Question 1

Discuss the three prongs of the Lemon test, and give an example of a Supreme Court case that applied it.

Accepted Answer

The Lemon test, established by the Supreme Court in Lemon v. Kurtzman (1971), is used to determine whether a law or government action violates the Establishment Clause of the First Amendment to the United States Constitution. The test consists of three prongs:

1. The law or government action must have a secular purpose.
2. The primary effect of the law or government action must neither advance nor inhibit religion.
3. The law or government action must not result in excessive entanglement between government and religion.

An example of a Supreme Court case that applied the Lemon test is Lemon v. Kurtzman itself. In this case, the Court struck down a state law that provided financial aid to non-public schools, including parochial schools, because it was found to violate the Establishment Clause. The Court applied the three prongs of the Lemon test to determine that the law did not have a secular purpose, had the primary effect of advancing religion, and resulted in excessive entanglement between government and religion. As a result, the law was deemed unconstitutional.

Question 2

Discuss how the Fourteenth Amendment extended the Bill of Rights to former slaves.

Accepted Answer

The Fourteenth Amendment extended the Bill of Rights to former slaves by granting them citizenship and equal protection under the law. This amendment, ratified in 1868, overturned the Dred Scott decision and ensured that all persons born or naturalized in the United States, including former slaves, were citizens of the country and entitled to the same rights and protections as all other citizens. This included the rights outlined in the Bill of Rights, such as freedom of speech, religion, and assembly, as well as due process and equal protection under the law. The Fourteenth Amendment was a crucial step in ensuring that the rights and liberties guaranteed by the Bill of Rights were extended to all individuals, regardless of their race or former status as slaves.

Question 3

Explain how the Supreme Court has viewed symbolic speech or expression as it pertains to the First Amendment.

Accepted Answer

The Supreme Court has consistently recognized symbolic speech or expression as a form of protected speech under the First Amendment. Symbolic speech refers to nonverbal actions or symbols that convey a particular message or expression. This can include actions such as flag burning, wearing armbands, or displaying certain symbols.

In the landmark case of Texas v. Johnson (1989), the Supreme Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. The Court held that the government cannot prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.

Similarly, in Tinker v. Des Moines Independent Community School District (1969), the Court ruled that students' wearing of black armbands in protest of the Vietnam War was a form of symbolic speech protected by the First Amendment, and that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Overall, the Supreme Court has consistently upheld the right to engage in symbolic speech as a form of protected expression under the First Amendment, recognizing that nonverbal actions and symbols can convey powerful messages and ideas that are deserving of constitutional protection.

Question 4

Which of the following best describes campus speech codes at state universities?

Accepted Answer

A)   Ruled unconstitutional and no longer exist in the United States
B)   Usually ruled unconstitutional, but continue to exist in the United States
C)   Constitutionally allowed and encouraged
D)   Typically concerned only with symbolic speech
E)   Allowed if they do not address the topic of religious speech

Question 5

Explain the constitutional basis for a right to privacy and detail how this right has developed and evolved.

Accepted Answer

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Question 6

Explain the issue of school prayer including the court cases that have brought us to where we are today.

Accepted Answer

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Question 7

What are the statements that police are required to make to a person before that person may be subjected to in-custody questioning known as?

Accepted Answer

A)   Cross-examination
B)   Exclusionary rules
C)   Interrogations
D)   Jailhouse rights
E)   Miranda warnings

Question 8

Cruel and unusual punishment is prohibited by which of the following?

Accepted Answer

A)   Separation of powers
B)   Judicial review
C)   Fifth Amendment
D)   Eighth Amendment
E)   First Amendment

Question 9

Explain how the Supreme Court interpreted the Ninth Amendment to decide the Griswold v. Connecticut case.

Accepted Answer

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Question 10

Which 1868 amendment's passage allowed the potential for the application of the Bill of Rights to the states which adds several restrictions on what the states can do?

Accepted Answer

A)   Eleventh
B)   Twelfth
C)   Thirteenth
D)   Fourteenth
E)   Fifteenth

Question 11

Explain what restrictions the incitement test places on free speech. Discuss whether this restriction should carry over to groups assembled online.

Accepted Answer

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Question 12

Explain what the Innocence Project is. Discuss how new technologies are enabling initiatives like this to bring about a fairer system of justice in the United States.

Accepted Answer

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Question 13

Describe the protections in the Bill of Rights for those accused of crimes.

Accepted Answer

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Question 14

Which of the following bodies has the authority to regulate the use of the airwaves and grant licenses to broadcast?

Accepted Answer

A)   Federal Communications Commission
B)   Federal Trade Commission
C)   National Broadcasting Service
D)   Public Broadcasting System
E)   Federal Broadcasting System

Question 15

Which of the following best describes how instances of offensive and blasphemous speech, such as that uttered in the Charlie Hebdo case, are handled in the United States?

Accepted Answer

A)   Generally prohibited under state law
B)   Severely restricted according to hate speech standards
C)   Protected under the establishment clause
D)   Protected by the First Amendment
E)   Discouraged by the Fourteenth Amendment

Question 16

Discuss the "Unite the Right" protest in Charlottesville, Virginia, and the reaction of the Charlottesville police and the state of Virginia. Explain whether the government's actions were consistent with accepted limitations on the right to assemble or whether the rights of Unite the Right were violated.

Accepted Answer

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Question 17

Which of the following technologies gives law enforcement officials opportunities to track offenders and, consequently, constitutes potential threats to the right to privacy and raises the concerns of those opposed to the PATRIOT Act?

Accepted Answer

A)   Land-line phones
B)   Movie subscription services
C)   Red light cameras
D)   Video game subscription services
E)   Wireless devices

Question 18

Which of the following best describes support for the death penalty according to Gallup polling?

Accepted Answer

A)   It is virtually nonexistent in the northern states.
B)   It is virtually nonexistent in the southern states.
C)   It continues to rise among the U.S. population.
D)   It is the lowest in the past forty years.
E)   It is at an all-time high.

Question 19

What limitation does the exclusionary rule put in place?

Accepted Answer

A)   A court can order or constrain an action by an individual.
B)   Evidence obtained from an illegal search and seizure cannot be used in a trial.
C)   Fighting words can be excluded from constitutional protection.
D)   People who are biased against a defendant may be excluded from serving on a jury.
E)   Evidence wrongly excluded at trial may not be used in appellate court later.

Question 20

Which of the following amendments has been construed to extend a constitutional limit on national power to state governments?

Accepted Answer

A)   First Amendment
B)   Ninth Amendment
C)   Fifth Amendment
D)   Fourteenth Amendment
E)   Tenth Amendment

Exam 4: Civil Liberties