Constitutional Law Quiz: Questions 1-10

Which clause of the Fourteenth Amendment has been the primary vehicle for applying (incorporating) most of the Bill of Rights to state governments?

• The Supremacy Clause

• The Full Faith and Credit Clause

• The Equal Protection Clause

• The Due Process Clause

Which Supreme Court decision established the Exclusionary Rule (limiting illegally obtained evidence) and applied it to state courts?

• Gideon v. Wainwright (1963)

• Mapp v. Ohio (1961)

• Miranda v. Arizona (1966)

• Tinker v. Des Moines (1969)

The Establishment Clause of the First Amendment would most likely be violated by which of the following government actions?

• A state legislature passing a law that requires a daily, mandatory moment of silent prayer in all public schools.

• A local government providing police and fire services to religious institutions.

• A public school allowing students to create a voluntary Bible study club on campus.

• A city allowing a religious organization to use a public park for a summer festival.

Which of the following scenarios is an example of a violation of the Sixth Amendment right to counsel, as affirmed by Gideon v. Wainwright (1963)?

• A defendant cannot afford a private attorney and is therefore denied representation in a misdemeanor case resulting in a $50 fine.

• A defendant cannot afford a private attorney and is forced to represent himself in a felony trial.

• A defendant in a civil case is denied a court-appointed attorney.

• A defendant's appointed lawyer is later found to have had a conflict of interest.

The Tenth Amendment is most closely associated with the principle of:

• Enumerated Powers

• National Supremacy

• Reserved Powers

• Implied Powers

In the context of the Eighth Amendment, which punishment is generally NOT considered cruel and unusual, according to contemporary Supreme Court precedent?

• The execution of a juvenile offender.

• The execution of an intellectually disabled offender.

• Life imprisonment without parole for an adult offender in a non-homicide case.

• The death penalty applied for crimes other than murder.

The concept of Substantive Due Process allows the Supreme Court to strike down a law based on the belief that:

• The law was passed without proper legislative procedure.

• The law is not supported by a majority of the population.

• The law infringes upon a fundamental right, regardless of the procedure used to enact it.

• The law only applies to a specific group of people, thus violating equal protection.

Which Supreme Court case established the principle of "separate but equal" as constitutionally permissible under the Fourteenth Amendment?

• Dred Scott v. Sandford (1857)

• Plessy v. Ferguson (1896)

• Loving v. Virginia (1967)

• Brown v. Board of Education (1954)

The Fifth Amendment protects against double jeopardy. Which scenario would constitute a violation of this protection?

• A person is acquitted of robbery in state court and then is tried in federal court for the same robbery.

• A person is tried for a crime, acquitted, and then the victim sues the person in civil court for damages.

• A person is acquitted of a crime and the state appeals the verdict to a higher court.

• A person is convicted of a crime, the conviction is overturned on appeal, and they are then retried for the same crime.

The First Amendment's Free Exercise Clause prevents the government from unduly burdening an individual's religious practice. However, the Court has ruled the government can restrict practices when they:

• Contradict established social norms or traditions.

• Pose a direct and tangible threat to public health or safety.

• Do not align with the religious practices of the majority.

• Require a small exception to a generally applicable law.