The search of an arrested individual's person incident to his arrest: - answer--may be performed at the scene of the arrest
-may be postponed util arrival at the police station
-arises as an automatic incident to a lawful arrest for any offense
Police have the authority to conduct a Terry pat-...
CONSTITUTIONAL LAW CHAP 1-4 EXAM
After the Constitution was drafted, it was submitted to the states for ratification. Some
states opposed ratification becaus - answer-the Constitution did not include a bill of
rights
The Constitution went into effect in: - answer-1788
Article I of the Constitution: - answer-established the Senate and the House of
Representatives
The first three articles of the Constitution are commonly referred to as the: - answer-
separation of powers articles
Suppose the Supreme Court hands down a decision declaring that the death penalty is
unconstitutional. Congress and the American people are outraged by this decision and
want to restore the death penalty. Under the U.S. Constitution, what, if anything, can be
done to get rid of an unpopular Supreme Court decision interpreting the Constitution? -
answer-Supreme Court decisions interpreting the Constitution can be changed by a
constitutional amendment proposed by a two-thirds vote in both houses of Congress and
ratified by three-fourths of the state legislatures.
Habeas corpus review is a post-conviction constitutional remedy for state prisoners that
rectifies the following: - answer-unlawful confinement
Petitioners file this when requesting review by the Supreme Court: - answer-writ of
certiorari
Which of the powers delegated to Congress provides the constitutional foundation for
federal criminal statutes like the Mann Act, which makes it a crime to take a person
across state lines to engage in prostitution? - answer-power to regulate interstate
commerce
The Supreme Court, in McCullough v. Maryland, ruled that Congress had the power to
establish a national bank, even though the Constitution does not expressly delegate this
power. The Court based its ruling on this provision from Article I: - answer-the necessary
and proper clause
The Constitution expressly prohibits states from doing all of the following, EXCEPT: -
answer-appointing electors to cast votes for president and vice president in the Electoral
College
In 2010, Jones committed an armed robbery. In 2015, the Kentucky legislature enacted a
law increasing the punishment for armed robbery from 15 to 20 years in prison. Six
months later, Jones was captured, tried, convicted, and sentenced to 20 years in prison.
Sentencing Jones to 20 years violates the: - answer-Article I, Section 10 ex post facto
clause
, The constitutional division of power between the federal government and the states is
accomplished in which of the following ways? - answer-The Constitution lists the powers
reserved to the federal government, as well as those denied to the states, and provides
that all remaining powers are reserved to the states.
The Bill of Rights: - answer-includes the Constitution's first ten Amendments
Protection against unreasonable searches and seizures is guaranteed by the: - answer-
Fourth Amendment
The equal protection clause requires an exceedingly persuasive justification, under
intermediate-level scrutiny, to uphold statutory distinctions based on: - answer-gender
In Texas v. Johnson, the Court determined that a law prohibiting which of the following
acts was unconstitutional? - answer-burning a U.S. flag
The Brandenburg Test applies to which of the following: - answer-incitement of illegal
action
Which of the following would be considered a nonpublic forum? - answer-a post office
Which of the following statutes is it appropriate for police to use when making an arrest
in a speech context? - answer-statutes authorizing arrests for blocking the public
passage
The defendant walked up to two homeless people and shouted: "You filthy pieces of
garbage, you're ruining this city! You're disgusting. This whole city hates you. Get out
now!" The defendant can be arrested under a statute that criminalizes: - answer-fighting
words
Which of the following activities would be regarded as "speech"? - answer-all of them
-begging
-burning a cross at a Ku Klux Klan rally
-refusing to pledge allegiance to the flag
Child pornography does not have to satisfy the Miller test to be banned when it - answer-
visually depicts real children engaged in sexual activity
Anti-litter laws are constitutional, but enforcement efforts must be directed at people
who drop handbills and produce litter, not against the people who distribute them. -
answer-true
The First Amendment prohibits legislatures from providing increased punishments for
crimes motivated by hatred of the victim because of the victim's race, religion, or sexual
orientation. - answer-false
To constitute a true threat, the speaker must intend to commit an unlawful act of
violence against a particular person or group of persons, and the statement must to be
understood as a serious threat of imminent harm. - answer-false
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller TOPDOCTOR. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.49. You're not tied to anything after your purchase.
