US Civil Liberties 2

Question 1

Which Supreme Court case established that the First Amendment applies to the states through the Fourteenth Amendment?

Accepted Answer

Gitlow v. New York

Answer

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?

Accepted Answer

Congress from passing laws respecting an official government religion

Answer

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?

Accepted Answer

An immediate and serious threat to public safety

Answer

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?

Accepted Answer

Fourth Amendment

Answer

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?

Accepted Answer

Applying Bill of Rights protections to state governments via the 14th Amendment

Answer

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.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Civil Liberties 2