Congress the most power and authority?

Q: In FCC v. Fox (2012), the U.S. Supreme Court rejected a Federal Communications Commission (FCC) procedure used to sanction television stations for "indecency" violations involving "fleeting expletives" broadcast during live programs on the basis of the ________ doctrine.

Q: Discuss whether you would support or oppose a constitutional amendment that would provide term limits for members of Congress. Explain your position.

Q: The overbreadth doctrine is grounded in notions of due ________.

Q: Which constitutional provisions have been used by Congress to address civil rights issues?

Q: The ________ doctrine is a constitutional theory of due process that generally provides that the government cannot regulate or prohibit more speech than is necessary to address the identified harm.

Q: Which provision in the U.S. Constitution gives Congress the power to regulate business and labor?

Q: Subject-matter neutrality, also known as ________ neutrality, means that the government, in attempting to regulate speech, is not discriminating against speech based on its content or subject matter.

Q: What are the qualifications to become a U.S. Senator?

Q: Viewpoint ________ means that the government does not favor one side or another within a given subject matter of speech.

Q: Match the term listed in Column 1 to its description in Column 2. A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity. B) The published statutes of a jurisdiction, arranged in a systematic form. C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives. D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries. E) The detailed revision of a bill by a legislative committee. F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto. G) A law enacted by a legislature; an act. H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid. I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others. J) A proposed law, presented to the legislature for enactment. 1. Police Power 2. Affectation Doctrine 3. Joint Resolution 4. Origination Clause 5. Mark-up 6. Pretext Principle 7. Code 8. Bill 9. Statute 10. Commerce Clause

Q: In cases where the government attempts to block access to information by the press, the First Amendment interests of the press are often balanced against other competing constitutional rights and powers.

Q: Use ________ is a guaranty given to a person that if he or she testifies against others, his or her testimony will not be used against him or her if he or she is prosecuted for involvement in the crime.

Q: A prior restraint is an attempt by government to prevent or restrain expression, including press publication, before it is uttered.

Q: In 2010, the Supreme Court handed down Citizens United v. Federal Election Commission, which struck down a campaign finance law as violating the ________ Amendment free speech rights of corporations.

Q: Libel is a form of unprotected speech under the First Amendment.

Q: Codification is the process of turning a common law rule into a(n) ________.

Q: Fighting words are considered a form of protected speech under the First Amendment.

Q: In National Federation of Independent Business v. Sebelius, 135 S.Ct. 2566 (2012) decided by the U.S. Supreme Court in 2012 dealing with the constitutionality of the Patient Protection and Affordable Care Act, the U.S. Supreme Court held that the individual mandate was effectively a ________ and a legitimate exercise of congressional authority under Art. I, sec. 8, cl. 1.

Q: The freedom of association is based on the language in the Fourth Amendment.

Q: The power to regulate health, welfare, and security is known as the ________ power.

Q: In Morse v. Frederick (2007), the U.S. Supreme Court upheld a public school's suspension of a student who held a vaguely written pro-drug message at a school-sponsored.

Q: The Commerce Clause in Article I, Section 8, of the Constitution gives Congress the power to regulate ________ commerce.

Q: In most cases, the government will be given greater leeway to regulate speech in nonpublic forums than in public forums.

Q: After the ratification of the ________ Amendment, U.S. Senators are now directed elected by the people.

Q: A public sidewalk is considered to be a nonpublic forum.

Q: Every state, regardless of population, has ________ senators, each with one vote.

Q: Match the exception to the Fourth Amendment warrant requirement listed in Column 1 to its description in Column 2.A) an exception to the Fourth Amendment warrant requirement that allows police to search and seize items if they are lawfully in a location where they plainly see evidence of criminal activityB) an exception to the Fourth Amendment warrant requirement that allows police to perform searches with the permission or consent of a person who has actual or apparent authority over the property being searchedC) an exception to the Fourth Amendment warrant requirement that allows officers to conduct warrantless searches where there is a need to apprehend a dangerous person or prevent an imminent and serious threat to the police or publicD) exception to the warrant requirement that allows police to search a vehicle without a warrant if they have probable cause to believe that the vehicle or part thereof contains evidence of criminalityE) during warrantless searches conducted pursuant to a lawful arrest, police are permitted to search the surrounding premises if authorities reasonably believe that accomplices may be present in the area and threaten the safety of the officersF) an exception to the Miranda requirement that has allowed police, in at least one instance, to question a suspect in custody without supplying the requisite warnings when the questions were designed to address an imminent matter of public safetyG) an exception to the warrant requirement for searches and seizures that allows law enforcement officers to search and seize areas or items located in open and public viewH) allows officers performing stop and frisks to seize non-weapon forms of contraband (drugs, drug paraphernalia, etc.) that the officer reasonably detects as a part of a properly executed patdownI) a form of the exigent circumstances exception to the warrant requirement that allows police to enter places without a warrant where they are pursuing a fleeing felon, where evidence may be destroyed or evaporated, where contaminated food or narcotics present immediate danger, and where an ongoing crisis poses a threat to public safetyJ) a type of exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporated1. automobile exception2. evanescent evidence exception3. public safety exception4. plain-feel exception5. open fields doctrine6. protective sweep7. consent searches8. exigent circumstances exception9. hot-pursuit rule10. plain view doctrine

Q: The bad tendency test was the earliest test used by the U.S. Supreme Court to interpret and apply the Free Speech Clause.

Q: Article I, Section 2, requires that a census of the population occur every ________ years in a manner proscribed by Congress.

Q: Match the federal civil rights legislation or constitutional provision listed in Column 1 to its description in Column 2.A) provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistanceB) prohibits employers with fifteen or more employees from discriminating based on race, color, religion, sex, and national originC) bars discriminations against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunicationsD) provides that all persons are entitled to the full and equal protection of the "goods, services, facilities, privilege, advantages and accommodations of any place of public accommodation . . . without discrimination or segregation on the ground of race, color, religion, or national origin."E) protects individuals who are 4 years of age or older from employment discrimination based on ageF) prohibits racial discrimination in electionsG) requires that "[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the laws"10. Title II of Civil Rights Act of 196411. Voting Rights Act of 196512. Age Discrimination in Employment Act (1967)13. Americans with Disabilities Act (1990)14. Title VII of Civil Rights Act of 196415. Title IX of Civil Rights Act of 196416. Fourteenth Amendment

Q: Although the government may prohibit depictions of child pornography, it may not ban all forms of expression that "appear to be" child pornography because such a ban is likely to capture expression that does not include depictions of actual children.

Q: The President may call both or one of the chambers of Congress into session from a recess in ________ occasions.

Q: Match the form of discrimination applied listed in Column 1 to the standard used in Column 2.A) intermediate scrutinyB) strict scrutinyC) rational basis test1) income/wealth2) sexual orientation3) right to vote4) right to marry5) right to travel6) marital status of a person's parents at the time of birth (illegitimacy)7) race8) age9) sex

Q: A law that bans "indecent" communications on the Internet, without a more precise definition, and not a readily and commonly understood term, would be considered a violation of the First Amendment under the overbreadth doctrine.

Q: The Constitution limits the number of terms a person may serve in both the House and the Senate.

Q: Match the term listed in Column 1 to its description in Column 2.A) a legal standard used to review restrictions on abortion for their constitutionalityB) a phrase frequently offered by the Court as the standard for assessing whether a particular human activity will be included as a "liberty interest" under the Due Process ClauseC) constitutional balancing test that requires the government to show that its infringement upon a fundamental right is necessary (or narrowly tailored) to serve a compelling governmental interestD) a constitutional right of the highest order and one to which utmost constitutional protection is applied, including strict scrutiny protectionE) a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contractsF) an approach to interpreting the Constitution that strictly construes the explicit words of the Constitution to determine whether a particular right is protectedG) a legal document in which a person provides instructions for medical treatment (or the lack thereof) in cases where the person becomes incapacitated9) contract clause10) fundamental right11) strict constructionist12) implicit in the concept of ordered liberty13) living will14) undue burden15) strict scrutiny test

Q: The overbreadth doctrine is a constitutional theory of due process that generally provides that the government cannot regulate or prohibit more speech than is necessary to address the identified harm.

Q: To be a member of the House of Representatives, a person must be at least twenty-five years old, a citizen of the United States for at least seven years, and an inhabitant of the state where he will run for election.