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Quiz 3.7 - 3.9 Review

Total questions: 17

Worksheet time: 9mins

Name
Class
Date
1.

“In … [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states."

Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia

Based on the text, which of the following statements would the author most likely agree with?

a)

The entirety of the Bill of Rights should apply to the states, because all of its protections are “implicit in the concept of ordered liberty”

b)

Rights that are “implicit in the concept of ordered liberty” apply to the federal government but are not valid against the states

c)

The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is “implicit in the concept of ordered liberty"

2.

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel.

Which of the following statements best explains the impact of this decision?

a)

It applied the Sixth Amendment to the states through the incorporation doctrine

b)

It enhanced the state’s power to refuse to provide legal counsel in some felony cases

3.

Selective incorporation is best defined as which of the following?

a)

The rights and immunities protected by the Bill of Rights and interpreted by the Supreme Court as “implicit in the concept of ordered liberty”

b)

The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government

4.

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure.

Which of the following statements best explains the impact of this decision?

a)

It applied the Fourth Amendment to the states through the incorporation doctrine

b)

It enhanced the state’s power to conduct searches and seizures without a warrant

5.

“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?

a)

The prohibition of warrantless searches of suspected terrorists impedes the government's ability to protect the United States from another terrorist attack

b)

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

6.

The exclusionary rule can best be described as which of the following?

a)

Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone

b)

A police officer is required to inform a suspect of their Fifth and Sixth Amendment rights after they’ve been arrested

7.

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant.

This case is an example of which of the following?

a)

The right to legal counsel

b)

The Miranda rule

c)

The “public safety” exception

d)

The exclusionary rule

8.

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

a)

A person is arrested for protesting a Supreme Court decision

b)

A person is tried twice for the same crime

9.

A right to privacy is best defined as which of the following?

a)

People are protected from the government imprisoning them for their private speech

b)

People have the right to refuse to speak to a police officer if it will cause them to incriminate themselves

c)

People are protected from the government infringing in their personal life

10.

“[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient’s pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State.”

Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973)

Which of the following statements is most consistent with the author’s argument in this passage?

a)

The Constitution does not give the federal government the right to regulate abortions, therefore that is a state’s responsibility

b)

The Bill of Rights implies that there is a right to privacy that the government cannot infringe upon

11.

In 1988 and 1989, the Pennsylvania legislature amended its abortion control law. The changes included requiring a 24 hour waiting period for the procedure and that a married woman must notify her husband that she intends to have an abortion. In a 5-4 ruling, the Court upheld most of the Pennsylvania laws because they did not create a “substantial obstacle” to a woman seeking an abortion. This became known as the undue-burden test.

Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)?

a)

The due process clause

b)

The equal protection clause

12.

Which of the following is an accurate comparison of the two court cases?

a)

A

b)

B

c)

C

d)

D

13.

Which of the following is an accurate comparison of the two court cases?

a)

A

b)

B

c)

C

d)

D

14.

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel.

Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

a)

The due process clause

b)

The equal protection clause

15.

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration?

a)

Antoni starts yelling for other protestors to light buildings on fire and the police arrest him

b)

Lillian begins yelling expletives at a protest when children are present and a police officer arrests her

16.

Which of the following best describes the message in the political cartoon?

a)

The Supreme Court has historically used the Bill of Rights to protect citizens from state infringement of basic liberties

b)

The Supreme Court has ruled that state governments must add the Bill of Rights to each of their state constitutions

c)

The Supreme Court has been able to prevent state government infringement of basic liberties protected under the Bill of Rights by applying the Fourteenth Amendment

17.

A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights.

This scenario is an example of which of the following?

a)

Selective incorporation

b)

The exclusionary rule

c)

The “public safety” exception