Q&A Hero

Q: Match the term listed in Column 1 to its description in Column 2A) an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally writtenB) the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claimsC) concerns the type or substance of behavior that is included as a "liberty" under the due process clauseD) a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizuresE) a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth centuryF) a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensationG) an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process ClauseH) a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law1) liberty of contract2) Due Process Clause3) procedural due process4) original understanding5) reasonable expectation of privacy6) takings clause7) substantive due process8) original intent

Q: The balancing test used to judge freedom of speech controversies has evolved over time.

Q: Congress alone possesses the authority to suspend habeas corpus.

Q: Match the term listed in Column 1 to its description in Column 2.A) a view of the religion clauses that generally asserts that government should remain strictly separate or removed from religious activityB) clause in the First Amendment that addresses the extent to which government can interfere with an individual's religious practicesC) individuals seeking to avoid war-time military service based on religious or other conscience-based objectionsD) a legal standard developed by the Court in 1971 to evaluate Establishment Clause cases that requires the challenged government action to meet three guidelines:(1) it must have a secular (nonreligious) purpose,(2) its primary effect must neither advance nor inhibit religion, and(3) it must not foster an excessive entanglement with religion and governmentE) a law passed by Congress in 1993 that sought to reinstate the strict scrutiny standard for free exercise casesF) clause in the First Amendment that generally regulates the extent to which government can participate in, assist, or otherwise further religious activity or organizationsG) a constitutional litmus test that weighs the government's interest in advancing a particular policy against the free exercise interests of the individual. In order for the government's interest to outweigh the individual's, the government must prove that its interest is necessary to promote a compelling governmental interestH) a legal standard used to evaluate Establishment Clause cases that essentially asks whether the government is acting in a manner that may have a coercive effect on individuals to support or participate in a particular religionI) a legal standard used to assess Establishment Clause issues where the court asks the more general question of whether the government's activity conveys a message of endorsement or disapproval of religionJ) an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations1. Religious Freedom Restoration Act2. compelling governmental interest test3. coercion test4. endorsement test5. Lemon test6. Free Exercise Clause7. Establishment Clause8. accommodationist approach9. separationist approach10. conscientious objectors

Q: Under the Brandenburg Test, the government may not suppress speech unless the speech is "directed to inciting or producing imminent lawless action and . . . likely to incite or produce such action."

Q: Article I, Section 2, clause 5 of the U.S. Constitution gives the Senate the responsibility of trying impeachment cases.

Q: Match the term listed in Column 1 to its description in Column 2.A) expression that is directly aimed at insulting, derogating, or intimidating a particular class of individuals, often based on race, sex, religion, or ethnicityB) a legal standard requiring the government to prove that its policy is necessary (or narrowly tailored) to promote a compelling governmental interestC) a constitutional theory of due process that maintains that the government cannot impose legal standards that the average person cannot or is not likely to understandD) a standard used to judge whether a material is obsceneE) 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 harmF) the government, in attempting to regulate speech, is not discriminating against speech based on its content or subject matterG) properties historically associated with the exercise of First Amendment rights, including public sidewalks, parks, and cartilages outside courthouses and statehousesH) a category of unprotected speech that "by their very utterance inflict injury or tendto incite an immediate breach of the peace"1. Miller Test2. hate speech3. strict scrutiny test4. public forums5. content neutrality6. vagueness doctrine7. overbreadth doctrine8. fighting words

Q: In examining the government's regulation of speech, the first issue that must be addressed is whether the government is regulating the expression of ideas or harmful behavior.

Q: The Necessary and Proper Clause is an independent source of authority.

Q: Match the term listed in Column 1 to its described listed in Column 2.A) a term used to describe the Constitution as a contract between two primary parties"the people and the governmentB) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of lawC) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the statesD) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"E) a theory of individual liberties that considers liberties to be the product of a negotiated contract11) incorporation doctrine12) compact theory13) natural law theory14) Due Process Clause15) social compact

Q: Congress has authority to regulate the desecration of the flag of the United States, even if the desecration is considered symbolic speech.

Q: It is well established that Congress may regulate commercial matters only and federal regulations that have welfare objectives are invalid.

Q: Match the constitutional amendment listed in Column 1 to the protection listed in Column 2.A) bars government from abridging the freedom of speechB) bars government from infringing on the right to bear armsC) bars government from imposing excessive bail or finesD) provides accused persons the right to a speedy, public, and jury trial in criminal casesE) bars government from violating the right against unreasonable searches and seizuresF) provides the right to a jury trial in civil cases involving disputes valued over twenty dollarsG) in peacetime, bars government from quartering soldiers in homes without an owner's consentH) bars government from trying a person twice for the same offenseI) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the peopleJ) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people1) First Amendment2) Second Amendment3) Third Amendment4) Fourth Amendment5) Fifth Amendment6) Sixth Amendment7) Seventh Amendment8) Eighth Amendment9) Ninth Amendment10) Tenth Amendment

Q: In which U.S. Supreme Court case did the Court hold that New Jersey could not enforce a state public accommodations law, which barred discrimination based on sexual orientation based on the organization's right to the freedom of association? A) Boy Scouts of America v. Dale B) Schenck v. United States C) Texas v. Johnson D) Gitlow v. New York

Q: Between the 1940s and 1995, the Supreme Court invalidated seven federal statutes as exceeding the commerce power.

Q: Which constitutional right afforded to criminal suspects under the Fifth or Sixth Amendment is the most important to you personally? Explain your position.

Q: A law regulating speech that fails to sufficiently define its terms would most likely be unconstitutional based on the ________ doctrine. A) overbreadth B) vagueness C) strict scrutiny D) rational basis

Q: Congressional power over interstate commerce is severely limited by the power of the states to regulate intrastate commerce.

Q: Discuss whether the warrantless tracking of an individual through the use of real-time cell phone site location information is a violation of the individual's rights under the Fourth Amendment.

Q: What type of constitutional scrutiny would most likely be applied to a governmental ban on political speech? A) rational basis B) intermediate scrutiny C) strict scrutiny D) Central Hudson test

Q: President Franklin D. Roosevelt attempted to "pack" the Court by recommending legislation that would permit a President to nominate additional justices for each sitting justice over the age of 70 who had served on the Court for ten years or longer.

Q: What are the "critical stages" of criminal procedure where the right to counsel exists?

Q: Under the strict scrutiny test, the government must prove that its policy is ________ to promote a ________ governmental interest. A) necessary/reasonable B) reasonable/compelling C) necessary/compelling D) substantially related/compelling

Q: Members of Congress are absolutely immune from suit for statements made while on the floor of either house.

Q: What is the purpose of the Miranda warnings?

Q: Where the press seeks to cover certain high-profile judicial proceedings, the courts must weigh the right of the defendant to receive a fair trial, as protected by the ________ Amendment, against the right of a free press. A) Fourth B) Fifth C) Sixth D) Eighth

Q: Each house of Congress possesses the final authority to decide who won in contested elections.

Q: What is the automobile exception to the warrant requirement under the Fourth Amendment?

Q: What name is given to certain forms of state legislation designed to protect news reporters from revealing the identity of their confidential news sources? A) reporter shield laws B) confidentiality statutes C) first amendment enhancement statutes D) confidential source protection laws

Q: A state may not impose term limitations on its Representatives and Senators.

Q: What is the definition of probable cause?

Q: Which liberty is NOT specifically stated in the text of the first amendment? A) freedom of speech B) freedom of the press C) freedom of association D) freedom to petition government for redress of grievances

Q: Each state has an equal number of Representatives and Senators.

Q: What is a Terry stop?

Q: What constitutional standard of scrutiny is applied to regulations of commercial speech? A) rational basis B) strict scrutiny C) intermediate scrutiny D) business necessity

Q: The U.S. Congress is a bicameral legislature.

Q: What is the exclusionary rule?

Q: What element must be proven in order for a public figure to successfully bring a defamation case? A) libel B) slander C) malice D) hostile intent

Q: If a President does not return a bill to Congress within five days, it automatically becomes law.

Q: Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty does not inherently violate the ________ Amendment prohibition against cruel and unusual punishment.

Q: A false publication in a newspaper that causes damages to a non-public figure is called? A) libel B) slander C) falsification D) written tort

Q: Which constitutional amendment provides that the legislature of the state may empower the governor to make a temporary senatorial appointment pending replacement by election? A) Amendment 15 B) Amendment 16 C) Amendment 17 D) Amendment 18

Q: The dual ________ doctrine is a legal theory associated with the Double Jeopardy Clause that provides that federal and state governments may try a person for the same act.

Q: Which of the following is NOT considered per se unprotected speech under the First Amendment? A) offensive speech B) fighting words C) child pornography D) false commercial advertising

Q: Which provision in Article I, Section 7, clause 1, of the U.S. Constitution requires all revenue-raising bills to originate in the House of Representatives? A) Commerce Clause B) Necessary and Proper Clause C) Origination Clause D) Spending Clause

Q: The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must be at least ________ jurors to decide a case.

Q: Which of the following is NOT a standard used to judge obscenity under term in Miller v. California (1973)? A) the work taken as a whole involves deviant sexual activity B) the work taken as a whole appeals to a prurient interest in sex C) the work portrays sexual conduct in a patently offensive way D) the work lacks serious literary, artistic, political, or scientific value

Q: What is the minimum age requirement to serve in the U.S. Senate? A) 21 B) 25 C) 30 D) 35

Q: The Sixth Amendment right to counsel applies only to ________ stages of the prosecution

Q: Which of the following is NOT considered a public forum within free speech jurisprudence? A) public sidewalks B) public parks C) courthouse lawns D) prisons

Q: What is the minimum age requirement to serve in the U.S. House of Representatives? A) 21 B) 25 C) 30 D) 35

Q: The right against self-incrimination under the ________ Amendment is bolstered by additional protections under the Due Process Clauses of the Fifth and Fourteenth Amendments, as well as the Sixth Amendment right to counsel.

Q: A law that regulates more speech than is necessary to accomplish a government objective will most likely violate which doctrine? A) vagueness B) clear and present danger C) bad tendency D) overbreadth

Q: Since 1962, how many voting representatives serve in the U.S. House of Representatives? A) 100 B) 435 C) 437 D) 439

Q: The Fifth Amendment right against self-incrimination applies to testimony or statements, not to ________ evidence.

Q: What case BEST illustrates symbolic speech? A) Brandenburg v. Ohio B) Schenck v. United States C) Texas v. Johnson D) Gitlow v. New York

Q: What case upheld the power of the federal government to create a national bank? A) South Dakota v. Dole B) McCulloch v. Maryland C) U.S. v. Morrison D) U.S. v. Lopez

Q: The plain ________ doctrine is 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 activity.

Q: Within free speech jurisprudence, what term is used to describe the idea that multiple ideas or forms of expression should compete against one another so that others may consider them? A) marketplace of ideas B) global competition C) ideas exchange commission D) quid pro quo

Q: What case invalidated an earlier effort by Congress to enact a federal income tax? A) South Dakota v. Dole B) U.S. v. Lopez C) Pollock v. Farmers Loan & Trust Co D) McCulloch v. Maryland

Q: A written statement made under oath, typically completed by a police officer when seeking a search warrant, is known as a(n) ________.

Q: What problem did James Madison address in Federalist 10 that relates to the potential for individual interests to override the common good? A) lobbying groups B) splinter groups C) factions D) bureaucrats

Q: What case allowed Congress to regulate the drinking age within the states using the Tax and Spending Clause of Article I? A) South Dakota v. Dole B) U.S. v. Lopez C) Pollock v. Farmers Loan & Trust Co D) McCulloch v. Maryland

Q: A Terry Stop is also known as a stop and ________ where a policy officer can conduct an investigatory stop where the officer has reasonable suspicion that the person is armed.

Q: If a broadcast journalist reports false information about a non-public figure, thereby resulting in damages to a victim, what would this illustrate? A) reporter's privilege B) slander C) shield law D) libel

Q: Under what authority can Congress levy an income tax? A) Article I, section 8 B) 16th Amendment C) Pollock v. Farmers Loan & Trust Co D) Tax and Spend Clause

Q: The ________ rule became applicable to state agents based on the U.S. Supreme Court case Mapp v. Ohio (1962).

Q: Which of the following cases actually sided with the rights of individual expression under the first amendment? I. Gitlow v. New York II. Texas v. Johnson III. Brandenburg v. Ohio IV. Schenck v. United States A) I, II, III B) II, III C) II, V D) I, II

Q: Which case gives Congress the most authority under the Commerce Clause? A) U.S. v. Lopez B) Wickard v. Filburn C) U.S. v. Morrison D) Gonzalez v. Raich

Q: The proportionality doctrine is a legal doctrine under the Cruel and Unusual Punishment Clause that requires criminal punishment to be proportional to the crime committed.

Q: If a professor at a public school imposes a policy barring students from wearing all types of hats in the classroom, this would most appropriately be labeled as a ________. A) regulation of protected speech B) ban on protected speech C) content-based limitation on political speech D) neutral law that may impact students' expression

Q: Which case invalidated the federal Gun Free School Zone's Act? A) U.S. v. Lopez B) Wickard v. Filburn C) U.S. v. Morrison D) Gonzalez v. Raich

Q: A person may be tried multiple times if the prior trial ended in a mistrial where the prosecution did not intentionally seek to cause the mistrial.

Q: Which Supreme Court Justice has made it known he would like to review restrictions on commercial speech under strict scrutiny analysis? A) Sonia Sotomayor B) Clarence Thomas C) Anthony Kennedy D) David Souter

Q: Which case allowed Congress to prosecute marijuana crimes even when a state has a law allowing for the medicinal use of this drug? A) U.S. v. Lopez B) Wickard v. Filburn C) U.S. v. Morrison D) Gonzalez v. Raich

Q: In Gideon v. Wainwright (1963), the U.S. Supreme Court ruled that a defendant had a constitutional right to an attorney during state criminal proceedings and that if he could not afford an attorney, the state was required to appoint one.

Q: Which case (majority opinion) adopted the "bad tendency" test as a means for resolving disputes involving the freedom of speech? A) Gitlow v. New York B) Brandenburg v. Ohio C) Schenck v. United States D) Virginia v. Hicks

Q: Which case allowed Congress to regulate that amount of wheat grown by local farmers? A) U.S. v. Lopez B) Wickard v. Filburn C) U.S. v. Morrison D) Gonzalez v. Raich

Q: The Sixth Amendment right to counsel, like other constitutional rights, can be waived.

Q: Discuss your position on whether you support the total incorporation doctrine or the select incorporation doctrine.