KLETC Test 1 Study Guide | UPDATED Questions with
100% Verified Answers
Q1: Define what the Constitution is
A: The United States Constitution embodies the fundamental principles of our government.
Our Constitution, adopted by sovereign power, is amendable by that power only. All
laws, executive actions, and judicial decisions must conform to the Constitution.
Q2: Where does the constitution come from?
A: The Constitution was written in the 18th century. The Bill of Rights, or first Ten Amendment
to the Constitution, was not adopted until 1791. The Bill of Rights contains the vast bulk of
fundamental rights, which for the basis for much of our case and statutory law.
Q3: How is the Constitution relevant to LE?
A: As Law Enforcement officers, you are sworn to uphold the Constitution. Understanding
constitutional privileges is crucial to avoid civil liability. Also, to assure evidence is
admissible in criminal matters.
Q4: Article 1
A: The Legislative Branch
Q5: Article 2
A: The Executive Branch
Q6: Article 3
A: The Judicial Branch
Q7: Article 4
A: Relations Between The States (Full faith and credit clause).
Q8: Article 5
A: The Amendment Process
Q9: Article 6
A: General Provisions, Supremacy of the Constitution (Supremacy Clause)
Q10: Article 7
A: Ratification Process
Q11: Define the Bill of rights and why it applies to the states
, A: It was not until the 1960's that the US Supreme Court became heavily involved involved in
interpreting how the Bill of Rights applied to the actions of LE Officers.
The Bill of Rights encompasses much of what you will have to face as LE officers. Issues
involving search and seizure, confessions, use of force and the First Amendment, are just
a few practice applications of the Bill of Rights.
Q12: First Amendment
A: Freedom of Speech, religion, press, petition and assembly
Q13: Freedom of Religion—Establishment Clause—Three Prong Test
A: 1. Does the law, or other government action, have a bona fide secular or civic purpose?
2. Does the primary effect neither advance or inhibit religion (is it neutral)?
3. Does the law avoid excessive governmental entanglement with religion?
Q14: Test for free exercise challenges
A: Individual claiming infringement: Is the individual motivated by a sincere religious belief?
and Is there a substantial infringement upon those beliefs?
Governments interest in making the restrictions: Is the Government acting in furtherance
of a "compelling state interest?" and Has the government pursued that interest in a matter
that is least restrictive or least burdensome to religion?
Q15: Fighting Words
A: "Fighting words" are those words that by their very utterance inflict injury or tend to incite
an immediate breach of peace. Fighting words are so abusive they are likely to incite
immediate physical retaliation or fight. Angry words alone do not constitute fighting
words.
Fighting words, offensive, and threatening speech are unprotected by the Constitution.
Q16: Fourth Amendment
A: Search and Seizure
Q17: Fifth Amendment
A: Self Incrimination, Double Jeopardy, Due Process
Q18: Sixth Amendment
A: Rights of the accused in a criminal manner
speedy and public trial
right to jury trial
rights of confrontation and compulsion
right to counsel
jurisdiction
right to an attorney
informed of nature of charges
100% Verified Answers
Q1: Define what the Constitution is
A: The United States Constitution embodies the fundamental principles of our government.
Our Constitution, adopted by sovereign power, is amendable by that power only. All
laws, executive actions, and judicial decisions must conform to the Constitution.
Q2: Where does the constitution come from?
A: The Constitution was written in the 18th century. The Bill of Rights, or first Ten Amendment
to the Constitution, was not adopted until 1791. The Bill of Rights contains the vast bulk of
fundamental rights, which for the basis for much of our case and statutory law.
Q3: How is the Constitution relevant to LE?
A: As Law Enforcement officers, you are sworn to uphold the Constitution. Understanding
constitutional privileges is crucial to avoid civil liability. Also, to assure evidence is
admissible in criminal matters.
Q4: Article 1
A: The Legislative Branch
Q5: Article 2
A: The Executive Branch
Q6: Article 3
A: The Judicial Branch
Q7: Article 4
A: Relations Between The States (Full faith and credit clause).
Q8: Article 5
A: The Amendment Process
Q9: Article 6
A: General Provisions, Supremacy of the Constitution (Supremacy Clause)
Q10: Article 7
A: Ratification Process
Q11: Define the Bill of rights and why it applies to the states
, A: It was not until the 1960's that the US Supreme Court became heavily involved involved in
interpreting how the Bill of Rights applied to the actions of LE Officers.
The Bill of Rights encompasses much of what you will have to face as LE officers. Issues
involving search and seizure, confessions, use of force and the First Amendment, are just
a few practice applications of the Bill of Rights.
Q12: First Amendment
A: Freedom of Speech, religion, press, petition and assembly
Q13: Freedom of Religion—Establishment Clause—Three Prong Test
A: 1. Does the law, or other government action, have a bona fide secular or civic purpose?
2. Does the primary effect neither advance or inhibit religion (is it neutral)?
3. Does the law avoid excessive governmental entanglement with religion?
Q14: Test for free exercise challenges
A: Individual claiming infringement: Is the individual motivated by a sincere religious belief?
and Is there a substantial infringement upon those beliefs?
Governments interest in making the restrictions: Is the Government acting in furtherance
of a "compelling state interest?" and Has the government pursued that interest in a matter
that is least restrictive or least burdensome to religion?
Q15: Fighting Words
A: "Fighting words" are those words that by their very utterance inflict injury or tend to incite
an immediate breach of peace. Fighting words are so abusive they are likely to incite
immediate physical retaliation or fight. Angry words alone do not constitute fighting
words.
Fighting words, offensive, and threatening speech are unprotected by the Constitution.
Q16: Fourth Amendment
A: Search and Seizure
Q17: Fifth Amendment
A: Self Incrimination, Double Jeopardy, Due Process
Q18: Sixth Amendment
A: Rights of the accused in a criminal manner
speedy and public trial
right to jury trial
rights of confrontation and compulsion
right to counsel
jurisdiction
right to an attorney
informed of nature of charges
