HIS 301 Week 3 Quiz

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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 its the right thing to do
No, because the equal protection clause only applies to
the states
1

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
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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 (527)
Batson v. Kentucky
9. Currently, how many amendments have been added to
the Constitution?
26
4

19
10
27 (27 as 314 states that 17 additional amendment are
added)
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

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