POLITICAL SCIENCE & CIVIC EDUCATION

POLITICS, SOCIETY, & THE SOVEREIGN STATE

Website of Dr. Almon Leroy Way, Jr.


TESTS & EXAMINATIONS -- GOVERNMENT & POLITICAL SCIENCE
MULTIPLE-RESPONSE TEST & EXAMINATION EXERCISES
THAT ARE LIKELY TO BE FOUND ON --

Civil Service Examinations, National Teacher Examinations,
State Teacher Competency Tests, College Entrance Exams,
Graduate Record Exams, Law School Entrance Exams, &
Political Science Course Tests & Examinations --
With Answers

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AMERICAN GOVERNMENT & CONSTITUTIONAL LAW -- CIVIL LIBERTIES


"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." This clause of the Constitution of the United States is located in -- A. Article III, Section 1;  B. Amendment 14, Section 1;  C. Amendment 15, Section 1;  D. Article I, Section 7;  E. Amendment 27, Section 1.
[Correct Response: B]

The term "civil liberties" refers to -- A. the basic rights and liberties of the individual guaranteed and protected by the Constitution;  B. the fundamental rights of all persons in civil society, rights which cannot be legally denied by government action;   C. limitations on the power of government in support of individual freedom;  D. all of the above;  E. none of the above.
[Correct Response: D]

Examples of civil liberties include -- A. the rights of persons accused of crime;  B. the right to equal protection of the laws;  C. freedom of conscience, religion, and expression;  D. all of the above;  E. none of the above.
[Correct Response: D]

Legal privileges are -- A. granted by legislative statute;  B. guaranteed by the United States Constitution;  C. granted by an executive agency operating under and implementing statutory law;  D. A and B above;  E. A and C above.
[Correct Response: E]

Examples of legal privileges include the right to -- A. a license to drive an automobile on public roads, highways, and streets;   B. welfare payments; C. a license to teach, preach, or practice law or medicine;  D. any of the above;  E. none of the above.
[Correct Response: D]

Once a legal privilege is granted -- A. the individual person covered by the relevant law and executive decision has a legal right to the privilege granted;  B. the individual person covered by the applicable law and executive decision cannot legally be denied the privilege, except for an unreasonable reason;  C. the individual person covered by the pertinent law and executive decision cannot legally be denied the privilege, except for a reasonable cause specified by a reasonable law;  D. A and B above are true;  E. A and C above are true.
[Correct Response: E]

The fundamental rights of the individual protected by Article I, Section 9, of the U.S. Constitution -- A. are guarantees against infringement by Congress;  B. are guarantees against infringement by the states and local communities;  C. include the rights to freedom of speech and the press; D. comprise a comprehensive, all-inclusive declaration of rights;  E. include the rights to peaceable assembly and to petition the government for a redress of grievances.
[Correct Response: A]

The basic rights protected by Article I, Section 9, of the Federal Constitution include the rights of the individual person to -- A. a writ of habeas corpus in criminal proceedings against him during time of internal peace and domestic order;  B. protection against bills of attainder;  C. immunity from ex post facto laws;  D. all of the above;  E. none of the above.
[Correct Response: D]

Basic individual rights protected by Article I, Section 10, of the U.S. Constitution -- A. are guarantees against infringement by the national government;  B. are guarantees against infringement by state and local governments;  C. include immunity from bills of attainder and ex post facto laws;  D. include the right to a writ of habeas corpus under any and all conditions;  E. are characterized by B and C above. [Correct Response: E]

An ex post facto law -- A. makes a person subject to criminal prosecution for committing an act at a time when the act was not a crime;  B. prohibits government officeholders from retroactively applying new criminal laws;  C. grants the legislature authority, in the absence of a judicial trial, to pass a resolution declaring an individual guilty of a crime and meting out punishment;  D. allows government censorship of subversive literature and publications; E. does none of the above.
[Correct Response: A]

A writ of habeas corpus -- A. protects a person from forced self-incrimination;  B. is a court order directing a government official who has a person in custody to bring the prisoner to court and to show cause for his detention; C. authorizes arbitrary arrest and imprisonment of persons unwilling or unable to pay their just debts;  D. authorizes the government to confiscate private property without compensation;  E. is a court order issued to compel or restrain performance of an act by an individual or public official.
[Correct Response: B]

A bill of attainder -- A. is a legislative statute which prohibits actions that incite armed rebellion against duly established government;  B. erects a wall of separation between government and religion;  C. is a resolution passed by the legislature declaring a person to be guilty of a crime and setting the punishment the person is to receive; D. protects commercial speech against governmental interference;  E. empowers government to take over private property, provided that the property is taken for a public purpose and that just compensation is granted.
[Correct Response: C]

The First Amendment to the U.S. Constitution denies Congress the authority to pass laws -- A. respecting an establishment of religion or prohibiting the free exercise of religion;  B. abridging freedom of speech or of the press;  C. abridging the right of the people peaceably to assemble;  D. abridging the right of the people to petition the government for a redress of grievances;   E. doing any of the above.
[Correct Response: E]

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The foregoing provision of the Federal Constitution is -- A. Article I, Section 9;  B. the Fourth Amendment; C. Article I, Section 10;  D. the Fifth Amendment;  E. the Sixth Amendment.
[Correct Response: B]

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The foregoing provision of the U.S. Constitution is -- A. Article I, Section 9;  B. the Fourth Amendment;  C. the Fifth Amendment;  D. the Sixth Amendment;  E. the Eighth Amendment.
[Correct Response: C]

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." The foregoing provision of the U.S. Constitution is -- A. Article I, Section 9;  B. the Fourth Amendment;  C. the Fifth Amendment;  D. the Sixth Amendment;  E. the Eighth Amendment.
[Correct Response: D]

The constitutional right to trial by jury in federal criminal cases is guaranteed in -- A. Article III, Section 2, Clause 3;  B. the Fifth Amendment;  C. the Sixth Amendment;  D. A and B above;  E. A and C above.
[Correct Response: E]

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The foregoing provision of the U.S. Constitution is -- A. Article I, Section 9;  B. the Fourth Amendment;  C. the Fifth Amendment;  D. the Sixth Amendment;  E. the Eighth Amendment.
[Correct Response: E]

The guarantee in the Fifth Amendment that a person who has been tried for a crime and found not guilty will not be tried again for the same criminal act is called the -- A. Due Process Clause;  B. Eminent Domain Clause;  C. Double Jeopardy Clause;   D. Equal Rights Clause;  E. Public Trial Clause.
[Correct Response: C]

In 1791, when the constitutional amendments comprising the Federal Bill of Rights (First Ten Amendments) were ratified and became parts of the U.S. Constitution, they applied as restrictions on the authority of -- A. the national government only;  B. both the national government and the states;  C. the states only;  D. the local communities only;  E. none of the above.
[Correct Response: A]

In 1868, when the Fourteenth Amendment was ratified and became a part of the Federal Constitution, the Due Process Clause in the Fourteenth Amendment applied as a limitation on the power of -- A. the national government only;  B. the state and local governments only;  C. the national government as well as that of the states and their local subdivisions; D. privately owned businesses involved in interstate commerce;  E. none of the above.
[Correct Response: B]

Beginning in the 1930s and continuing at an accelerated pace during the 1960s, the U.S. Supreme Court -- A. in case after case, selectively incorporated provision after provision of the Federal Bill of Rights into the Fourteenth Amendment Due Process Clause;  B. gradually imposed on the states and their local subdivisions all provisions of the first ten federal constitutional amendments, except those of the Fourth, Fifth, Sixth, and Eighth Amendments;  C. gradually imposed on the state and local governments all provisions of the first ten amendments; D. rendered a series of decisions which made the state courts the most important protectors of civil liberties in the U.S.A.;  E. did none of the above.
[Correct Response: A]

In Everson v. Board of Education (1947), the U.S. Supreme Court held that the First Amendment Establishment Clause -- A. creates a wall of separation between church and state;  B. prohibits any law or other governmental action designed to benefit religion, unless all religions are treated the same under that law or governmental action;  C. permits creation of a national church supported by funds drawn from the United States Treasury; D. allows the states and their local subdivisions to provide public financial support for particular religious denominations specified by state law;  E. does none of the above.
[Correct Response: A]

The U.S. Supreme Court has ruled that the First Amendment Establishment Clause -- A. prevents government from accomodating the religious needs of the people;  B. permits active involvement of government in religious matters;  C. allows government to accomodate the religious needs of the people;  D. permits government sponsorship of religion;  E. legitimizes government financial support of religion.
[Correct Response: C]

In interpreting the Establishment Clause in the First Amendment, the U.S. Supreme Court has ruled that governmental actions amounting to unconstitutional "establishment of religion" include -- A. government sponsorship of religion;  B. government financial support of religion;  C. active involvement of government in religious matters;  D. all of the above;  E, none of the above.
[Correct Response: D]

In Lemon v. Kurtzman (1971), the U.S. Supreme Court ruled that a law or other government action, to avoid being invalidated as an unconstitutional establishment of religion, must -- A. have a secular purpose;  B. neither advance nor inhibit religion;   C. avoid excessive government entanglement with religion;  D. be characterized by all of the above;  E. have a clearly religious purpose.
[Correct Response: D]

Following the Lemon Test, the U.S. Supreme Court will declare unconstitutional and null and void a statute impacting on religion, unless it -- A. has a secular purpose;  B. neither advances nor inhibits religion;  C. avoids excessive government entanglement with religion;  D. is characterized by all of the above;  E. has a clearly religious purpose.
[Correct Response: D]

According to the Endorsement Test, the Establishment Clause forbids governmental practices which -- A. any person would view as endorsing religion;  B. a reasonable person would see as endorsing religion, provided government coercion is clearly involved in the endorsement;  C. a reasonable person would view as endorsing religion, even if there is no coercion;  D. a reasonable persion would view as having no effect upon religion;  E. impact on a religious denomination's denial of sexual orientation rights to its members.
[Correct Response: C]

A city government displayed the nativity scene on the steps of the city hall. When the federal constitutionality of the city government's action was challenged, the U.S. Supreme Court held that -- A. the Establishment Clause, in the particular context, prohibited the city's display of the navity scene on the steps of city hall;  B.there was no violation of the Establishment Clause;  C. in the given context, the city gave the impression that it was endorsing the display's religious message; D. B and C above were true;   E. A and C above were true.
[Correct Response: E]

A city displayed a navity scene in a shopping district, along with Santa's house and other secular and religious symbols of the Christmas season. When the federal constitutionality of the city's action was challenged, the U.S. Supreme Court held that -- A. the action of the city was unconstitutional;  B. no violation of the Establishment Clause was involved;  C. there was little danger that a reasonable person would conclude that the city was endorsing religion;  D. A and B above were true; E. B and C above were true.
[Correct Response: E]

In Engel v. Vitale (1962), the U.S. Supreme Court ruled that the Establishment Clause -- A. forbids prayer in the public schools;  B. prohibits sponsorship of school prayer by public school authorities;  C. permits encouragement of school prayer by public school authorities;  D. allows devotional reading of the Bible in public schools;  E. permits posting the Ten Commandments on classroom walls in public schools.
[Correct Response: B]

The U.S. Supreme Court has ruled that the Establishment Clause prohibits state governments, state universities and colleges, and public school districts from introducing devotional exercises into -- A. the curricula of tax-supported educational institutions;   B. the extracurricular activities of tax-supported educational institutions;  C. the graduation ceremonies of tax-supported educational institutions;  D. all of the above;  E. none of the above.
[Correct Response: D]

The U.S. Supreme Court has ruled that, at church-related colleges and universities, tax funds may -- A. not be used to construct buildings or operate educational programs;  B. not be used for the benefit of students planning to attend theological seminaries and study for the ministry or priesthood;  C. be spent directly on buildings used for religious purposes and on teaching religious subjects; D. be used to construct buildings and operate educational programs, as long as the money is not spent directly on buildings used for religious purposes or on teaching religious subjects;  E. be spent for all activities and facilities relating to the educational, teaching, and other functions of the institution.
[Correct Response: D]

The U.S. Supreme Court has ruled constitutionally permissible use of tax funds to provide students attending church-related elementary and secondary schools with -- A. lunches and standardized tests;  B. diagnostic services for speech and hearing problems;  C. transportation to and from schools;  D. all of the above;  E. none of the above.
[Correct Response: D]

The U.S. Supreme Court has ruled that a state may -- A. require the teaching of "creation science" in its public schools;  B. forbid the teaching of evolution in its public schools;  C. not employ chaplains for the state legislature;  D. not allow tax exemption for church properties;  E. not prohibit the teaching of evolution in its public schools or require the teaching of "creation science."
[Correct Response: E]

The U.S. Supreme Court has ruled constitutionally permissible -- A. state tax credits or deductions available only to parents of children attending private elementary and secondary schools;  B. use of tax funds to provide textbooks to students attending church-related elementary and secondary schools which deny admission because of race or religion;  C. state tax credits or deductions available to parents of children attending elementary and secondary schools, private or public;  D. tax funds used in church-affiliated elementary and secondary schools to purchase equipment and pay teachers' salaries;  E. public school authorities allowing religious leaders to come into public school buildings during the school day to provide religious instruction, with students attending their classes on a voluntary basis.
[Correct Response: C]

The U.S. Supreme Court has ruled constitutionally permissible -- A. assignment of a sign-language interpreter, paid for by public funds, to accompany a deaf child to a parochial school;  B. use of tax funds in religious schools to produce teacher-prepared tests;  C. public funds used in church-related elementary and secondary schools to repair facilities and transport students on field trips;  D. all of the above;  E. none of the above.
[Correct Response: A]

Under the First Amendment Free Exercise Clause and the Article VI Religious Test Clause, the U.S. national government is prohibited from -- A. compelling a person to accept any religious creed or theological position;  B. denying a person any legal right or privilege because of his or her religious beliefs or lack of them;  C. requiring religious oaths as a condition of government employment;  D. making religious oaths a prerequisite to running for elective government office;  E. doing any or all of the above.
[Correct Response: E]

As currently construed by the U.S. Supreme Court, the First Amendment Free Exercise Clause -- A. protects against government infringement of the right to hold particular beliefs;  B. protects against government infringement of the right to practice a religion;  C. provides less protection for the right to hold particular religious beliefs than for the right to practice a religion;  D. does A and B above;  E. does B and C above.
[Correct Response: D]

Under the current rule of law, the U.S. Supreme Court will uphold a law alleged to infringe on religious practices if -- A. the government provides some compelling public purpose to justify the law that might infringe upon somebody's practice of religion;  B. the law does not single out and ban religious practices because they are engaged in for religious reasons; C. the law which the particular level of government sought to enforce was the least restrictive means of furthering a compelling government interest;  D. the law does not apply to conduct that is religiously inspired; E. all of the above are true.
[Correct Response: B]

In Gitlow v. New York (1925), the U.S. Supreme Court ruled that -- A. the "liberty" protected by the Fourteenth Amendment Due Process Clause includes freedom of speech and the press;  B. the U.S. Constitution protects freedom of speech and the press from abridgement by the national government only;  C. the "liberty" protected by the Fourteenth Amendment Due Process Clause should be interpreted narrowly to include only the protection of the laws, access to the courts, opportunity to sue and be sued, and similar rights;  D. the emancipated slaves and their descendents are not legally entitled to due process protection;  E. voting rights must be extended to aliens legally residing in the U.S.A.
[Correct Response: A]

Under the constitutional tests currently employed by the U.S. Supreme Court -- A. laws must not allow the executive agencies and officers enforcing the laws so much discretion that they could discriminate against persons and groups whose views they dislike;  B. laws must not be so vague that persons are afraid to exercise constitutionally protected rights; C. the Court declared unconstitutional a state statute prohibiting sacreligious movies and publications of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and depraved crimes;  D. A legislature, even for an important reason, may not pass a law that impinges on First Amendment freedoms, if there are other, less drastic ways to handle the problem;  E. all of the above are true.
[Correct Response: E]

Under the Prior Restraint Doctrine, the U.S. Supreme Court -- A. is most suspicious of laws requiring government censorship of expressive materials prior to publication;  B. has been strongly inclined to invalidate federal statutes and executive decisions relating to military and national-security matters; C. declared unconstitutional an attempt of public high school authorities to exercise control over the style and content of a student newspaper;  D. declared that governmentally imposed prior restraint on expression comes to the Court with a heavy presumption in favor of its constitutionality;  E. ruled that government has unrestricted authority to require its review and approval before a speech may be made, a motion picture may be shown, or a newspaper may be published.
[Correct Response: A]

Under constitutional tests currently employed by the U.S.Supreme Court, laws likely to be upheld as constitutional are those that -- A. regulate some kind of speech, but not others;  B. regulate speech expressing some views, but not others;  C. regulate speech, but are content-neutral and viewpoint-neutral;  D. forbid posting on telephone poles handbills which advocate racism or sexism;  E. prohibit posting of Muslim handbills on telephpne poles.
[Correct Response: C]

The U.S. Supreme Court is likely to rule constitutionally impermissible a statute -- A. forbidding advertisement of anything illegal;   B. prohibiting false and misleading commercial advertising;  C. forbidding false and misleading political advertising;  D. regulating time, place, and manner of speech and applying the regulations to all kinds of speech and to all views;  E. doing any of the above.
[Correct Response: C]

The U.S. Supreme Court has held that -- A. laws calling for submission of motion-picture films to a government review board are constitutional only if there is a prompt judicial hearing;  B. the burden is on the government to prove to the court that the particular film in question is obscene;  C. in all cases, the government's prior censorship of films to prevent the showing of obscenity is unconstitutional;  D. A and B above are true;  E. B and C above are true.
[Correct Response: D]

Under the U.S. Supreme Court's interpretation of the First Amendment Free Speech Clause -- A. journalists have the constitutional right to withhiold information from grand juries and legislative investigating committees;  B. journalists have the constitutional right to use false identities to enter food markets, child care centers, and homes for the mentally ill in order to expose racial discrimination, employment discrimination, and financial fraud;  C. Congress and the state legislatures may enact statutes granting journalists the right to withhold information from governmental bodies;  D. the press and the public have no constitutional right to be present at criminal trials;  E. none of the above are true.
[Correct Response: C]

In Miller v. California (1973), the U.S. Supreme Court ruled that a work may be considered legally obscene if -- A. the average person, applying the contemporary standards of the particular community, would find that the work, taken as a whole, appeals to a prurient interest in sex;  B. the work depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable law or by the applicable law authoritatively construed;  D. the work is pornographic in any form and to any degree;  E. all of the above, excepr D, are true.
[Correct Response: E]

As regards the matter of freedom of expression and use of the United States mails, the U.S. Supreme Court -- A. upheld the constitutionality of a federal statute directing the Postmaster General to detain foreign mailings of Communist propaganda and deliver these materials only upon the addresee's request;  B. upheld a federal statute authorizing postal authorities to exclude from the mails materials they consider obscene;  C. ruled that government censorship of the mail is unconstitutional;  D. ruled that household censorship of the mail is unconstitutional;  E. has done none of the above.
[Correct Response: C]

The U.S. Supreme Court -- A. uphold the constitutionality of a federal statute imposing a total ban on obscene and sexually oriented indecent commercial telephone messages to any person, whatever his or her age;  B. ruled that the government may legitimately use the content of x-rated movies as the basis for placing them in a different classification from other motion pictures;  C. held that sexually explicit materials about or aimed at minors are protected by the First Amendment;  D. ruled that the public interest in protecting children and underage adolescents from harmful materials justifies the government's doing so in a manner that results in broad suppression of speech addressed to adults;  E. did none of the above.
[Correct Response: B]

In Brandenburg v. Ohio (1969), the U.S. Supreme Court ruled that -- A. people are free to work for their political objectives, unless they refuse to abandon advocacy of the use of force and violence;  B. Congress and the state legislatures may make it a crime to urge others to believe in the violent overthrow of government;  C. advocacy of the use of force may not be forbidden, except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;   D. the use of fighting words is a right protected by the First Amendment;  E. the constitutional right to assembly and association extends to meetings which lead to breach of the peace and resistance to lawful authority.
[Correct Response; C]

In Yates v. United States (1957), the U.S. Supreme Court ruled that -- A. neither Congress nor any state or local government may outlaw advocacy of the abstract doctrine of violent overthrow of the government;  B. the First Amendment protects the right of persons to engage in action which incites armed rebellion against the duly established government;  C. the people have a constitutionally protected right to engage in attempts and conspiracies to overthrow the government by force and violence; D. the First Amendment protects persons attempting or conspiring to interrupt the government's activities by sabotage, assassination of public officials, acts of terrorism, or other acts of force and violence;  E. both seditious action and seditious speech fall within the area of expressive activities protected by the U.S. Constitution.
[Correct Response: A]

Under the current rule of law -- A. civil disobedience is a constitutionally protected right;  B. state courts may issue injunctions that keep anti-abortion protesters outside of a reasonable buffer zone abound abortion clinics;  C. state court injunctions issued against anti-abortion protest demonstrations, because of prior unlawful conduct of the protesters, are unconstitutional;  D. state and local governments may take action against anti-abortion protest demonstrations in front of abortion clinics, regardless of the burden it places upon speech;  E. none of the above are true.
[Correct Response: B]

Under the current rule of law regarding freedom of assembly and governmental authority to make and enforce reasonable time, place, and manner regulations -- A. regulations applying to traditional public forums must be enforced evenhandedly and government action must not be motivated by what is being said, rather than how and where and by whom it is being said;  B. viewpoint may be constitutionally made the basis of distinguishing between those allowed and those not allowed access to limited public forums;   C. as long as people use nonpublic forums within the normal bounds of conduct, they may not be constitutionally restrained from doing so;  D. A and C above are true;  E. B and C above are true.
[Correct Response: D]

Under guide lines set by the U.S. Supreme Court -- A. privately owned shopping malls are neither public streets nor places of public assembly;  B. no one has a constitutional right to use a privately owned shopping mall to hand out leaflets, picket for political purposes, or otherwise exercise First Amendment freedoms;  C. states and cities may legally obligate the owners of shopping malls to permit their use for peaceful political purposes; D. all of the sbove are true;  E. none of the above are true.
[Correct Response: D]

Under the Fourteenth Amendment Equal Protection Clause, as construed by the U.S. Supreme Court, classifications established by government are reasonable and therefore constitutional when -- A. based on race, ethnicity, and national origin;  B. related to permissible governmental goals;  C. based on adherence to and active membership in the established church;  D. based on sex or gender;  E. characterized by all of the above.
[Correct Response: B]

In Brown v. Board of Education of Topeka (1954), the U.S. Supreme Court -- A. upheld the Separate but Equal Doctrine;  B. replaced the Separate but Equal Doctrine with the Inherently Unequal Doctrine;  C. ruled that racial segregation of the public schools in the states is a violation of the Equal Protection Clause;  D. did A and C above;  E. did B and C above.
[Correct Response: E]

Under the current rule of law -- A. the Equal Protection Clause guarantees equal results as well as equal laws;  B. disproportionate effects of state action are sufficient to establish a violation of the Equal Protection Clause;  C. the fact that a law has a disparate impact on a person of a different race or sex does not, by itself, establish that the law is discriminatory and unconstitutional;  D. the Equal Protection Clause ensures economic equality;  E. none of the above are true.
[Correct Response: C]

In Bolling v. Sharpe (1954), the U.S. Supreme Court declared that -- A. since the U.S. Constitution contains no Equal Protection Clause applying to the national government as a limitation on its powers, racial segregation in the public schools of the District of Columbia does not violate the Federal Constitution;  B. racial segregation in the public schools of the District of Columbia violates the Due Process Clause of the Fifth Amendment;  C. segregation of the races by the national government does not constitute an arbitrary denial of liberty;  D. if separate educational facilities are equal, the Court cannot rule that a federal statute which authorizes or even requires separation of the races in the District of Columbia public schools is an unreasonable classification and therefore unconstitutional;  E. illegal and unconstitutional means were employed to force the southern states to ratify the Fourteenth Amendment, which is therefore null and void and cannot be used as the basis of a constitutional challenge to national or state public policy.
[Correct Response: B]

The individual liberty protected by the Due Process Clauses includes the right of the individual to -- A. contract and engage in any of the common occupations of life;  B. acquire useful knowledge;  C. marry, establish a home, and bring up children;  D. do all of the above;  E. do none of the above.
[Correct Response: D]

The "liberty" protected by the Due Process Clauses includes -- A. immunity from arbitrarily being thrown into jail or prison;  B. the right of the individual to worship God according to the dictates of his or her own conscience;  C. the requirement that the government, in acting against the individual, follow proper procedures prescribed by law;  D. all of the above;  E. none of the above.
[Correct Response: D]

In each state, the state legislature prescribes the times, places, and manner of holding elections for -- A. the state legislature and other state elective offices;  B. that state's Senators and Representatives in Congress;  C. that state's presidential electors; D. all of the above;  E. none of the above.
[Correct Response: D]

In each state, the state legislature sets voter qualifications for the participants in elections to choose -- A. state elective officers, including members of the state legislature;  B. that state's Senators and Representatives in Congress;  C. that state's presidential electors;  D. all of the above;  E. none of the above.
[Correct Response: D]

Article I of the U.S. Constitution -- A. gives the legislature of each state authority to prescribe, within its own borders, the times, places, and manner of holding elections for its Senators and Representatives in Congress;  B. grants to Congress the power to supercede state regulations as to the times, places, and manner of congressional elections;  C. delegates to Congress authority to enact legislation establishing uniform national regulations that apply to all state and federal elections held in the U.S.A.;  D. does A and B above;  E. does B and C above.
[Correct Response: D]

Voting qualifications which have no reasonable relation to ability to vote and thereby deny equal protection of the laws are prohibited by the -- A. Fourteenth Amendment;  B. Fifteenth Amendment;  C. Nineteenth Amendment;  D. Twenty-fourth Amendment;  E. Twenty-sixth Amendment.
[Correct Response: A]

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude." This provision of the U.S. Constitution is located in the -- A. Fourteenth Amendment;  B. Fifteenth Amendment;  C. Nineteenth Amendment;  D. Twenty-fourth Amendment; E. Twenty-sixth Amendment.
[Correct Response: B]

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex." This provision of the U.S. Constitution is located in the -- A. Fourteenth Amendment;  B. Fifteenth Amendment; C. Nineteenth Amendment;  D. Twenty-fourth Amendment;  E. Twenty-sixth Amendment.
[Correct Response: C]

"The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or by any state by reason of failure to pay any poll tax or other tax." This provision of the U.S. Constitution is located in the -- A. Fourteenth Amendment;  B. Fifteenth Amendment;  C. Nineteenth Amendment;  D. Twenty-fourth Amendment; E. Twenty-sixth Amendment.
[Correct Response: D]

"The right of citizens of the United States, who are eighteen years of age, or older, to vote shall not be denied or abridged by the United States or by any state on account of age." This provision of the U.S. Constitution is located in the -- A. Fourteenth Amendment;   B. Fifteenth Amendment;  C. Nineteenth Amendment;  D. Twenty-fourth Amendment;  E. Twenty-sixth Amendment.
[Correct Response: E]

The authority of Congress to enact federal statutes protecting the right to vote is enhanced by the Enforcement Clauses of -- A. the Fourteenth and Fifteenth Amendments;  B. the Nineteenth Amendment;  C. the Twenty-fourth and Twenty-sixth Amendments;  D. all of the above;  E. none of the above.
[Correct Response: D]

Under the current rule of law, as embodied in the decisions of the Supreme Court in Shaw v. Reno (1993) and Abrams v. Johnson (1997) -- A. it is a legitimate goal for state legislatures to take race into account when they draw up congressional and other electoral districts in order to increase the voting strength of minorities;  B. the state legislature may constitutionally make race the overriding reason for drawing electoral district lines;  C. an electoral district must be bizarre on its face before there is a violation of the U.S. Constitution;  D. the U.S. Department of Justice is justified in its efforts to force state legislatures to create as many majority-minority electoral districts as possible;  E. if a state legislature takes race into account when drawing up electoral districts, it is in violation of the Equal Protection Clause.
[Correct Response: A]

Procedural due process requires a procedure which -- A. hears before it condemns;  B. proceeds upon inquiry;  C. renders judgement only after trial or some kind of hearing;  D. does all of the above;  E. does none of the above.
[Correct Response: D]

Substantive due process -- A. pertains to the procedures of the law;  B. places limits on what government may do;  C. pertains to the content of the law;  D. does A and B above;  E. does B and C above.
[Correct Response: E]

Substantive due process -- A. places limits on how governmental power may be exercised;  B. mainly limits the legislative branch of government; C. mainly limits the executive and judicial branches of government;  D. does all of the above;  E. does none of the above.
[Correct Response: B]

Procedural due process -- A. places limits on what government may do;  B. places limits on how governmental power may be exercised;  C. mainly limits the legislative branch of government;  D. pertains to the content of the law;  E. does none of the above.
[Correct Response: B]

The "property" protected by the Due Process Clauses includes -- A. certain kinds of licenses;  B. protection from being fired from some jobs, except for just cause;  C. according to certain procedures, protection from deprivation of certain pension rights;  D. all of the above;  E. none of the above.
[Correct Response: D]

To form the basis for recognizing the constitutional right to personal privacy, the U.S. Supreme Court put together elements from -- A. the First and Fourth Amendments;  B. the Fifth and Ninth Amendments;  C. the Fourteenth Amendment;  D. all of the above;  E. none of the above.
[Correct Response: D]

In accordance with the U.S. Supreme Court's current interpretation of substantive due process, the Court -- A. vigorously applies the Substantive Due Process Doctrine in reviewing laws regulating economic enterprises;  B. maintains that what constitutes reasonable regulations of business and commercial life is a responsibility of the legislature, not the judiciary;  C. uses the Substantive Due Process Doctrine to protect civil liberties, most especially the right of privacy;  D. does A and C above;   E. does B and C above.
[Correct Response: E]

Aspects of the right of personal privacy recognized by the U.S. Supreme Court include -- A. the right to be free from governmental surveillance and intrusion, especially in marital matters;  B. the right not to have private affairs made public by the government; C. the right to be free in thought and belief from governmental compulsion;  D. all of the above;  E. none of the above.
[Correct Response: D]

In Roe v. Wade (1972), the U.S. Supreme Court ruled that, during the first trimester of a women's pregnancy -- A. the state's interest in protecting the unborn child is so important that the state may constitutionally prohibit abortions altogether, except when necessary to preserve the life and health of the mother;  B. it is an unconstitutional invasion of the woman's liberty and privacy rights for the state to set any limits on her choice to have an abortion;  C. the state may constitutionally make reanonable regulations regarding how, where, and when abortions may be performed;  D. the states's interest in protecting the health of women becomes compelling;  E. none of the above are true.
[Correct Response: B]

In Roe v. Wade (1972), the U.S. Supreme Court ruled that, during the third trimester of a woman's pregnancy -- A. state regulation of abortions is an unreasonable and therefore unconstitutional interference with the woman's liberty and privacy rights;  B. the life of the fetus outside the womb is not yet viable;  C. the state's interest in protecting the unborn child is so important that the state may constitutionally prohibit abortions altogether, except when necessary to preserve the life and health of the mother;  D. it is an unconstitutional invasion of the woman's liberty and privacy rights for the state to set any limits on her choice to have an abortion; E. none of the above are true.
[Correct Response: C]

In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) and subsequent cases, the U.S. Supreme Court has ruled that -- A. the right to have an abortion prior to viability is subject to state regulation, as long as such regulations imposed by a state do not unduly burden the right;  B. a state may constitutionally prohibit the use of state funds and facilities for performing abortions; C. a state may constitutionally make a minor's right to an abortion conditional on her first notifying at least one parent or a judge; D. all of the above are true;  E. none of the above are true.
[Correct Response: D]

In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) and subsequent cases, the U.S. Supreme Court has ruled that a state may constitutionally -- A. make reasonable regulations on how a woman exercises her right to an abortion, so long as the state does not prohibit the woman from making the ultimate decision to terminate her pregnancy before viability;  B. condition a woman's right to an abortion on her first notifying her husband;  C. condition an abortion on a 24-hour waiting period, during which the women is subject to a thoroughgoing police investigation and interrogation;  D. do all of the above;  E. do none of the above.
[Correct Response: A]

As regards the current rule of law governing sexual orientation rights, the U.S. Supreme Court has -- A. extended the right of privacy to relations between homosexuals;  B. ruled that whether the homosexual conduct occurs in the privacy of the home is a critical factor in determining the federal constitutionality of a state law prohibiting such conduct;  C. refused to declare unconstitutional a Georgia law which made consensual sodomy, as practiced by homosexuals, a crime;  D. upheld a provision of the Colorado Constitution which prohibited any legislative, executive, or judicial action at any level of Colorado state or local government designed to protect homosexuals;  E. done none of the above.
[Correct Response: C]

As regards compulsory drug testing, the U.S. Supreme Court has upheld the constitutionality of -- A. blood and urine tests of railroad employees involved in train accidents;  B. random testing of high school students engaged in interscholastic competitions;   blood and urine tests of U.S. customs officials who are directly involved in drug interdiction and are required to carry firearms;   D. all of the above;  E. none of the above.
[Correct Response: D]

Under the U.S. Constitution, Congress -- A. is absolutely forbidden to suspend the right to a writ of habeas corpus;  B. has wide discretion in deciding whether to suspend the right to a writ of habeas corpus;  C. may not suspend the right to a writ of habeas corpus, unless when, in cases of rebellion or invasion, the public safety may require it;  D. possesses full authority to authorize arbitrary arrest and imprisonment of persons criticizing the official conduct of U.S. Senators and Representatives;  E. may pass bills of attainder and ex post facto laws.
[Correct Response: C]

Under the Fourth Amendment, as currently interpreted by the U.S. Supreme Court -- A. arrest of a person in a public place requires a bench warrant issued in advance of the arrest;  B. usually, probable cause justifies warrentless arrests of persons in their homes;   C. the police may arrest a person without a warrant in a public place, provided there is probable cause;  D. any time the police stop a person to ask questions and seek his consent to a search of his person and possessions, there is a seizure or detention requiring probable cause or a warrant;  E. all administrative searches require search warrants.
[Correct Response: C]

A preliminary hearing is -- A. a trial to determine guilt or innocence of the person arrested;  B. an examination of the evidence or issues of law to determine whether the case will be heard by a grand jury;  C. a proceeding at which a decision is made as to whether to officially charge the detained suspect with commission of a crime and order him bound over for trial;  D. a sentencing proceeding for a person convicted of a crime;  E. none of the above.
[Correct Response: B]

The prosecutor draws up a resolution formally accusing a person of having committed a crime, goes before a grand jury, presents the resolution and supporting evidence, and urges the grand jury to approve and adopt the resolution. If the grand jury, by majority vote, approves and adopts the resolution, it becomes -- A. an indictment;  B. a conviction;  C. a true bill;  D. A and C above;  E. B and C above.
[Correct Response: D]

The body which, during a criminal trial, hears testimony and then decides whether the accused is guilty or not guilty of the crimes with which he is charged is called a -- A. grand jury;  B. petit jury;  C. military commission;  D. hanging jury;  E. popular tribunal.
[Correct Response: B]

Under U.S. national law -- A. twelve-member trial juries are required in federal criminal trials;  B. the decision of the trial jury in a federal criminal trial is arrived at by simple majority vote;  C. a person accused of a federal crime is not allowed to waive his right to a jury trial; D. members of the trial jury in a federal criminal trial are selected from the nation at large; E. members of all federal trial juries are appointed by the U.S. Attorney General, subject to presidential approval.
[Correct Response: A]

To protect persons on trial from inflamatory publicity, the U.S. Supreme Court has -- A. established strict rules to determine what the news media may report about criminal trials pending and in process;  B. ordered new trials on the grounds that defendants were denied fair trials, due to pre-trial publicity;  C. instructed judges to impose sanctions on prosecutors and police;  D. has done A and B above;  E. has done B and C above.
[Correct Response: E]

In pursuing America's approach to the problem of conflict between the right to freedom of the press and the right to a fair trial in criminal prosecutions -- A. judges do not hesitate to punish newspapers that comment on pending criminal proceedings;  B. strict rules determine what the news media may report; C. the U.S. Supreme Court has overturned convictions and ordered new trials;  D. prior restraint on the news media is emphasized;  E. the U.S. Supreme Court has instructed judges to impose sanctions on news reporters and commentators.
[Correct Response: C]

In Blau v. United States (1951), the U.S. Supreme Court held that a person being questioned under oath by a governmental body -- A. has the absolute, unconditional right to refuse to answer any and all questions on grounds that the question or questions intrude into the areas of his personal privacy;  B. has the right to decline to answer a question if he has a reasonable fear that his answer might support a criminal prosecution against him;  C. must answer all questions directed to him by the governmental body;  D. legally may be subjected to mental and/or physical torture to force him to answer the questions truthfully;  E. is under legal obligation to furnish links in the chain of evidence needed to prosecute a crime he may have committed.
[Correct Response: B]

In Mapp v. Ohio (1961), the U.S. Supreme Court ruled that -- A. any evidence obtained unconstitutionally or illegally may not be admitted into court in a criminal trial;  B. the Exclusionary rule applies to grand jury proceedings, as well as criminal trials;   C. prosecutors may not use illegally gathered evidence in attempting to establish a suspect's guilt;  D. A nan C above are true;  E. B and C above are true.
[Correct Response: D]

In Mapp v. Ohio (1961), the U.S. Supreme Court, in holding that illegally obtained evidence cannot be used in a criminal trial as part of the government's main case against persons from whom the evidence was seized, based its ruling on -- A. the Fifth Amendment provision that persons shall not be compelled to be witnesses against themselves;  B. the Sixth Amendment guarantee of the right of the defendant in a criminal prosecution to be given due notice of the nature and cause of the accusation;  C. the Fourth Amendment prohibition against unreasonable searches and seizures;  D. A and B above;  E. A and C above.
[Correct Response: E]

In Miranda v. Arizona (1966), the U.S. Supreme Court ruled that no conviction in federal or state court can stand if evidence introduced at the trial was obtained by the police during a custodial interrogation, unless the detained suspect, prior to the beginning of the interrogation, had been -- A. notified that he was free to remain silent and warned that what he did say would be taken down and could be used against him in a court of law;  B. told that he had a right to have an attorney present during questioning;  C. informed that, if he could not afford to hire his own lawyer, an attorney would be provided for him, free of charge;  D. informed of his right to terminate the police interrogation at any stage;  E. given all of the information indicated above.
[Correct Response: E]

In cases subsequent to Miranda v. Arizona (1966), the U.S. Supreme Court has ruled that -- A. all defendants must pay their own legal fees;  B. evidence contrary to the Miranda guidelines may be used to attack the credibility of defendants who offer testimony at their trials that conflicts with their statements to the police;  C. a suspect does not have the right to have an attorney present while being subjected to a police interrogation;  D. the police may subject a suspect to a prolonged interrogation, not allowing him to use the bathroom until he has answered all questions satisfactorily;  E. none of the above are true.
[Correct Response: B]

In Mincey v. Arizona (1973), the U.S. Supreme Court ruled that, in a criminal trial, admission into evidence of a coerced confession -- A. violates the Self-Incrimination Clause of the Fifth Amendment;  B. deprives a person of the right to assistance of counsel;  C. deprives a person of the right to due process and undermines the entire proceeding;  D. does all of the above;   E. does none of the above.
[Correct Response: D]

In United States v. Leon (1984), the U.S. Supreme Court ruled that -- A. in any criminal investigation or proceeding, the suspect or accused person carries the burden of proving his innocence;  B. the Exclusionary Rule applies to grand jury proceedings, as well as criminal trials;  C. the Exclusionary Rule does not apply in cases in which the police rely in good faith on a search warrant that subsequently turns out to have been granted improperly;  D. A and B above are true;  E. B and C above are true.
[Correct Response: C]

In criminal trials, the basic requirements of procedural due process, as stipulated in the Sixth Amendment, include the right of the accused to -- A. a speedy and public trial by an impartial jury;  B. be informed of the nature and cause of the accusation;  C. be confronted with the witnesses against him;  D. all of the above;  E. none of the above.
[Correct Response: D]

In criminal trials, the basic requirements of procedural due process, as stipulated in the Sixth Amendment, include the right of the accused to -- A. trial in the area where the crime was committed;  B. use of the subpoena to obtain favorable witnesses;  C. have the assistance of counsel for his defense;  D. all of the above;  E. none of the above.
[Correct Response: D]

Rights protected by the Eighth Amendment include the rights to immunity from -- A. excessive bail;  B. excessive fines;   C. cruel and unusual punishments;  D. all of the above;  E. none of the above.
[Correct Response: D]

In Graham v. Collins (1993), the U.S. Supreme Court ruled that the death penalty is not necessarily cruel and unusual punishment if -- A. the sentence is imposed for conviction of crimes that have resulted in a victim's death;  B. the procedures used by the courts ensure that death sentences are not meted out wantonly or freakishly;  C. the procedures used by the courts confer on the sentencer sufficient discretion to take into account the character and record of the individual offender and the circumstances of the particular offense;  D. all of the above are true;  E. none of the above are true.
[Correct Response: D]

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LINKS TO RELATED TOPICS:
American Government -- Constitutional System

Constitution of the United States of America

  American Constitutional Law:
Constitution of the United States of America
With Commentary & Annotations

U.S. Constitutional Law & Political Philosophy

The American Political System -- Politics &
Government in the U.S.A.:  Political Science Course

The American Constitutional System -- Origins:
English Antecedents

The American Constitutional System -- Origins:
Colonial & Early American Antecedents

The American Constitutional System -- Origins:
The Federal Constitutional Convention of 1787

The American Constitutional System -- Origins:
The U.S. Constitution -- Ratification & Adoption

The American Constitutional System -- Origins:
The U.S. Constitution -- The Scheme of National Government

The American Constitutional System -- Principal Characteristics:
Constitutionalism, Republicanism, Separation of Powers,
Checks & Balances, Legislative Bicameralism,
& Balanced Government

The American Constitutional System -- Principal Characteristics:
Federalism -- Fedural Union of States

The U.S. Constitution -- Underlying Political Theory:
The Federalist -- Selected Essays

Political Science, Philosophy, & History -- Lectures

Political Philosophy & Political Ideologies:
Competing Systems of Political Thought





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