Constitutional Law II Fourteenth Amendment Worksheet

Constitutional Law IIDirections: For items 1-40, select the correct answer.
1. Substantive due process draws on what key word in the Fourteenth Amendment?
A. liberty
B. freedom
C. substance
D. procedural
2. Which of the following amendments was not cited as a location of the right to privacy
in the Griswold opinions?
A. First
B. Fourth
C. Eighth
D. Ninth
3. In the majority opinion in Roe, where did the Court locate the right to privacy?
A. Ninth Amendment
B. Fourth Amendment
C. Fourteenth Amendment
D. Fifth Amendment
4. In Planned Parenthood v. Casey, what provision of the Pennsylvania statute was ruled
an “undue burden” and thus invalidated?
A. informed consent
B. parental consent for minors
C. recordkeeping for health purposes
D. spousal notification
5. In what case did the Supreme Court’s majority opinion reject Roe’s trimester
framework?
A. Planned Parenthood v. Casey
B. Akron v. Akron Center for Reproductive Health
C. Webster v. Reproductive Health Services
D. The trimester framework has not been rejected.
6. Lawrence v. Texas overruled what previous decision?
A. Stanley v. Georgia
B. Bowers v. Hardwick
C. Griswold v. Connecticut
D. Katz v. United States
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7. On what did Justice O’Connor base her concurring opinion in Lawrence v. Texas?
A. her disagreement with the decision in Bowers v. Hardwick
B. her disagreement with the decision in Stanley v. Georgia
C. the substantive component of the Fourteenth Amendment’s Due Process Clause
D. the Fourteenth Amendment’s Equal Protection Clause
8. In Washington v. Glucksberg and Vacco v. Quill, the Supreme Court ______.
A. upheld state laws making assisted suicide a crime
B. struck down state laws making assisted suicide a crime
C. upheld state laws allowing random drug testing in the workplace
D. struck down state laws allowing random drug testing in the workplace
9. What justice wrote a dissent in Olmstead v. United States that became an important
opinion in the right to privacy debate?
A. John Harlan
B. Potter Stewart
C. Louis Brandeis
D. Harry Blackmun
10. Where does the word privacy first appear in the Bill of Rights?
A. First Amendment
B. Fourth Amendment
C. Fourteenth Amendment
D. It is not in the Bill of Rights
11. In general, how has the Supreme Court ruled on the issue of parental consent for
minors seeking an abortion?
A. It has upheld most requirements of parental consent.
B. It has deemed most requirements of parental consent unconstitutional.
C. It has allowed doctors to determine if parents should be notified.
D. It has yet to hear a case on the issue.
12. What was the test proposed by O’Connor in her Akron dissent?
A. the substantive due process test
B. the rational basis test
C. the undue burden test
D. the abortion protection test
13. Which of the following best describes the Court’s ruling on eavesdropping in Katz v.
U.S.?
A. Eavesdropping never requires a warrant.
B. Eavesdropping without a warrant is allowed as long as police don’t violate the
“physical penetration” rule.
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C. Eavesdropping without a warrant is not permitted in a home but is constitutional in
a phone booth because there is no expectation of privacy.
D. Eavesdropping constitutes a “search and seizure” and thus requires a warrant.
14. In what case did the Supreme Court create the exclusionary rule?
A. Weeks v. United States
B. Wolf v. Colorado
C. Mapp v. Ohio
D. Terry v. Ohio
15. What Court is known for expanding the rights of the criminally accused?
A. the Burger Court
B. the Warren Court
C. the Rehnquist Court
D. the Hughes Court
16. Which of the following statements best describes the incorporation of the
exclusionary rule into the Due Process Clause of the Fourteenth Amendment?
A. The exclusionary rule has not been incorporated.
B. The exclusionary rule was incorporated in the Weeks v. United States ruling.
C. The exclusionary rule was incorporated in the United States v. Leon ruling.
D. The exclusionary rule was incorporated in the Mapp v. Ohio ruling.
17. Which of the following statements is not true?
A. Statements made without Miranda warnings may be used for counteracting perjury.
B. Miranda warnings are required even when a suspect is unaware he is speaking to a
law enforcement official.
C. When there is danger to public safety, the police may question to remove the danger
prior to reading Miranda warnings.
D. Even if police enter a home illegally to make an arrest, they can still obtain a valid
confession if a suspect is read his/her Miranda rights.
18. What was the key to the Court upholding the Miranda decision in Dickerson v. U.S.?
A. the totality-of-circumstances test
B. stare decisis
C. that Miranda warnings are guaranteed by the Constitution
D. none of these
19. In Missouri v. Seibert, the Court ______.
A. allowed an extension of Miranda beyond its original scope
B. ignored its precedent in Miranda
C. rejected an extension of Miranda beyond its original scope
D. none of these
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20. Which statement best describes the Supreme Court’s decision in Powell v. Alabama
(The Scottsboro Boys Case)?
A. The Sixth Amendment guarantees the right to counsel for every defendant.
B. Unusual circumstances (i.e., capital offenses) necessitate counsel to ensure fairness
for the defendants.
C. The Sixth Amendment does not guarantee defendants the right to counsel.
D. The defendants in Powell v. Alabama received an adequate defense given the
circumstances of the crime.
21. Gideon v. Wainwright overruled the Supreme Court’s decision in what previous case?
A. Powell v. Alabama
B. Argersinger v. Hamlin
C. Johnson v. Zerbst
D. Betts v. Brady
22. What Amendment prohibits excessive bail?
A. Fourth
B. Fifth
C. Sixth
D. Eighth
23. Which of the following statements about jury selection is not true?
A. Attorneys have an unlimited number of “challenges for cause.”
B. Judges may conduct initial interviews excusing certain classes of people, including
felons and the mentally ill.
C. Peremptory challenges require attorneys to state a reason for dismissing a juror.
D. all of these
24. Which of the following circumstances did the Supreme Court say violated the
Confrontation Clause of the Sixth Amendment?
A. A judge removed a disruptive and abusive defendant, and the trial proceeded
without the accused present.
B. A child witness testified behind a screen so the child would not have to see the
defendant.
C. A child witness testified on a closed circuit television so the child would not have to
see the defendant.
D. all of these
25. What two justices argued that the death penalty is unconstitutional in all
circumstances in their decisions in both Furman v. Georgia and Gregg v. Georgia?
A. Douglas and Stewart
B. Marshall and Stewart
C. Brennan and Marshall
D. Marshall and Douglas
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26. What Amendment contains the Double Jeopardy Clause?
A. Fourth
B. Fifth
C. Sixth
D. Eighth
27. Which of the following statements is true?
A. A defendant who robs multiple victims at once can be tried in separate trials for
robbing each victim until a guilty verdict is reached.
B. Separate governments (including separate states) can prosecute an individual for the
same incident if it occurred in multiple jurisdictions.
C. The government can appeal not guilty verdicts.
D. none of these
28. What Supreme Court Justice argued that “Constitution is colorblind” in his dissent
in Plessy v. Ferguson?
A. Henry Brown
B. Edward White
C. John Harlan
D. Roger Taney
29. What statement best describes the Court’s decision in Sweatt v. Painter?
A. The Court ruled in favor of the University of Texas Law School based on the
“separate but equal” doctrine established in Plessy.
B. The Court ruled Sweatt should be admitted to the Texas Law School because the law
school for Black students was not equal to the law school for White students.
C. The Court overturned Plessy, arguing that it did not matter if the two facilities were
equal or not because segregation implied inferiority.
D. The Court ruled in favor of the Texas Law School, arguing its decision not to admit
Sweatt passed the “strict scrutiny” test.
30. In Brown II, the Court said that the primary duty of implementing the decision and
ending school segregation rested with what political body?
A. local school boards
B. district courts
C. Congress
D. the Supreme Court
31. By 1960, six years after Brown I, roughly what percentage of Black students in
southern states attended schools with White students?
A. less than 1%
B. 10%
C. 50%
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D. over 90%
32. Which of the following statements is true?
A. Although federal laws prohibit various forms of discrimination based on race and
sex, no law explicitly protects homosexuals.
B. While Americans’ views about Blacks and women have changed since the early
1970s, they have remained more stable, and negative, toward gays and lesbians.
C. The 1996 Defense of Marriage Act permits states to refuse to recognize same-sex
marriages performed in other states.
D. all of these
33. In discrimination cases based on economic status, what test has the Court used
when a “fundamental” right, such as the right to vote, is involved?
A. strict scrutiny test
B. heightened scrutiny test
C. rational basis test
D. The Court has not used any type of test in cases based on economic status.
34. What little-used clause of the Constitution did the Court use in part to justify its
decision in Saenz v. Roe?
A. the Due Process Clause of the Fourteenth Amendment
B. the Privileges or Immunities Clause of the Fourteenth Amendment
C. the Commerce Clause
D. the Elastic Clause
35. On what grounds did Justices Brennan, White, Marshall, and Blackmun disagree
with Powell’s majority opinion in Regents of the University of California v. Bakke?
A. the use of the Fourteenth Amendment
B. the use of the Civil Rights Act of 1964
C. the use of strict scrutiny instead of intermediate scrutiny
D. all of these
36. Which of the following characteristics makes an affirmative action or minority setaside program less likely to be found constitutional?
A. It is narrowly tailored to achieve a compelling government interest.
B. It is designed to assist any minority group, whether or not the group has been the
victim of illegal discrimination.
C. It is imposed by a federal court as a remedy for demonstrated constitutional
violations.
D. It avoids the use of quotas.
37. Which of the following statements best describes Chief Justice Rehnquist’s written
opinion about the Supreme Court’s decision to hear Bush v. Gore?
A. He opposed the Court’s decision to accept the case, calling it a nonfederal issue.
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B. He approved of the Court’s decision to accept the case because the appointment of
presidential electors presented a federal constitutional question.
C. He opposed the Court’s decision to accept the case because there was no precedent
for hearing such a case.
D. He argued that the Supreme Court correctly accepted the case because all elections,
even local contests, are federal issues.
38. Which amendment ensures that the right to vote cannot be denied on account of a
person’s sex?
A. Fourteenth
B. Seventeenth
C. Nineteenth
D. Twenty-fourth
39. In which case did the Supreme Court uphold the Voting Rights Act of 1965?
A. Lousiana v. United States
B. Harper v. Virginia State Board of Elections
C. Alabama v. United States
D. South Carolina v. Katzenbach
40. What political body is in charge of apportionment (devising legislative districts)?
A. the U.S. Supreme Court
B. state supreme courts
C. state legislatures
D. the U.S. House of Representatives
Short Answer
41. What guarantees are afforded to the criminally accused in the two clauses of the
Fourth Amendment?
42. How did Jones change the physical trespass standard set out in Katz?
43. What is the process a police officer must use to obtain a search warrant? What is the
key to obtaining one?
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44. What two criteria must be met for a consent search to be valid?
45. What is the exclusionary rule?
46. What is the good faith exception and how does it affect the exclusionary rule?
47. According to the Supreme Court in Escobedo v. Illinois, when does the right to
counsel begin?
48. What was the chief concern of Justice White in his Miranda dissent?
49. How does Seibert strengthen Miranda?
50. Even though Powell v. Alabama did not guarantee the right to counsel in all cases,
how did it expand the right to have counsel present?
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51. How did Zerbst expand the right to counsel? Was this case a major expansion of the
right? Why or why not?
52. What was Justice Black’s argument when he dissented from the Court’s ruling in
Betts?
53. According to the “loss of liberty rule” established in Argesinger v. Hamlin, what
indigent defendants are eligible for counsel at the government’s expense?
54. What was it about the Court’s decision in Shelton that made Justice Scalia dissent?
55. According to Sheppard v. Maxwell what must a state do to guarantee an impartial
trial?
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56. What was Justice Harlan’s argument in his Plessy dissent?
57. What was the key effect of Missouri ex rel. v. Gaines v. Canada?
58. Why did the Court rule against the state of Oklahoma in McLaurin?
59. What makes Brown and Sharpe different?
60. In the two University of Michigan affirmative action cases, why did the Court rule
against the University of Michigan in Gratz v. Bollinger but for the University in Grutter
v. Bollinger?
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