Constitutional Law Final 139 Exam Quiz Questions With Answers
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Course
Constitutional Law
Institution
Constitutional Law
Define: "Partial Birth Abortion" - ️️It is not an undue burden
Define: 24-Hour Waiting Period - ️️States may require a 24-hour waiting period between the time of a woman's consent and the abortion - this is not an undue burden.
True or False: Substantive Due Process is a concept used by t...
Constitutional Law Final Exam
Define: "Partial Birth Abortion" - ✔ ✔ It is not an undue burden
Define: 24-Hour Waiting Period - ✔ ✔ States may require a 24-
hour waiting period between the time of a woman's consent and the
abortion - this is not an undue burden.
True or False: Substantive Due Process is a concept used by the U.S.
Supreme Court from about 1900 to 1937 to invalidate laws that tried
to regulate safety conditions in the workplace -- essentially the Court
would substitute its judgment for that of the legislature as to the
desirability of such laws. - ✔ ✔ True
True or False: The Fifteenth (15th) Amendment prohibits the federal
and state governments from denying or abridging the right to vote "on
account of race, color, or previous condition of servitude." - ✔ ✔
True
True or False: The First Amendment permits the government to exercise
prior restraint and prohibit a newspaper from publishing statements if
the statements are found to be either false or unduly critical of the
government. - ✔ ✔ False
True or False: The Fourteenth Amendment's Equal Protection Clause
only applies to state governments, it does not apply to actions or
statutes by the federal government. - ✔ ✔ True
True or False: The right of privacy includes the right of unrelated
individuals, in groups of 3 or more to live together even if there are
city or state zoning ordinances that limit the number of unrelated
persons who can live together in one residence. - ✔ ✔ False
,True or False: The text book discusses how the U.S. Supreme Court is
generally opposed to "point of view" limitations on free speech. This
means that it is possible for government to put regulations on some
speech but it must be "content-neutral" and cannot be based on either
the message of the speech or on who the speaker is. For example, to
control excessive noise, a City might limit the volume level that a loud
speaker system can be at at a public rally in the park. But the City can't
say that certain groups, such as Mothers Against Drunk Driving, can
have the loudspeaker at a high level but that other groups, such as the
American Nazi Party, must keep it at a low level. - ✔ ✔ True
True or False: Under the First Amendment, only verbal or written
speech is protected, symbolic (non-verbal) speech is never protected. -
✔ ✔ False
True or False: Unlike the other rights in the Bill of Rights, the rights in
the First Amendment have always been applicable to the states and First
Amendment rights never had to go through the incorporation process
where the U.S. Supreme Court used the Due Process Clause to apply
these rights to the states. - ✔ ✔ False
True or False: When it struck down the "Separate, But Equal" doctrine
in the case of Brown v. Board of Education (Brown I) (1954), the U.S.
Supreme Court used an "original intent" interpretation. The Court
explicitly based its decision on its belief that the historical context of
the 14th Amendment showed that the original framers of the 14th
Amendment intended for the 'Equal Protection" Clause to include a ban
against segregation of the races in public schools. - ✔ ✔ False
Define: Financing Abortions - ✔ ✔ A state may prohibit the public
funding of abortions by prohibiting the use of public facilities for
abortions and prohibiting any public employee from acting within the
score of her/his public employment from performing or assisting in
the performance of abortions.
,Define: Informed Consent Requirements - ✔ ✔ States can require
that abortions be done by license physicians and require the physician
to provide the woman with truthful information about the abortion,
the health risks and the gestational age of the fetus.
Define: Parental Consent and/or Parental Notification - ✔ ✔ States
may require a minor to obtain consent either by a parent or a court
before an abortion.
• State may also require parental notification even if a court has already
given consent.
• Statutes that only allow a minor to get an abortion with parental
consent while not permitting a court bypass have been ruled
unconstitutional.
Define: Viability Requirement - ✔ ✔ States can require viability
testing to make sure a fetus is not viable, even though it adds to the
costs of an abortion.
Dennis v. United States (1951) - ✔ ✔ Freedom of Speech
Raymond Dennis and others were members of the Communist Party;
they were also officers and members of the International Union of
Mine, Mill, and Smelter Workers. They filed false affidavits between
1949 and 1955 to satisfy the stipulations of 9(h) of the National Labor
Relations Act as amended by the Taft-Hartley Act, which required all
union officers to submit non-Communist affidavits.
District of Columbia vs. Heller (2008) - ✔ ✔ The Second
Amendment
Right to Own Guns
After the District of Columbia passed legislation barring the
registration of handguns, requiring licenses for all pistols, and
, mandating that all legal firearms must be kept unloaded and
disassembled or trigger locked, a group of private gun-owners brought
suit claiming the laws violated their Second Amendment right to bear
arms.
The U.S. Court of Appeals for the District of Columbia Circuit
disagreed, voting two to one that the Second Amendment does in fact
protect private gun owners such as plaintiffs. It was appealed to the
U.S. Supreme Court
"Clear and Present Danger" Test - ✔ ✔ "whether the words used are
used in such circumstances and are of such a nature as to create a
clear and present danger that they will bring about the substantive
evils that Congress has a right to prevent."
Which amendment to the U.S. Constitution has the U.S. Supreme Court
relied primarily upon as the basis for its determination that there is a
constitutional "right to privacy?" - ✔ ✔ Ninth Amendment
Which of the following is not one of the three basic rights that are
explicitly stated as part of the First Amendment's right to free
expression?
Freedom of the Press
Freedom of Speech
Freedom of Association
Right of Assembly - ✔ ✔ Freedom of Association
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