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Though this case permitted the controversial Pentagon Papers to be printed, the Court recognized that our freedom of the press could be limited by national security.
New York Times v. U.S. (1971)
The Selective Incorporation Doctrine shifted responsibility to the national government in a dramatic way. This power grab has resulted in all of the following EXCEPT
State criminal codes were replaced by federal criminal codes.
Which of the following scenarios would most likely be considered a violation of the Fourth Amendment?
A suspect's property is searched before a warrant is issued.
In Roe v. Wade (1973), the majority of Supreme Court justices determined that:
The United States Constitution implies a right to privacy and thus made abortions legal in the first trimester.
The Bill of Rights from the beginning only protected our civil liberties from being infringed by the national government. This Supreme Court decision made clear that the rights contained in the first ten amendments did not apply to the states.
Barron v. Baltimore (1833)
Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?
A man who was arrested for waving a Nazi flag at a rally
Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions and property against arbitrary government interference. Which of the following would be an example of arbitrary governmental interference?
A law establishing a religious test for civic participation.
The extension of the Bill of Rights to the States is called
Selective incorporation
"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer.
"The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of
hacks are regular people, not criminals."
-Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times,October 9, 2016
Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden?
The Fourth Amendment in the Bill of Rights
"In the First Amendment, the Founding Fathers gave the free press
the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government."
-Justice Hugo Black
Based on the text, which of the
following statements would the author most likely agree with?
There should be a "heavy presumption against prior restraint" of freedom of speech.
"Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even
though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?"
-Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963.
Which of the following statements best explains Martin Luther King's argument regarding democratic participation in the above excerpt?
A law affecting African Americans is unjust if they had no part in creating it as a result of being denied the right to vote.
Gideon v. Wainwright (1963) made certain the right to an attorney. The government must provide legal counsel not only in federal cases but also in state cases. This landmark case was rooted in the
The Sixth Amendment
In 2013, Edward Snowden
released classified information showing that the National Security Agency (NSA) was conducting massive surveillance program by collecting data from major cell phone providers.
Which of the following amendments provides the basis for the accusation of unconsitutional action by the NSA?
The Fourth Amendment
"National security and privacy are not mutually exclusive. They can both be accomplished through
responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans."
A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015
Based on the text, which of the following statements would Senator Lankford most likely agree with?
The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security.
Which of the following conclusions can be made from the information presented in the graphic above?
Younger people are more likely to support restrictions on speech than older people.
Two clauses of the First Amendment deal with our religious liberty. They are
Free exercise and establishment
Which of the following is an accurate comparision of the two Supreme Court cases?
Comparison C
The first Congress added a Bill of Rights to the original Constitution. The Bill of Rights was added to increase the loyalty of the people. What fundamental worry did the Bill of Rights address?
A national government that was too strong.
Based on previous rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment?
Choose 1 answer:
A state law criminalizes intermarriage between white and black citizens
The primary goal of the Bill of Rights when it was ratified was to
Limit the power of the central government
Which of the following statements accurately summarizes the decision in New York Times Co. v. United States (1971)?
The government violated the First Amendment and could not stop the newspaper from publishing its article.
The Bill of Rights were added to our U.S. Constitution primarily to
Protect individual liberties and rights
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases extended privacy rights to include a woman's right to choose an abortion?
Roe v. Wade (1973)
"The Second Amendment was adopted to protect the
right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate
private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution."
Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008)
People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?
McDonald v. City of Chicago (2010)
Some have called the passage of the Fourteenth Amendment as equivalent to having a second constitutional convention. The national government assumed more authority over state and local governments. What governing principles were advanced with the passage of the Fourteenth Amendment?
Due process and equal protection
The police entered Tom's apartment without a legal warrant based upon an informant's tip that illegal drugs were present. Drugs were found. At trial the judge agreed with Tom's attorney who claimed the evidence was inadmissible. What legal principle did the judge base her opinion on?
The exclusionary rule
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases extended our fundamental liberties by equating free speech with symbolic speech?
Tinker v. Des Moines (1969)
Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?
A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law
"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State."
-Thomas Jefferson, letter to the Danbury Baptist Association, 1802
Supporters of Jefferson's view that the legislature should "make no law respecting an establishment of religion" could point to which of the following cases?
Engle v. Vitale (1962)
"No union is more profound than
marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them
that right."
-Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015)
Based on the text, which of the following statements would the author most likely agree with?
Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses
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