Constitutional Limitations MCQs

Constitutional Limitations MCQs

Our experts have gathered these Constitutional Limitations MCQs through research, and we hope that you will be able to see how much knowledge base you have for the subject of Constitutional Limitations by answering these 70+ multiple-choice questions.
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1: All of the following were identified as functions central to democracy performed by freedom of expression EXCEPT for ______.

A.   Individual self-fulfillment

B.   A vigorous “marketplace of ideas”

C.   Promotes social stability

D.   Allows dissent

2: One of the most hotly debated issues concerning the Second Amendment is whether the right to possess arms is limited to individuals participating in the militia or whether it extends to individuals unconnected to the militia.

A.   True

B.   False

3: The majority of the Bill of Rights was applied to the states by means of ______.

A.   Interpretation

B.   Incorporation

C.   Judicial review

D.   Election

4: The rule of legality has been characterized as the first principle of American criminal law and jurisprudence.

A.   True

B.   False

5: Freedom of speech is granted in which Amendment?

A.   First Amendment

B.   Fourth Amendment

C.   Fifth Amendment

D.   Ninth Amendment

6: The U.S. Constitution does what?

A.   States what government must do for its citizens

B.   Limits the Power of government

C.   States how citizen must act

D.   Protects U.S. citizens from one another

7: The U.S. Constitution does all but which of the following?

A.   Requires laws be clear

B.   Bans bills of attainder

C.   Bans ex post facto laws

D.   Requires equal sentencing

8: A law is passed that distinguishes citizens based on their ethnic background. This law must pass which level of analysis?

A.   Strict scrutiny

B.   Preponderance of the evidence

C.   Common sense

D.   Rational basis

9: A legislative act that punishes an individual or a group of persons without the benefit of a trial is referred to as an amendment.

A.   True

B.   False

10: A law is passed that distinguishes citizens based on their age. This law must pass which level of analysis?

A.   Strict scrutiny

B.   Preponderance of the evidence

C.   Common sense

D.   Rational basis

11: All of the following were identified as a common characteristic shared by speech lacking First Amendment protection EXCEPT ______.

A.   The expression directly causes social harm or injury

B.   The expression offends the majority of community members in which it takes place

C.   The expression lacks social value

D.   The expression is narrowly defined in order to avoid deterring individuals from engaging in open debate

12: Ex post facto laws are laws that are passed ______.

A.   After the fact

B.   When Congress is not in session

C.   With public support

D.   Without public support

13: Due to federalism, states are allowed to outlaw flag-burning.

A.   True

B.   False

A.   Yes, the government cannot restrict any speech.

B.   Yes, the government should have no grounds to limit this form of speech

C.   No, the government can limit speech that encourages “extremely distasteful” behavior and this qualifies.

D.   No, the government can limit speech that encourages “obscene” behavior and these qualities.

15: An ex post facto law is enforced in a criminal trial.

A.   True

B.   False

16: Which of the following matters is not protected by the right to privacy?

A.   Sanctity of the home

B.   Intimate activities

C.   Information

D.   Child care

17: Criminal statutes do not make distinctions based on factors such as age, race, and gender.

A.   True

B.   False

18: The majority of the first ten amendments now apply to the state governments as well as the federal government by means of ______.

A.   Incorporation

B.   Precedence

C.   Legislation

D.   Inspection

19: The constitutional law against ______ are based on the notion in providing individuals notice of criminal conduct and protecting individuals against “after the fact” statutes.

A.   Void for vagueness laws

B.   Statutory clarity laws

C.   Bill of attainder laws

D.   Ex post facto laws

20: Statutes are not a threat to a democratic system simply because they allow trial judges to express discretion when deciding cases.

A.   True

B.   False

21: Due process ensures clarity in criminal statutes.

A.   True

B.   False

22: A ______ is a legislative act that punishes an individual or group of persons without the benefit of a trial.

A.   Rule of legality

B.   Bill of attainder

C.   Ex post facto law

D.   Scrutiny test

23: Which of the following is not a constitutional constraint?

A.   Right to a speedy trial

B.   Statutory clarity

C.   Privacy

D.   Freedom of speech

24: Which of the following cases held unconstitutional an Illinois flat ban on carrying a loaded firearm within accessible reach outside the home?

A.   McDonald v. Chicago

B.   District of Columbia v. Heller

C.   Moore v. Madigan

D.   Kachalsky v. County of Westchester

25: Ex post facto laws are legislative acts that punish an individual or group of persons without the benefit of a trial.

A.   True

B.   False

26: _____ is defined as a legislative act directed against an individual or group of individuals imposing punishment without trial.

A.   Mala prohibita crime

B.   Bill of attainder

C.   None of these

D.   Mala in se crime

27: _____ is known as first ten amendments to the U.S. Constitution.

A.   A monetary transaction intended to disguise the source of the money

B.   Bill of Rights

C.   Money that constituted proceeds from the unlawful activity

D.   None of these

28: Is constitutional democracy a constitutional system that limits the powers of the government?

A.   True

B.   False

29: _____ is the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals due process of law. The Fourteenth Amendment Due Process Clause incorporates most of the protections of the Bill of Rights.

A.   All of these

B.   Property crime

C.   Due Process Clause

D.   Theft

30: _____ is defined as an amendment to the U.S. Constitution that prohibits cruel and unusual punishment.

A.   Bailey v. Walden

B.   Eighth Amendment

C.   State v. Bailey

D.   All of these

31: _____ is known as the Fifth and Fourteenth Amendments to the U.S. Constitution guarantee individuals equal protection of the law.

A.   Equal protection

B.   None of these

C.   Inspection

D.   Incorporation

32: Is ex post facto law a law declaring an act criminal following the commission of the act?

A.   True

B.   False

33: _____ is insulting words causing a breach of the peace.

A.   Fighting words

B.   Freedom of speech

C.   Privacy

D.   None of these

34: _____ is defined as an amendment to the U.S. Constitution that protects freedom of expression, assembly, and free exercise of religion.

A.   Malicious

B.   First Amendment

C.   Specific

D.   All of these

35: Is fourteenth Amendment an amendment to the U.S. Constitution passed in 1868 to provide equal rights and opportunity for newly freed African American slaves. The Fourteenth Amendment incorporates most of the provisions of the Bill of Rights and extends these protections to the states?

A.   False

B.   True

36: _____ is an amendment to the U.S. Constitution that protects individuals against unreasonable searches and seizures.

A.   None of these

B.   Fourth Amendment

C.   Model Penal Code

D.   Modern law

37: _____ is defined as speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences.

A.   Hate speech

B.   Voluntary manslaughter

C.   First-degree murder

D.   All of these

38: _____ is known as words provoking individuals to breach the peace.

A.   Arson.

B.   Incitement to violent action

C.   Murder.

D.   None of these

39: Is the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution is interpreted to include most of the rights contained in the first eight amendments and extends these protections to the states. ?

A.   False

B.   True

A.   None of these; the state does not have to establish the burden of proof

B.   All of these

C.   Intermediate level of scrutiny

D.   Testimony

41: _____ is defined as a civil action for words that harm an individual’s reputation.

A.   Appellee

B.   Libel

C.   All of these

D.   Epileptic seizure

A.   None of these

B.   Minimum level of scrutiny test

C.   Crimes against cultural heritage

D.   Crimes against the person

43: Is nullum crimen sine lege, nulla poena sine lege no crime without law, no punishment without law?

A.   True

B.   False

44: Is obscenity description or representation of sexual conduct that, taken as a whole, by the average person, applying contemporary community standards, appeals to the prurient interest in sex. Sex is portrayed in a patently offensive way and lacks serious literary, artistic, political, or scientific value when taken as a whole?

A.   False

B.   True

45: _____ is a statute that is unconstitutionally broad and punishes both unprotected speech or conduct and protected speech or conduct.

A.   None of these

B.   State v. Lee (1991)

C.   Overbreadth

D.   Commonwealth v. McCloskey (1975)

46: _____ is defined as the constitutional right to be free from unjustified governmental intrusion into the sphere of personal autonomy.

A.   All of these

B.   Constructive

C.   Mere

D.   Privacy

A.   All of these

B.   Use of fire to commit a felony

C.   Rational basis test

D.   Money laundering

48: Is rule of legality an individual may not be punished for an act that was not clearly condemned in a statute prior to the time that the individual committed the act?

A.   False

B.   True

49: _____ is an amendment to the U.S. Constitution that protects the right of individuals to “keep and bear arms.”

A.   Second Amendment

B.   None of these

C.   Commonwealth v. McCloskey (1975)

D.   State v. Smith (2004)

50: _____ is defined as offense based on personal characteristics or condition rather than conduct that constitutes cruel and unusual punishment.

A.   Environmental crimes

B.   Status offense

C.   None of these

D.   Fiduciary fraud