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Which figure is most closely associated with the idea that the First Amendment protects the "marketplace of ideas"?


A) John Marshall
B) Oliver Wendell Holmes
C) Earl Warren
D) Antonin Scalia
E) Thurgood Marshall

F) A) and C)
G) None of the above

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Conflicts over whether public schools should be allowed to assign reading from the Bible and lead nondenominational prayers are examples of


A) disagreements about the meaning of selective incorporation.
B) disagreements about the meaning of the establishment clause.
C) disagreements about the applicability of prior restraint.
D) disagreements about the applicability of the exclusionary rule.
E) disagreements about the meaning of eminent domain.

F) A) and E)
G) B) and E)

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Why did the Supreme Court rule that the Religious Freedom Restoration Act was unconstitutional?


A) The Court argued that the Constitution forbids the establishment of official or unofficial religions.
B) The Court argued that peyote smoking is illegal,even if it is for religious reasons.
C) The Court argued that Congress had violated the separation of powers principle.
D) The president did not formally sign the act.
E) The Court argued that the act unnecessarily limited an individual's right to believe and practice whatever religion he or she chooses.

F) C) and D)
G) A) and E)

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The substantive constraints found in the Bill of Rights


A) put limits on what government shall and shall not have the power to do.
B) define how the government is supposed to act.
C) define when the government is supposed to act.
D) discuss why the government is or is not supposed to do something.
E) define which powers each branch of government possesses.

F) B) and E)
G) A) and C)

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The case of Gideon v.Wainwright established the right


A) to counsel in felony cases.
B) against self-incrimination.
C) to be warned of your rights at the time of arrest.
D) against suspicionless searches and seizures.
E) to an open trial before a judge.

F) A) and B)
G) A) and C)

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Describe some of the rights of the accused that are found in the Bill of Rights.What is the exclusionary rule? What are Miranda rights? Why are the rights of the accused so essential to the due process of law?

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Some of the rights of the accused that a...

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What did the Supreme Court decide in Kelo v.City of New London (2005) ?


A) Police officers must have probable cause before searching someone loitering on the street.
B) A city can seize land from private owners and transfer it to another private owner as part of a redevelopment program.
C) Individuals have restricted rights to free speech when they are on the property of private shopping malls.
D) City governments cannot establish their own school districts.
E) Using trained police dogs to look for drugs in cars stopped at roadblocks is unconstitutional.

F) C) and D)
G) B) and D)

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B

The Terri Schiavo case was an example of


A) the controversy surrounding the so-called right to die.
B) the limits of the Fourth Amendment.
C) selective incorporation of the Bill of Rights.
D) the Supreme Court's difficulty in defining "cruel and unusual punishment."
E) the difference between the establishment clause and the free exercise clause.

F) A) and C)
G) All of the above

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The Supreme Court's decision in West Virginia State Board of Education v.Barnette was significant because it


A) endorsed the free exercise of religion even when it is offensive to the beliefs of the majority.
B) allowed the use of tax-supported vouchers for religious schools.
C) established a constitutional right to privacy.
D) prohibited suspicionless searches of high school students.
E) banned prayers in public schools.

F) A) and C)
G) B) and C)

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In Lawrence v.Texas (2003) ,the Supreme Court ruled that


A) there was no constitutional right to physician-assisted suicide.
B) laws criminalizing gay sexual behavior are a violation of the right to privacy.
C) states may compel a 48-hour waiting period before permitting a woman to have an abortion.
D) mandatory locker searches in public schools did not violate the Fourth Amendment.
E) states may require background checks for all individuals purchasing a firearm.

F) A) and D)
G) A) and E)

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The constitutional basis for the nationalization of the Bill of Rights is


A) the First Amendment.
B) the Tenth Amendment.
C) the Fourteenth Amendment.
D) Plessy v.Ferguson.
E) Roe v.Wade.

F) B) and D)
G) A) and B)

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Which of the following statements best describes the impact of the Fourteenth Amendment?


A) The addition of the Fourteenth Amendment immediately forced state governments to abide by all of the provisions in the Bill of Rights.
B) The addition of the Fourteenth Amendment had no effect whatsoever on state governments because it was designed to address the federal government.
C) The addition of the Fourteenth Amendment eventually forced state governments to abide by almost every provision in the Bill of Rights,but the process took over one hundred years.
D) The addition of the Fourteenth Amendment required states to immediately abide by the First Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.
E) The addition of the Fourteenth Amendment required states to immediately abide by the Tenth Amendment to the Constitution but not to any of the other amendments in the Bill of Rights.

F) All of the above
G) A) and E)

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The Fourth Amendment protects against


A) cruel and unusual punishment.
B) unreasonable searches and seizures.
C) self-incrimination.
D) quartering military troops in private homes.
E) prior restraint.

F) B) and E)
G) None of the above

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A woman's constitutional right to an abortion was established in


A) Mapp v.Ohio (1961) .
B) Gideon v.Wainwright (1963) .
C) Griswold v.Connecticut (1965) .
D) Miranda v.Arizona (1966) .
E) Roe v.Wade (1973) .

F) B) and C)
G) B) and D)

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E

If a person were imprisoned in the United States without an open trial before a judge,this action would


A) infringe upon the principle of selective incorporation.
B) constitute an ex post facto law.
C) undermine the Lemon test.
D) violate the right of habeas corpus.
E) defy the exclusionary rule.

F) B) and C)
G) A) and B)

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Since 1973,the right to an abortion has been


A) upheld and expanded.
B) upheld but narrowed in scope.
C) overturned by the Supreme Court.
D) unchanged because the Supreme Court has not heard another case involving abortion.
E) repealed by a constitutional amendment.

F) B) and C)
G) B) and E)

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The first and most famous test for determining when the government could intervene to suppress political speech was called the


A) speech plus test.
B) clear and present danger test.
C) strict scrutiny test.
D) Lemon test.
E) imminent lawless action test.

F) A) and B)
G) B) and C)

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Freedom of speech and of the press have a special place in American democracy because


A) free and open debate is an essential mechanism for determining the quality and validity of competing ideas.
B) they are the only liberties explicitly mentioned in the Bill of Rights.
C) they were the last provisions in the Bill of Rights to be incorporated through the due process clause of the Fourteenth Amendment.
D) they have never been restricted by any law in the history of the United States.
E) they were the only liberties explicitly mentioned in Article I of the Constitution.

F) A) and C)
G) B) and D)

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When the government blocks the publication of material it does not want released,this is known as


A) sedition.
B) speech plus.
C) prior restraint.
D) clear and present danger.
E) libel.

F) None of the above
G) C) and D)

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The Supreme Court has ruled that the death penalty is a violation of the Eighth Amendment.

A) True
B) False

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False

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