US Civil Liberties 2 — Questions and Answers
Question 1: Which Supreme Court case established that the First Amendment applies to the states through the Fourteenth Amendment?
- Gitlow v. New York (Correct answer)
- Schenck v. United States
- Brandenburg v. Ohio
- Palko v. Connecticut
Correct answer: Gitlow v. New York
Gitlow v. New York (1925) was the first case to incorporate a First Amendment right (free speech) against the states via the Due Process Clause of the Fourteenth Amendment.
Question 2: The 'establishment clause' of the First Amendment is primarily designed to prevent which of the following?
- Congress from passing laws respecting an official government religion (Correct answer)
- Citizens from practicing minority religions
- The Supreme Court from ruling on religious matters
- States from funding private schools
Correct answer: Congress from passing laws respecting an official government religion
The Establishment Clause prohibits the government from making any law 'respecting an establishment of religion,' preventing an official state church.
Question 3: Under the 'clear and present danger' test from Schenck v. United States, speech may be restricted when it poses what kind of threat?
- An immediate and serious threat to public safety (Correct answer)
- Any criticism of government policy
- Speech that offends a majority of citizens
- Written words that incite debate
Correct answer: An immediate and serious threat to public safety
Justice Holmes' 'clear and present danger' test allows speech restrictions only when words are used in circumstances creating an immediate danger of a serious evil.
Question 4: Which amendment protects against unreasonable searches and seizures and requires probable cause for warrants?
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
- Third Amendment
Correct answer: Fourth Amendment
The Fourth Amendment protects persons, houses, papers, and effects against unreasonable searches and seizures and sets the probable cause standard for warrants.
Question 5: The principle of 'incorporation' in constitutional law refers to which legal process?
- Applying Bill of Rights protections to state governments via the 14th Amendment (Correct answer)
- Including foreign treaties into domestic law
- Combining multiple amendments into a single doctrine
- Merging federal and state court jurisdictions
Correct answer: Applying Bill of Rights protections to state governments via the 14th Amendment
Incorporation is the process by which the Supreme Court applies most Bill of Rights protections against state governments through the Fourteenth Amendment's Due Process Clause.
Question 6: Which Supreme Court ruling held that the death penalty for crimes committed by minors (under 18) is unconstitutional?
- Roper v. Simmons (Correct answer)
- Atkins v. Virginia
- Graham v. Florida
- Miller v. Alabama
Correct answer: Roper v. Simmons
Roper v. Simmons (2005) held that executing individuals for crimes committed when they were under 18 violates the Eighth Amendment's prohibition on cruel and unusual punishment.
Question 7: The 'exclusionary rule' established in Mapp v. Ohio (1961) mandates that evidence obtained in violation of the Fourth Amendment must be:
- Excluded from use at trial (Correct answer)
- Admitted only if corroborated by other evidence
- Reviewed by a grand jury before exclusion
- Returned to the defendant immediately
Correct answer: Excluded from use at trial
The exclusionary rule bars prosecutors from using evidence collected in violation of the defendant's constitutional rights, as established in Mapp v. Ohio.
US Civil Liberties 2
Which Supreme Court case established that the First Amendment applies to the states through the Fourteenth Amendment?