#1
Which amendment protects the freedom of speech in the United States?
First Amendment
ExplanationPrimary safeguard for free speech rights.
#2
What is the 'right to assemble' as protected by the First Amendment?
Right to peaceful protest and gather in groups
ExplanationFreedom to gather peacefully and petition the government.
#3
What is the 'Miranda warning' associated with?
Right to remain silent and right to an attorney
ExplanationGuarantees certain rights to individuals in police custody.
#4
Which Supreme Court case established the concept of 'judicial review'?
Marbury v. Madison
ExplanationAsserted the power of the courts to review the constitutionality of governmental actions.
#5
Which case established the 'exclusionary rule' as a remedy for Fourth Amendment violations?
Mapp v. Ohio
ExplanationExcludes evidence obtained in violation of the Fourth Amendment from being used in court.
#6
What is the 'Establishment Clause' in the First Amendment?
Separation of church and state
ExplanationPrevents government favoritism towards any religion.
#7
Which test is used by the Supreme Court to evaluate the constitutionality of laws restricting free speech?
Lemon Test
ExplanationAssesses if government actions have secular purpose and do not promote or inhibit religion.
#8
Which constitutional principle is associated with the idea that government power should be divided between different branches to prevent abuse?
Checks and Balances
ExplanationPrevents concentration of power in any single branch.
#9
What is the 'Free Exercise Clause' in the First Amendment?
Freedom of religion
ExplanationProtects the right to practice one's religion.
#10
Which constitutional amendment protects against unreasonable searches and seizures?
Fourth Amendment
ExplanationSafeguards against arbitrary invasions of privacy by the government.
#11
What does the term 'stare decisis' mean in the legal context?
Let the decision stand, or precedent
ExplanationPrinciple of deciding cases based on precedent.
#12
What is the 'Equal Protection Clause' in the Fourteenth Amendment intended to prevent?
Discrimination based on race
ExplanationMandates equality under the law and prohibits discriminatory treatment.
#13
What is the concept of 'prior restraint' in the context of the First Amendment?
Government censorship before publication
ExplanationPrepublication censorship by the government.
#14
Which landmark case established the 'clear and present danger' test for limiting free speech?
Schenck v. United States
ExplanationRestricts speech that presents a clear and present danger of inciting harmful actions.
#15
In the context of the First Amendment, what does the term 'content-neutral' mean?
Restrictions based on the subject matter of speech
ExplanationLaws that regulate speech without regard to the content of the speech.
#16
Which Supreme Court case affirmed the right to burn the American flag as a form of symbolic speech?
Texas v. Johnson
ExplanationHeld that burning the flag constitutes symbolic speech protected by the First Amendment.
#17
Which clause in the Constitution grants Congress the power to make laws 'necessary and proper' for executing its enumerated powers?
Necessary and Proper Clause
ExplanationEmpowers Congress to enact laws essential to carrying out its other powers.
#18
In the context of the First Amendment, what is 'commercial speech'?
Speech related to commercial transactions
ExplanationProtected speech that advertises a product or service.
#19
What is the 'Lemon Test' used for in the context of the Establishment Clause?
Determining the constitutionality of government aid to religious schools
ExplanationAssesses if government actions have a secular purpose, do not promote or inhibit religion, and avoid excessive entanglement with religion.