HIS 301 Week 3 Quiz -

1. Is the federal government obligated to avoid denying persons the equal protection of the law?  Why or why not?   

• No, because the federal government does not have a history of discrimination    
• Yes, because the Fifth Amendment Due Process Clause contains this obligation           
• Yes, because it’s the right thing to do       
• No, because the equal protection clause only applies to the states

2. Who was primarily responsible for drafting the Bill of Rights?

• Benjamin Franklin  
• Thomas Jefferson   
• James Madison(pg 312)    
• Thomas Paine

3. Under most domestic search warrants what legal standard must be established before a warrant will be issued?       

• Probable cause       
• Reasonable cause 
• Certiorari       
• Reasonable suspicion

4. The right to a fair trial in federal cases stems from what constitutional source?    

• The Fourth Amendment Speedy Trial Clause   
• The Sixth Amendment Fair Trial Clause
• The Fifth Amendment Just Hearing Clause      
• The Fifth Amendment Due Process Clause (493)

5. According to the readings, which of the following provisions has not been formally applied to the states?    

• Fifth Amendment right against self incrimination         
• First Amendment right to peaceably assemble  
• Eighth Amendment right against cruel and unusual punishment    
• Fifth Amendment right to a grand jury indictment in felony cases

6. Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?         

• The right against double jeopardy           
• The right to a grand jury indictment         
• The right to counsel           
• The right to a trial by jury in felony cases

7. How many amendments were originally proposed and submitted to Congress as the initial draft of the Bill of Rights?         

• 12       
• 15       
• 8         
• 10

8. The United States Supreme Court decision that requires prosecutors to turn over any evidence that tends to show the innocence of the defendant is:      

• Gideon v. Wainwright        
• Santobello v. New York     
• Brady v. Maryland
• Batson v. Kentucky

9. Currently, how many amendments have been added to the Constitution? 

• 26       
• 19       
• 10       
• 27

10. Prior to 1954, if a state wanted to enact a program that separated individuals based on their race, but still provide both sets of persons equal services, what would the government have to demonstrate for this program to be deemed constitutional?         

• it was rationally related to a legitimate governmental interest
• it was necessary to promote a compelling governmental interest      
• there was only minimal state action involved    
• it was substantially related to an important governmental interest