CWP Final exam with 100% correct answers 2024

1.)Can State money be used to fund a religious school? - answer-NO-They can't give money to the promotion of religious beliefs. 2.)Is it ok for the Federal Government to imprison people for suspicion of being a threat according to the ruling in Korematsu v. United States? - answer-In 1988 the Federal Gov. admitted that the wartime relocation had been both unnecessary and unjust. Congress voted to pay 20,000$ to each living internee. 3.)Can congress make a law about how to practice religion? - answer-NO-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... 4.)Does the constitution allow the government to favor one religion over others? - answer-NO-Free Exercise Clause says/guarantees to each person the right to believe whatever he/she chooses to believe in matters of religion. CWP - answer-CWP 16.)A writ of habeas corpus is a - answer-A.)Court order preventing an unjust arrest or imprisonment 5.)Is it ok to hold a class prayer in a religious private high school? - answer-YES-Many individuals and groups have long proposed that the constitution be amended to allow voluntary prayer in the public schools. Despite these decisions both organized prayer and bible readings are found in a great many public school classrooms today. 15.)If this man has been charged with a federal crime, which amendment protects the right he is exercising in this conversation with his lawyer? - answer-A.)The 6th Amendment 6.)Did the founding fathers support a state sponsored church? - answer-NO 7.)In the excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? -"The question in every case is 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." - answer-C.)-The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned. 8.)Is the burning of a draft card a legal form of free speech? - answer-NO 9.)Is a campaign contribution a form of free speech? - answer-YES and LEGAL 11.)The police officer is testing the driver to see if she has been drinking alcohol. How are the rule of law and individual rights balanced in a case like this one? - answer-A.)The officer can conduct this test without a warrant or permission because society has a right to protect itself from drunk drivers. 10.)What ruling did the Supreme Court make regarding flag burning in Texas v. Johnson? - answer-E.) Laws banning the burning of the US flag are unconstitutional because flag burning is a form of free speech 10.)Review the 2 categories of due process shown here, then choose the example that would represent a violation of procedural due process. - answer-A.)A person is sent to prison without first being advised of what crime he/she has committed. 8.)Summarize the 3 part test the Supreme Court uses to determine if the gov. Can punish an act of protest or dissent without violating free speech. - answer-First, the protest must involve something over which the gov. Has constitutional authority. Second, the limits the government places on free expression must not be too extreme. Third, the government must not be motivated simply by the desire to keep people from expressing dissent. There must be a public interest served by the punishment. 9.)How does the 1st protections of freedom of assembly apply to private versus public property? - answer-A.)There is no constitutional right to assemble on private property,but peaceful assembly on public property is a protected right. 8.)Summarize the views in the debate over the confidentiality of news sources and how the Supreme Court has ruled on the issue. - answer-Supporters of confidentiality argue that news reporters need to guarantee that their sources will remain secret so that those sources will reveal important information. Opponents of this view, including the Supreme Court, have held that there is no constitutional right to confidentiality. They have ruled that reporters are required to answer questions about sources during grand jury investigations and trials. 10.)If you commit a crime like vandalism during a civil disobedience protest can you be charged for the crime? - answer-YES 9.)Can a Union protest on their boss's front yard? - answer-NO private property 11.)Is it legal for a state to require 1 race to use voter registration cards but not everyone? - answer-NO 12.)Is it legal for the state to require people to wear seat belts for their safety? - answer-YES-Overall public good 6.)How did the Supreme court rule on these two cases involving the protection of symbolic speech under the 1st amendment? - answer-A.) Burning an american flag is a form of free expression. Burning a cross is not a form of free expression 5.)Under what kinds of circumstances is the gov. Allowed to limit personal rights for the public good? Use examples to support your argument. - answer--It is generally accepted that gov. Can limit personal rights when issues of public health, safety, morals, and general welfare are protected as a result. For example, a parent is required by law to have his/her child receive certain vaccinations even if he/she does not agree. But the gov. Cannot do this in a way that violates due process by acting in an unfair or unreasonable fashion. 13.)What is the significance of the 14th Amendment? - answer--A.)It provides that the States, like the Federal Government, cannot deny basic rights to their people. 4.)Which constitutional clause is used as the basis for the separation of church and state at the federal level of the US government? - answer-A.)Establishment Cause 23.)Explain what is meant by the phrase "separation of church and state". Give examples to support your answer. - answer-The phrase "separation of church and state" refers to the constitutional separation of church and gov. Set up by the Establishment Clause of the 1st. This means that gov. Cannot exercise undue influence over, or have involvement in, matters of religion in the United States. For example, there can be no official government-sponsored churches in the United States. Nor can the government require any person to profess to support any particular religion. 14.)Compare and contrast the ways in which the 5th and 14th Amendment uphold the principle of due process. - answer-The 5th Amendment states that the federal gov. Cannot deprive its citizens of due process under the law. The 14th Amendment extends this due process protection to the citizens of the individual states. However, the 5th amendment includes a guarantee of trial by grand jury that the 14th amendment does not extend to the states. In addition, the 14th amendment also extends provisions of amendments beyond the 5th amendment to the states. 25.)How does the right of association extend the right of assembly? - answer-The right of association guarantees the right to not only assemble with others to express one's views, but also to associate with others to promote political, social, and economic causes. To associate with others implies a longer term of interaction than does an assembly. Thus, the right of association extends the right of assembly. 2.)How has the 9th amendment affected the principle of limited government and the protection of individual rights in the United States? - answer-By retaining certain unspecified rights for the people, the 9th acts to limit the power of the Federal Government. At the same time, it provides some flexibility for the extension of new individual rights to the people over time, such as the guarantee that an accused person will not be tried on the basis of unlawfully collected evidence. 16.)Examine the interaction between the police officer and citizen. Identify the legal justification the police officer must have under the 4th Amendment to do what she is doing? - answer-A.)Probable Cause 15.)Read this famous quotation from Justice Oliver Wendell Holmes. Which is the best interpretation of Holmes' meaning? - answer--"The most stringent(strict) protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic."-Justice OWH, opinion of the Court, Schenck v. United States(1919) A.)The right to free speech doesn't apply when it infringes upon the rights and safety of others. 1.)Based on the information in this chart, which would most likely happen if a state passed a law eliminating jury trials as a cost-saving measure? - answer-The law would be declared unconstitutional 28.)The 6th amendment guarantees a person accused of a crime a speedy and public trial. However, a trial can be too speedy or too public. Give examples of situations in which the Supreme Court would consider a trial too speedy or too public. - answer-The Supreme Court would consider a trial too speedy if the defendant does not have adequate time to prepare for a trial or to present his or her case. With regard to a public trial, the Court would consider a trial too public if speculators tried to disrupt the courtroom or if testimony might be embarrassing to a witness or other person not a party to the case. In addition, a trial would be considered too public if media coverage might jeopardize a defendant's right to a fair trial. 3.)Read the excerpt from the text -"The court introduced a three pronged standard, now known as the Lemon Test to decide whether a state law amounts to an establishment of religion. That standard states-1-a law must have a secular, not religious purpose-2-it must neither advance nor inhibit religion-3-it must not foster an excessive entanglement of government and religion" How has the Lemon Test affected Supreme Court rulings about public aid to religious schools is unconstitutional? - answer-A.)The Court has used the Lemon Test to rule that most public aid to religious schools is unconstitutional. 17.)How did the Supreme Court reinterpret the provisions of the 13th amendment in the 1968 case Jones v. Mayer? - answer-A.)The Court expanded the 13th amendment's protections against racial discrimination to include granting African Americans the same rights as whites in buying or renting a home. 27.)What is the writ of habeas corpus and how does it limit the power of government? - answer-The writ of habeas corpus is a court order directed to an officer who is holding a prisoner. It commands that the prisoner be brought before the court and that the officer explain, with good reason, why the prisoner should not be released. It limits the power of government by preventing unjust arrests and imprisonments. It forces the government to state its reasons for arresting or imprisoning a person. 18.)How did the Supreme Court's ruling in Mapp v. Ohio limit the powers of law enforcement? - answer-The decision extends the 4th amendment protection against unreasonable searches and seizures to the States, so that it applied to all State law enforcement officers as well as federal officers. 7.)Read this excerpt from the Supreme Court's ruling in the freedom of expression case West Virginia Board of education v. Barnette. -"But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.. If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matter of opinion, or force citizens to confess by word or act there faith therein"1943 Which statement best expresses what the court is saying about freedom of expression? - answer-A.)Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas. 19.)What did the Supreme Court cite as the constitutional basis of its decision in Roe v. Wade? - answer-The court based its decision on the right to privacy. The right to privacy is not stated specifically in the constitution, but is considered to be part of the 14th amendment's guarantee of Due Process, which protects people from unwanted government intrusion. 26.)One way that the Supreme Court has reshaped its recent interpretation of the 2nd amendment has been by - answer-A.)Upholding prohibitions against the possession of firearms by felons. 20.)Which amendment gives you the right to remain silent? - answer-5th Amendment -pleading the 5th 21.)What is the Miranda rule established by the Supreme Court's ruling in Miranda v. Arizona? - answer-A.)Police must read criminal suspects their rights before questioning them. 12.)Read this excerpt from the lesson text-"Another aspect of due process relates to the right of eminent domain, that is, the power of the gov. To take private property for public use. Contrary to what many believe, this right is real."-In order to exercise this power, the Federal Government must - answer-A.)Provide fair compensation to the owners for any property taken. 13.)Read this excerpt on 1st amendment rights-"The constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence public policy, whether in political parties, interest groups, or other organizations. It also protects the peoples right to petition-to bring their views to the attention of public officials by such varied means as written petitions, letters, or advertisements; lobbying; and parades or marches." Which of these actions would be an UNCONSTITUTIONAL violation of rights? - answer-A.)The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racial beliefs. 22.)What is the purpose of the requirement, upheld in cases such as Hernandez v. Texas, that a jury be drawn from a cross section of the community? - answer-This requirement ensures that juries include members of all major ethnic or racial groups in a community. The goal is to lower the chance of a jury being biased against a defendant because of "race, color, religion, national origin, or gender." 14.)How has the Supreme Court's interpretation of the 2nd change over time?What is the current interpretation? - answer-For many years, the court avoided ruling on the 2nd. When it did, it ruled that the 2nd protected the right to form militias, not the rights of individuals to own guns. This has changed with recent rulings, and now the 2nd has been defined as protecting the right of individual gun ownership. 24.)Can a city or county government set up a nativity scene in a public square or display a monument to the ten commandments? Explain your answer thoroughly, using examples. - answer-A display by a public organization such as a city or county of a religious monument or religious holiday decorations is generally not allowed under the Establishment Clause. Such a display violates the 1st ban against an endorsement of religion by gov. Some exceptions have been permitted, however. For example, a religious display that also includes non-religious items, such as a Santa Claus, would be allowed under the 1st. Similarity, a monument of the Ten Commandments that was set among other historical and cultural monuments and that have been in place for a significant number of years would also be allowed. If, however, those other, non-religious monuments have been later added , after the constitutionally of the Ten Commandments monument has been questioned, the Court would find the existence of the original monument to be unconstitutional.