Deck 2: Constitutional Limitations

Question 1

The legislature passed a law that prohibits vehicles in any state park. The law defines a vehicle as an object with wheels. Last month, Mike was given a ticket while pushing a baby stroller through the park. If Mike challenges his ticket on constitutional grounds, the most effective legal challenge is based on which argument?

A) The law is void for vagueness.
B) The law is an ex post facto law.
C) The law violates the equal protection clause.
D) The law does not satisfy the rational basis test.

Answer 1

A

Question 2

A law that makes distinctions based on gender is subject to which type of scrutiny?

A) rational basis
B) intermediate
C) beyond a reasonable doubt
D) clear and convincing

Answer 2

B

Question 3

The constitution's prohibition on bills of attainder and ex post facto laws and the constitution's requirement of statutory clarity form the basis of what fundamental principle of criminal law?

A) equal protection
B) right to privacy
C) rule of legality
D) prohibition against cruel and unusual punishment

Answer 3

C

Question 4

Which of the following best characterizes the evolution of the U.S. Supreme Court's interpretation of the Second Amendment?

A) The court has expanded its interpretation of the Second Amendment, holding that gun ownership for self-defense is a legitimate exercise of the right to bear arms.
B) The court has held that any restriction on gun ownership is unconstitutional.
C) The court has reaffirmed that gun ownership must be linked to the preservation of a well-regulated militia.
D) The court has reaffirmed that the Second Amendment protections are limited to weapons that existed at the time that the Second Amendment was drafted.

Question 5

A law that requires individuals to be a certain age before obtaining a driver's license is likely subject to what form of scrutiny?

A) strict scrutiny
B) maximum scrutiny
C) rational basis test
D) intermediate scrutiny

Question 6

Which of the following best characterizes the scope of the individual's rights under the First Amendment?

A) The content of the individual's speech is unrestricted under the First Amendment.
B) Although the freedom of speech is a broadly protected fundamental right, the individual's right to free speech is not unlimited.
C) The only limitation on an individual's freedom of speech is the prohibition against hate speech.
D) An individual may be prohibited from making any form of offensive speech.

Question 7

After a year of controversial public debate, the state legislature passed a law last month prohibiting a certain form of conduct. In response, a local prosecutor charged Sam with violating the law based on the conduct Sam committed 6 months ago. What is the appropriate challenge to the prosecution?

A) The prosecution is valid because the public was on notice that the law might be passed.
B) The prosecution is invalid because it violates the prohibition against ex post facto laws.
C) The prosecution is valid because it upholds the doctrine of legality.
D) The prosecution is invalid because it violates the prohibition against bills of attainder.

Question 8

Which of the following is not a proper limitation of an individual's rights under the Second Amendment?

A) a ban on possession of a gun by a convicted felon
B) a ban on possession of a gun by a person who is mentally ill
C) a flat ban on carrying a loaded firearm within accessible reach outside the home
D) a law requiring the safe storage of guns

Question 9

Which of the following punishments has not been held unconstitutional?

A) carrying out the death penalty via crucifixion
B) sentencing a person to death who was 17 years old at the time of the offense
C) sentencing a juvenile to life imprisonment without parole for a nonhomicide offense
D) sentencing a person to death who was 18 years old at the time of the offense

Question 10

A city passed a new ordinance that limits habitation of ethnic minorities on certain streets, in order to preserve culture and heritage. Jeffrey wishes to move to Chinatown to be close to his favorite restaurants, but the ordinance prohibits this. If challenged as an equal protection violation, which standard is appropriate?

A) The ordinance is presumed valid so long as it is rationally related to a constitutionally permissible state interest.
B) The ordinance must be substantially related to an important government objective.
C) The ordinance must be strictly necessary and there must be no alternative approach to advancing a compelling state interest.
D) The ordinance must be logically related to a historic interest beyond a reasonable doubt.

Question 11

The right to privacy is limited to the protection of persons and objects.

Question 12

The execution of a person who is younger than 18 years of age at the time of a capital offense constitutes cruel and unusual punishment.

Question 13

The U.S. Supreme Court has interpreted cross burning as a form of hate speech, regardless of the intent.

Question 14

An individual's act of incitement to violent action is constitutional unless the incitement is of imminent violence.

Question 15

The right to privacy is explicitly stated in the U.S. Constitution.

Question 16

Law enforcement may place a GPS device on a suspect's car because there is no reasonable expectation of privacy in a vehicle's movement.

Question 17

Since 2014, the total number of executions carried out nationwide has declined.

Question 18

A student may not be compelled to pledge allegiance to the American flag.

Question 19

A law that prohibits providing contraceptives to unmarried individuals is an unconstitutional violation of the Fourth Amendment right to privacy.

Question 20

In Virginia, the Supreme Court held that a law prohibiting non-law-enforcement persons from carrying a weapon on the campus of George Mason University is an unconstitutional violation of the Second Amendment.

Question 21

Individual rights and liberties need to be balanced against the need for social order and stability.

Question 22

The freedom to make choices concerning personal lifestyle and an individual's body and reproduction are protected by privacy laws.

Question 23

Does the right to privacy lack a clear meaning and why or why not?

Question 24

Define and distinguish the three types of scrutiny under the Equal Protection Clause.

Question 25

What does due process require with respect to criminal law? Why is due process important?