POL 203 Law and society exam II

“T/F A = True; B = False 1. For most of the history of the United States, the Bill of Rights has not been applied to the individual states by the U.S. Supreme Court? answer: A 2. Gideon v. Wainwright (1963) was important because it extended the right to counsel for all indigent defendants and for all crimes? answer: A 3. Prior to Miranda v. Arizona (1966), the admissibility of a confession in a state criminal case was governed by the “voluntariness” of the confession? answer: A 4. Terry v. Ohio (1968) is important because it established the “exclusionary rule?” answer: A 5. A police officer cannot “stop and frisk” a criminal suspect unless he is about to arrest the suspect? answer: B 6 The Gideon decision held that criminal defendants are entitled to the right to counsel at all stages of a criminal prosecution? answer: A 7. Pretextual stops are unconstitutional if they involve abuses of either a police officers “objective” or “subjective” judgments? answer: A 8. The Ninth Amendment has been frequently used throughout history as the basis for finding rights not specifically listed in the Constitution? answer: A 9. Although the Connecticut anti contraception law may have been a “silly” law, the dissenters in Griswold v. Connecticut (1965) felt it was up to the state legislature to repeal it and not the Supreme Court to find it unconstitutional? answer: B 10. The “right to privacy” is one of the enumerated (listed) rights stated in the Ninth Amendment? answer: A 11. Roe v. Wade (1973) established an absolute abortion on demand constitutional right? answer: B 12. Roe v. Wade is an example where the Supreme Court created new broad based legal rights where no such rights previously existed? answer: B 13. One of the principle arguments against hearing the case of Baker v. Carr (1962) was that it violated the “political question” doctrine? answer: A 14. The case of interracial marriage, Loving v. Virginia (1967), was decided primarily on Equal Protection grounds? answer: A 15. The main purpose of Virginia’s antimicegenation law was to keep the races separated and maintain “white supremacy?” answer: A 16. Bowers v. Hardwick (1986) held that there was no constitutional right to consensual gay sex? answer: A 17. Lawrence v. Texas (2003) illustrates the fact that sometimes the Supreme Court can overrule a recent precedent and admit that it erred in its earlier decision? answer: B 18. Tax money used to pay for the busing of school children to religious schools would violate the Establishment Clause of the First Amendment? answer: A 19. The Establishment Clause essentially holds that legislation must neither advance nor inhibit religion? answer: A 20. Wisconsin v. Yoder (1972) illustrated the point that religious practices can sometimes override the enforcement of federal law? answer: B 21. The Yoder case was decided on First Amendment establishment clause grounds? answer: A 22. The Establishment Clause of the First Amendment forbids public schools from sponsoring religious practices such as the Lord’s Prayer and Bible readings? answer: A 23. In order to be judged constitutional, federal or state legislation must neither advance nor inhibit religion? answer: A 24. A “nondenominal” prayer (one that does not favor any specific religion) would nonetheless be unconstitutional if used in public schools? answer: A 25. Busing children to parochial (religious) schools would violate the wall of separation between church and state? answer: A 26. In Abington School District v. Schempp (1963) the Court banned school prayer in part because the Court believed that the state is firmly committed to a position of neutrality? answer: A 27. In Deshaney v. Winnebago County Department of Social Services (1989), the Court held that social service agencies have a constitutional duty to protect minors who are being abused by adults? answer: A 28. One of the fears in the Deshaney case was that it might open the states to so much costly litigation that would, from a financial standpoint, make it difficult for states to keep some social service agencies open? answer: A 29. The Abington decision illustrates the point that unpopular decisions will at times be difficult to enforce? answer: A 30. The decision in Lawrence v. Texas (2003) overruled Bowers v. Hardwick (1986) and invalidated all sodomy laws involving consensual homo or heterosexual adults? answer: A 31. The insanity defense that requires that the defendant not be able to distinguish between the rightness and wrongness of their actions is also known as the M’Naghten test? answer: A 32. One of the criticisms of the insanity defense is that the well-off individual can better use the defense than a poor defendant? answer: A 33. An argument against pretextual stops would be that in actual practice the police often do discriminate based on race? answer: A 34. In Whren v. United States, the decision was hotly contested with a predictable 5/4 conservative victory with the conservative Justice Scalia writing the opinion? answer: A 35. In Washington v. Glucksburg, the Court held that doctors and hospitals do not have to comply with validly executed living will terms? answer: B 36. In Good News Club v. Milford Central School (2001), the Court decided that the religious instruction violated the Establishment Clause of the First Amendment? answer: A 37. Justice Thomas’ opinion in Good News Club was based in part on the basis that to bar the club would amount to viewpoint discrimination in violation of the First Amendment? answer: A 38. In the case involving high-technology thermal imaging devices (Danny Lee Kyllo v. United States (2001), it was held that such devices violate the Fourth Amendment search and seizure protections? answer: A 39. Unlike obscenity, pornography, except child pornography, is protected by the First Amendment? answer: A 40. Civil Unions grant the exact same benefits as same-sex marriages (all rights at both the state and federal level). answer: B Multiple Choice Questions 41. The leading case dealing with the inapplicability of the Bill of Rights to the states was: a. Betts v. Brady (1942) b. Griswold v. Connecticut (1965) c. Barron v. Baltimore (1833) d. Scott v. Sandford (1857) e. Powell v. Alabama (1932) answer: A 42. Cooper v. Aaron (1958) illustrates the concept that: a. the Supreme Court has neither the “power of the purse or the sword” and they must rely on other branches to enforce their decisions b. state’s rights sometimes prevails over broad federal rights c. Congress has to sometimes assist the Supreme Court in the enforcement of their decisions d. even unpopular decisions will always be followed answer:  B 43. Which of the following helped to establish the civil rights revolution: a. the Civil Rights Act of 1964 b. the Voting Rights Act of 1965 c. Heart of Atlanta Motel v. United States (1964) d. Cooper v. Aaron (1958) e. all of the above answer: A 44. Which case established the “undue burden” test in abortion regulation cases: a. Roe v. Wade (1973) b. Planned Parenthood v. Casey (1992) c. Webster v. Reproductive Health Services (1989) d. all of the above e. none of the above answer: D

45. Which constitutional basis do most scholars associate with the right to an abortion: a. the Fourteenth Amendment b. the Fourth Amendment c. the Sixth Amendment d. the Ninth and Fourteenth Amendments e. the Eighth Amendment answer: A

46. The Fourth Amendment protects individuals from: a. unreasonable searches and seizures b. stop and frisks by the police c. sobriety road stops by the police d. all of the above e. none of the above answer: D 47. The key constitutional protection regarding searches and seizures is that they be based on: a. probable cause b. fairness c. reasonable suspicion d. all of the above e. none of the above answer: B 48. Gideon v. Wainwright (1963) illustrates that the Supreme Court: a. is very cautious when it comes to interfering with state’s rights b. will incrementally extend prior precedents that eventually change the constitutional protections for criminal defendants c. will almost always defer to state’s rights d. rejects the idea that the states conform to federal case precedents e. none of the above answer: A

49. Which decision (s) did much to revive interest in the Ninth Amendment? a. Griswold v. Connecticut (1965) b. Cooper v. Aaron (1957) c. Roe v. Wade (1973) d. all of the above e. a. and c. answer: E 50. Roe v. Wade established that states may or may not regulate abortions based on which: a. the “undue burdens” test b. a trimester analysis c. “abortion on demand” d. all of the above e. none of the above answer: A 51. Which of the following is not true: a. courts in some states have ruled that their state constitutions provide greater protection for reproductive choice than the federal Constitution b. paternal consent is not a universal requirement c. husbands have a constitutional right to consent to their wife’s abortion d. all are true e. none are true answer: E 52. Which case established the “essence” of the constitutional right to abortion: a. Roe v. Wade (1973) b. Webster v. Reproductive Health Services (1989) c. Planned Parenthood v. Casey (1992) d. Bray v. Alexandria Women’s Health Clinic (1993) e. Roe v. Bolton (1973) answer: A 53. The outcome of Heart of Atlanta Motel v. United States (1964) hinged on: a. a narrow interpretation of the Commerce Clause b. the Voting Rights Act of 1965 c. the fact that motel owners can serve whomever they choose d. a broad interpretation of the Commerce Clause e. none of the above answer: D

54. Cooper v. Aaron (1958) illustrated all but which of the following: a. it is impossible for any branch of the federal government to enforce a Supreme Court decision b. at least initially Supreme Court decisions may foster rather than discourage Southern resistance to desegregation c. the Cooper case was the first significant legal test of the enforcement of Brown d. a state cannot constitutionally disregard a U.S. Supreme Court decision e. all of the above are true answer: E 55. The Cooper decision was based on which portion of the Constitution: a. The Commerce Clause b. The Due Process Clause c. The Equal Protection Clause d. All of the above e. None of the above answer: A

56. In Bush v. Gore, the U.S. Supreme Court stopped the Florida recount on the basis of which constitutional clause: a. the Commerce Clause b. the Supremacy Clause c. the Equal Protection Clause d. none of the above e. all of the above answer: C

57. The central problems with the Florida recount vote was: a. the recount involved only selected counties b. the recount standards were not uniform c. the recount only involved the under votes and not the over votes d. all of the above e. none of the above answer: B 58. According to Planned Parenthood v. Casey, which of the following did the U.S. Supreme Court refused to allow: a. a mandatory waiting period b. the permission of the pregnant women’s husband c. mandatory literature regarding the nature of an abortion d. mandatory literature regarding adoption as an alternative to abortion e. all of the above were permitted answer: B 59. Which is true as a result of the Casey decision: a. the trimester formula of Roe was abolished b. the “undue burdens” test was formulated c. the essence of the right to abortion was preserved d. all of the above e. none of the above answer: D 60. Which is true regarding the right to doctor assisted suicide: a. there is no fundamental constitutional right to doctor assisted suicide b. the court did not decide the issue as to whether individual states could create such a right c. held that a person could refuse life sustaining measures with a living will executed when a person is competent d. all of the above e. none of the above answer: A 61. Which is true regarding doctor assisted suicide: a. Oregon was the first state to create a doctor assisted suicide law b. the first law as enacted by the state legislature c. the federal government supported the law when it was created and first used d. all of the above e. none of the above answer: A 62. The case of Washington v. Glucksburg has left open which issue: a. whether there is a “liberty interest” that creates a right to assist suicide b. the issue of what to do if an incompetent individual attempts to execute a living will c. what if a state law, such as Oregon, allows for doctor assisted suicide d. none of the above e. all of the above answer: C 63. The Washington v. Glucksburg case established that: a. living wills are not valid b. living wills are valid for everyone c. living wills are valid if executed by competent adults d. doctors and hospitals do not have to comply with living will terms e. none of the above answer: D 64. Wisconsin v. Yoder (1972) dealt with a violation of which constitutional protection: a. The Free Exercise Clause of the First Amendment b. The Establishment Clause of the First Amendment c. The Equal Protection Clause of the Fourteenth Amendment d. The Due Process Clause of the Fourteenth Amendment e. None of the above answer: C 65. The case of Edwards v. Aguillard (1987) held that: a. “creation science” must be taught with evolution in Louisiana b. evolution cannot be taught because it is only a theory c. a state statute cannot mandate the teaching of both creation science and evolution d. free speech allows all theories to be taught a. creation science is the only true theory that can be taught answer: B 66. Regarding pornography: a. pornography is protected by the Constitution b. child pornography is protected by the Constitution c. obscenity is protected by the Constitution d. none are protected e. all are protected answer: A 67. Regarding the Child Pornography Prevention Act (CPPA), the Supreme Court held that: a. there is no constitutional difference between actual child pornography and virtual child pornography b. virtual child pornography is protected c. actual child pornography is protected d. all child pornography is protected e. no child pornography is protected

answer: E”