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Q:
The Second Amendment of the U.S. Constitution reads: "A well-regulated ___________ being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Q:
. In Presser v. Illinois (1886), the Court refused to _______________ the Second Amendment into the Fourteenth Amendment.
Q:
In McDonald, the Supreme Court applied the Second Amendment to the states, recognizing a person's right "to keep and bear arms for the purpose of ____________"
Q:
In United States v. Cruikshank (1875), the Supreme Court stated that only Congress was forbidden from infringing on the Second Amendment.
Q:
A portion of the Omnibus Crime Control and Safe Streets Act of 1967 made possession of a firearm by convicted felons unlawful.
Q:
There are no longer any national or state-sanctioned militias in the United States.
Q:
The Heller decision has had a sweeping impact on gun control laws across the United States.
Q:
The Supreme Court ruling in McDonald v. Chicago prevents state and local governments from passing gun laws.
Q:
Research has found little evidence that increased in the number of citizens with concealed handgun permits reduce or increase rates of violent crime.
Q:
The number of antigovernment "Patriot" groups has been declining in recent years.
Q:
The Second Amendment was drafted in a time when fear of tyranny from a strong central government was very strong.
Q:
United States v. Miller (1939) was a critical case because the court recognized an individual rather than a state right to bear arms.
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.
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 clause
b. prefatory clause
c. sunset clause
d. 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 2010, nine suspects were arrested in a plot to kill police officers, then attack the funeral using homemade bombs in hopes of killing more law enforcement personnel. These people were tied to:
a. a Muslim terrorist group.
b. Al Quada.
c. the Branch Davidians.
d. a Midwest Christian 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. Miller
b. District of Columbia v. Heller
c. Presser v. Illinois
d. 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 self- defense" in:
a. Adams v. Williams
b. Presser v. Illinois
c. McDonald v. Chicago
d. 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:
The Southern Poverty Law Center documented a ____________ in the number of active Patriot groups in 2009.
a. 244 percent increase
b. 58 percent decrease
c. 24 percent increase
d. 44 percent decrease
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:
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:
The act making it illegal to provide material support to any group that has been designated by the Attorney General as a "foreign terrorist organization" is the ____________.
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.
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.
Q:
The court has no duty to protect those who come before it from undue adverse publicity.
Q:
In the 1999 case of Chicago v. Morales, the Supreme Court upheld an "anti-loitering" ordinance, stating that the definition of illegal loitering as "to remain in any one place with no apparent purpose" was not unconstitutionally vague.
Q:
Any officer who speaks in public on an employment matter is not protected by the First Amendment.
Q:
The United States has been a model of religious tolerance throughout history.
Q:
The Supreme Court has ruled that Americans have a free-speech right to pass out anonymous political pamphlets.
Q:
The Supreme Court has ruled that states cannot require children to pledge allegiance to the United States each day.
Q:
In Virginia v. Black, the Supreme Court ruled the singular act of cross burning was not a form of free speech protected by the First Amendment.
Q:
Many states apply a higher fighting words standard to law enforcement officers because they are expected to exercise a higher degree of restraint than the average citizen.
Q:
The first guarantee to be made applicable to the states through incorporation was:
a. freedom of religion.
b. freedom to assemble.
c. freedom of speech.
d. freedom of the press.
Q:
Standards to define obscenity were set forth in:
a. Near v. Minnesota.
b. the Zenger case.
c. Edwards v. City of Goldsboro, NC.
d. Miller v. California.
Q:
The Supreme Court held that obscenity is not a constitutionally protected form of free speech in:
a. Near v. Minnesota.
b. Cohen v. Cowles Media Company.
c. Roth v. United States.
d. the Zenger case.
Q:
The Supreme Court placed restrictions on the censorship of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
In the case of Texas v. Johnson (1989), the Supreme Court ruled: "If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." This case involved:
a. child pornography
b. flag burning
c. cross burning
d. nude dancing
Q:
The establishment clause of the First Amendment sets forth all of the following, except:
a. Congress shall make no law respecting an establishment of religion.
b. Congress is prohibited from establishing a national church.
c. Congress may establish a national church if three-fourths of the states vote to ratify.
d. government cannot show preference to any particular religion.
Q:
The Supreme Court justified the screening of inmate mail in:
a. Prewitt v. State of Arizona ex rel. Eyman (1969).
b. Procunier v. Martinez (1974).
c. City of Ladue v. Gilleo (1994).
d. Reno v. American Civil Liberties Union (1997).
Q:
"Whether the gravity of the evil discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger" is called the:
a. clear and probable danger test
b. clear and present danger test
c. imminent lawless action test
d. imminent probable danger test
Q:
Freedom of the press was made binding on the states through the Fourteenth Amendment in Near v. Minnesota (1931), in which the Supreme Court ruled that:
a. no newspaper could be banned because of its contents, regardless how scandalous.
b. obscenity is not a constitutionally protected form of speech.
c. government may halt publication of books that endanger national security.
d. the press has no constitutional right to disregard promises of confidentiality.
Q:
Religious freedom includes all of the following, except:
a. the freedom to worship.
b. freedom to print instructional material.
c. freedom to train teachers.
d. prayer conducted in public schools.
Q:
Which of the following is not part of the three-part test in determining "imminent lawless action"?
a. The speaker subjectively intended incitement.
b. In context, the words used were likely to produce imminent, lawless action
c. the words used by the speaker objectively encouraged and urged incitement.
d. the words used by the speaker caused excitement.
Q:
In order for speech to be considered obscene, and thus not protected by the First Amendment, it must be all of the following except:a. the work arouses erotic sexual interest.b. the work taken as a whole appeals to the prurient interest in sex.c. it portrays sexual conduct in a patently offensive way.d. the work taken as a whole does not have a serious literary, artistic, political or scientific value.