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Americans often hear the metaphor of a "wall of separation between church and state" when referring to the First Amendment's right to freedom of religion. This metaphor is most attributed to which of the following?


A) in the 1960s, by the Supreme Court when it became increasingly liberal and turned on "the church"
B) in the second half of the twentieth century, when atheists began to influence Congress
C) during the Civil War, when religious groups demanded protection from government abuses
D) in 1802 by President Thomas Jefferson, based in part on his fear of a national and official church
E) several thousand years ago, as a biblically based standard

F) B) and D)
G) A) and E)

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The First Amendment contains both the establishment clause and the free exercise clause. Explain the difference between the two clauses. Discuss how the Supreme Court has interpreted these clauses and how these decisions have affected the "wall of separation" between church and state.

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Who makes the determination that a particular action or law is in violation of the free exercise clause of the First Amendment?


A) the president
B) Congress
C) State legislatures
D) the U.S. Supreme Court
E) the voters

F) A) and B)
G) B) and E)

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Federalist No.14 states that _______________________.


A) the federal government has "jurisdiction limited to certain enumerated objects"
B) individual rights are only "the fruits, rather than the roots, of the Constitutional tree"
C) when a government created by the "consent of the governed" fails to protect basic rights, the people have the right to "alter or abolish such government"
D) all people possess "inalienable rights"
E) that the bill or rights of state governments already protected citizens against government encroachment

F) All of the above
G) B) and C)

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In 1990, the U.S. Supreme Court ruling in Employment Division v. Smith established what important precedent concerning freedom of religion?


A) The ruling strongly encouraged active religious practice in the United States but was later overturned by legislation.
B) The Supreme Court intended to force religious inclusion into the workforce.
C) The Supreme Court attempted to create a constitutional amendment that would further strengthen the First Amendment.
D) The ruling gave social conservatives an inroad with which to file more lawsuits against the government.
E) The ruling required state governments only to establish a "legitimate state interest" in restricting religious freedoms.

F) A) and B)
G) C) and D)

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As explained in Federalist 14, why did Madison believe an enumeration of a Bill of Rights was not necessary in the Constitution?​


A) ​Individual liberties should not be protected from government action.
B) ​The federal government should not be limited in its actions.
C) ​People did not possess liberties.
D) ​Government was limited to enumerated powers and therefore had no power to infringe on liberties.
E) ​The Constitution left all power to the states.

F) C) and D)
G) D) and E)

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Criminal laws that are retroactively applied to those who engaged in activities when they were not yet illegal are called _____________.


A) backdoor laws
B) fascist laws
C) civil subpoenas
D) bill of attainder
E) ex post facto laws

F) A) and D)
G) C) and D)

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In various opinions over several decades the Supreme Court has protected what it refers to as "symbolic speech." Which of the following is not an example of symbolic speech?


A) publicly desecrating or burning the American flag
B) burning a draft card during a time of war
C) wearing black armbands in school or work as a sign of political protest
D) invoking symbols or actions that target a particular person or group with the intent of causing harm
E) flying the American flag upside down

F) A) and B)
G) A) and C)

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The issue of prayers at school graduations and ball games has also been addressed by the Supreme Court as recently as 2000 in Santa Fe v. Doe. What is the stance of the Court in regard to prayers at such events?


A) Prayers at school football games and graduation ceremonies do not violate the Constitution's protections.
B) The prayers are allowed because these events are attended by more adults than minors.
C) The Court failed to rule on the specific issue of prayer but discouraged it because of the public nature of the event.
D) The prayer was ruled unconstitutional because some were required to attend and it appeared to be an endorsement of religion.
E) The prayers are unconstitutional because not all religions have equal time allotted to offer their prayers.

F) A) and B)
G) A) and C)

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"Positive rights" _________________.


A) cannot be denied by a government
B) exist even in the absence of government
C) are "inalienable"
D) are granted by and subject to government authority
E) are based on the natural laws of human society

F) A) and E)
G) All of the above

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The idea that free speech and expression is a means of achieving individual rights is an example of which theory justifying the high level of protection given to free expression?


A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

F) A) and B)
G) A) and C)

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What is the purpose of the establishment clause of the First Amendment?


A) It requires Congress to establish a national religion to be used as a foundation for other religious efforts.
B) It prohibits the display of any religious symbols, gestures, or thoughts at any level of government.
C) It prohibits the government from establishing an official religion for the country.
D) It establishes Christianity as the national religion, in keeping with the beliefs of the founding fathers.
E) It ensures that any and all religious beliefs have equal and full support of the federal government.

F) C) and D)
G) D) and E)

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What was the significance of the Supreme Court's rulings in 2008 and 2010 regarding the Second Amendment? Do you agree with their interpretation? Why or why not?

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The significance of the Supreme Court's ...

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The First Amendment also guarantees freedom of the press. The press is considered speech but it does have some limitations. One such exception of speech or press that is restricted is in the case of libel, which is defined as _______.


A) the crime of printing or disseminating false statements that harm someone
B) the unethical action of making light of someone in the presence of others
C) the crime of lying in a public document
D) any behavior that offends or creates an uncomfortable relationship
E) the crime of inundating readers with false information

F) A) and B)
G) A) and C)

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In a series of well-publicized Supreme Court rulings in 2005, Kentucky was required to remove the Ten Commandments posted in some of its county courtrooms. However, Texas was allowed to keep a monument on the state capitol grounds that had the Ten Commandments listed. How did the Supreme Court rationalize the Kentucky circumstance as unconstitutional, but not the Texas case?


A) Texas was a sovereign nation prior to becoming a state and was allowed to retain some of its religious sovereignty.
B) Kentucky did not have the level of adequate legal representation during the proceedings as did Texas.
C) The Texas case used a newer, more modern interpretation of the Ten Commandments that was considered less controversial by the Supreme Court.
D) The Kentucky case involved religious displays inside of public courtrooms that are involuntarily visible to anyone, whereas the Texas case involved a monument with a historical context that is located on the grounds of the capitol building.
E) The Supreme Court showed its bias toward western states.

F) A) and E)
G) None of the above

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With its ruling in Reno v. ACLU in 1997, the Supreme Court invalidated a federal law passed to protect minors from "indecent" and "patently offensive" communications via the Internet. What was the Court's rationale in its invalidation of the federal law?


A) The Internet is impossible to police.
B) To restrict Internet speech in the United States would also restrict it in other countries.
C) In denying minors access to potentially harmful speech, the law suppressed a large amount of speech that adults have a constitutional right to receive.
D) The Internet is no standard group or vehicle by which to define "decency," much less to enforce the standard.
E) Control of Internet speech is a role for the state governments, not the federal government.

F) B) and E)
G) C) and D)

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The legal standard that requires the government to attain a warrant demonstrating "probable cause" for any "search" that violates a person's actual and reasonable expectation of privacy is called the _______________.


A) good faith exception
B) Katz test
C) exclusionary rule
D) ex post facto law
E) free exercise clause

F) All of the above
G) D) and E)

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In which of the following cases did the Supreme Court apply free speech protection against state action?​


A) ​Gitlow v. New York (1925)
B) ​Cantwell v. Connecticut (1940)
C) ​Mapp v. Ohio (1961)
D) ​Gideon v. Wainwright (1963)
E) ​Benton v. Maryland (1969)

F) A) and D)
G) A) and E)

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The Second Amendment concerns American citizens' "right to bear arms," yet this amendment has long been a source of heated debate, confusion, and litigation. What was the Court's decision in the 2008 case, District of Columbia v. Heller?


A) The Supreme Court refused to rule on the Second Amendment issue in the case.
B) The Supreme Court determined the D.C. regulation as fair and constitutional.
C) The Supreme Court ruled that D.C. could not ban all forms of handgun possession in the home for purposes of self-defense.
D) The Supreme Court held that individuals could not own more than one handgun for purposes of immediate self-protection.
E) The Supreme Court's ruled that the provision of the Second Amendment guaranteeing the right to bear arms was only in the context of a militia and therefore individuals did not have a Constitutional protection to bear arms.

F) A) and C)
G) A) and B)

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The idea that the suppression of free speech forces citizens to adopt more extreme means of enacting change and that promotion of free speech provides an essential mechanism for balancing the need for order with advocacy of reform is an example of __________________.


A) the "marketplace of ideas"
B) self-governance
C) a "safety valve"
D) self-fulfillment
E) "clear and present danger"

F) B) and E)
G) B) and D)

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