POLS 2302 EVALUATION EXAM UPDATED QUESTIONS
AND ANSWERS GRADED A+
✔✔Texas v. Johnson - ✔✔1989 case in which the Supreme Court decided that burning
the flag was a form of symbolic speech protected by the First Amendment and found the
law, as applied to flag desecration, to be unconstitutional.
✔✔Employment Division v. Smith - ✔✔1990 case in which Supreme Court made a
controversial decision to narrow the Sherbert test. Also known as "the peyote case," the
Court ruled that the "compelling government interest" standard should not apply;
instead, so long as the law was not designed to target a person's religious beliefs in
particular, it was not up to the courts to decide that those beliefs were more important
than the law in question.
✔✔"Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the Government for a redress
of grievances." - ✔✔1st Amendment
✔✔Kelo v. City of New London - ✔✔2005 case in which Supreme Court sided with
municipal officials taking homes in a middle-class neighborhood to obtain land for a
large pharmaceutical company's corporate campus
✔✔District of Columbia v. Heller - ✔✔2008 narrow (5-4) ase in which Supreme Court
found that at least some gun control laws did violate the Second Amendment and that
this amendment does protect and individual's right to keep and bear arms, at least in
some circumstances, such as self-defense within the home.
✔✔"A well regulated Militia, being necessary to the security of a free State, the right of
the people to keep and bear Arms, shall not be infringed." - ✔✔2nd Amendment
✔✔"The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized." - ✔✔4th
Amendment
✔✔"No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to be twice put in jeopardy
of life or limb; nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
, private property be taken for public use, without just compensation." - ✔✔5th
Amendment
✔✔"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence." - ✔✔6th Amendment
✔✔"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted." - ✔✔8th Amendment
✔✔symbolic speech - ✔✔a form of expression that does not use writing or speech but
nonetheless communicates an idea (e.g., wearing an article of clothing to show
solidarity with a group)
✔✔prior restraint - ✔✔a government action that stops someone from doing something
before they are able to do it (e.g. forbidding someone to publish a book he or she plans
to release)
✔✔blue law - ✔✔a law originally created to uphold a religious or moral standard, such
as prohibition against selling alcohol on Sundays
✔✔Patriot Act - ✔✔a law passed by Congress in the wake of the 9/11 attacks that
broadened federal powers to monitor electronic communications
✔✔search warrant - ✔✔a legal document, signed by a judge, allowing police to search
and/or seize persons or property
✔✔undue burden test - ✔✔a means of deciding whether a law that makes it harder for
women to seek abortions is consitutional
✔✔conscientious objector - ✔✔a person who claims the right to refuse to perform
military service on the grounds of freedom of thought, conscience, or religion
✔✔double jeopardy - ✔✔a prosecution pursued twice at the same level of government
for the same criminal action
✔✔exclusionary rule - ✔✔a requirement, from Supremem Court case Mapp v. Ohio,
that evidence obtained as a result of an illegal search or seizure cannot be used to try
someone for a crime
AND ANSWERS GRADED A+
✔✔Texas v. Johnson - ✔✔1989 case in which the Supreme Court decided that burning
the flag was a form of symbolic speech protected by the First Amendment and found the
law, as applied to flag desecration, to be unconstitutional.
✔✔Employment Division v. Smith - ✔✔1990 case in which Supreme Court made a
controversial decision to narrow the Sherbert test. Also known as "the peyote case," the
Court ruled that the "compelling government interest" standard should not apply;
instead, so long as the law was not designed to target a person's religious beliefs in
particular, it was not up to the courts to decide that those beliefs were more important
than the law in question.
✔✔"Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the Government for a redress
of grievances." - ✔✔1st Amendment
✔✔Kelo v. City of New London - ✔✔2005 case in which Supreme Court sided with
municipal officials taking homes in a middle-class neighborhood to obtain land for a
large pharmaceutical company's corporate campus
✔✔District of Columbia v. Heller - ✔✔2008 narrow (5-4) ase in which Supreme Court
found that at least some gun control laws did violate the Second Amendment and that
this amendment does protect and individual's right to keep and bear arms, at least in
some circumstances, such as self-defense within the home.
✔✔"A well regulated Militia, being necessary to the security of a free State, the right of
the people to keep and bear Arms, shall not be infringed." - ✔✔2nd Amendment
✔✔"The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized." - ✔✔4th
Amendment
✔✔"No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to be twice put in jeopardy
of life or limb; nor shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
, private property be taken for public use, without just compensation." - ✔✔5th
Amendment
✔✔"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence." - ✔✔6th Amendment
✔✔"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted." - ✔✔8th Amendment
✔✔symbolic speech - ✔✔a form of expression that does not use writing or speech but
nonetheless communicates an idea (e.g., wearing an article of clothing to show
solidarity with a group)
✔✔prior restraint - ✔✔a government action that stops someone from doing something
before they are able to do it (e.g. forbidding someone to publish a book he or she plans
to release)
✔✔blue law - ✔✔a law originally created to uphold a religious or moral standard, such
as prohibition against selling alcohol on Sundays
✔✔Patriot Act - ✔✔a law passed by Congress in the wake of the 9/11 attacks that
broadened federal powers to monitor electronic communications
✔✔search warrant - ✔✔a legal document, signed by a judge, allowing police to search
and/or seize persons or property
✔✔undue burden test - ✔✔a means of deciding whether a law that makes it harder for
women to seek abortions is consitutional
✔✔conscientious objector - ✔✔a person who claims the right to refuse to perform
military service on the grounds of freedom of thought, conscience, or religion
✔✔double jeopardy - ✔✔a prosecution pursued twice at the same level of government
for the same criminal action
✔✔exclusionary rule - ✔✔a requirement, from Supremem Court case Mapp v. Ohio,
that evidence obtained as a result of an illegal search or seizure cannot be used to try
someone for a crime
