Which test, narrowed by the 'peyote case' in 1990, did the Supreme Court use in the 1960s and 1970s to determine if a law could limit a religious practice?

Correct answer: The Sherbert test

Explanation

This question tests the student's knowledge of the specific legal standards applied to cases under the Free Exercise Clause and their historical evolution.

Other questions

Question 1

According to the text, what is the primary distinction between civil liberties and civil rights?

Question 2

What is a bill of attainder, which is prohibited by Article I, Section 9 of the Constitution?

Question 3

Which Supreme Court case established that the Bill of Rights applied only to the federal government and not to the states?

Question 4

The gradual process of making some guarantees of the Bill of Rights apply to state governments and the national government is known as:

Question 5

The 'Lemon test', established in Lemon v. Kurtzman (1971), is used by the courts to determine if a law violates which clause of the First Amendment?

Question 7

In response to the Supreme Court's decision in Employment Division v. Smith, Congress passed which law in 1993 to restore a stricter standard for regulating religious practices?

Question 8

In the 1969 case Brandenburg v. Ohio, the Supreme Court found that only speech constituting a direct call or plan to what could be suppressed?

Question 9

The Supreme Court case New York Times v. Sullivan (1964) made it harder for which group to win a libel lawsuit?

Question 10

Which Supreme Court case established the 'Miller test' for determining if something is obscene?

Question 11

In the 2008 case District of Columbia v. Heller, the Supreme Court found for the first time that the Second Amendment protects what?

Question 12

What is the primary purpose of the Fourth Amendment?

Question 13

The requirement for law enforcement to inform suspects of their rights before custodial interrogation stems from which landmark 1966 Supreme Court case?

Question 14

The 'takings clause' of the Fifth Amendment, which relates to the power of eminent domain, states that private property cannot be taken for public use without what?

Question 15

In what year did the Supreme Court, in Griswold v. Connecticut, first explicitly spell out a constitutional right to privacy?

Question 16

The 'undue burden test,' which replaced the trimester framework for abortion regulations, was established in which 1992 Supreme Court case?

Question 17

What right, not explicitly mentioned in the Constitution, have courts said may be at least partially based on the Ninth Amendment?

Question 18

The Tenth Amendment focuses on reserving powers to which entities?

Question 19

The USA PATRIOT Act, passed after the 9/11 attacks, primarily raised civil liberties concerns related to which of the following?

Question 20

Which right, essential to the legal process, was extended to the states for serious crimes in the landmark 1963 case Gideon v. Wainwright?

Question 21

The Supreme Court has ruled that the Eighth Amendment's prohibition on cruel and unusual punishment prevents the execution of which group?

Question 22

What is the term for an agreement between a defendant and a prosecutor where the defendant pleads guilty in exchange for more lenient punishment?

Question 23

The Anti-Federalists opposed the original Constitution primarily because they believed it lacked what?

Question 24

The 'fruit of the poisonous tree' is an extension of which legal rule?

Question 25

The text states that in a notorious 2005 case, Kelo v. City of New London, the Supreme Court sided with municipal officials who used eminent domain to take private homes for what purpose?

Question 26

What does the Seventh Amendment to the Constitution guarantee?

Question 27

What is the name for laws, often religiously inspired, that limit working hours or shutter businesses on Sunday?

Question 28

In Near v. Minnesota (1931), the Supreme Court ruled that the government generally could not engage in what practice related to freedom of the press?

Question 29

Which First Amendment right is not explicitly mentioned in the text of the amendment but is generally considered to be encompassed by the rights of speech, press, assembly, and petition?

Question 30

The double jeopardy rule in the Fifth Amendment protects individuals from which of the following?

Question 31

What is the purpose of the Ninth Amendment?

Question 32

Which of the following is NOT one of the three criteria of the Lemon test for laws concerning religion?

Question 33

In the 2003 case Lawrence v. Texas, the Supreme Court invalidated state laws that criminalized what?

Question 34

What is 'ceremonial deism,' which the courts have generally tolerated?

Question 35

Which amendment protects individuals from being forced to quarter soldiers in their homes?

Question 36

What right, guaranteed by the Sixth Amendment, did the Supreme Court’s decision in Barker v. Wingo (1972) address?

Question 37

How many amendments were originally proposed by James Madison in the First Congress before being narrowed down to the ten that became the Bill of Rights?

Question 38

What is an ex post facto law?

Question 39

What must law enforcement demonstrate to a judge to obtain a search warrant?

Question 40

Which case involved a law that forbade even married individuals to use any form of contraception?

Question 41

The Supreme Court's decision in Texas v. Johnson (1989) found flag burning to be a form of what?

Question 42

Which historical event prompted the passage of the Fourteenth and Fifteenth Amendments to guarantee rights for freed slaves?

Question 43

Under the Fifth Amendment, a person can be tried in federal court for a felony only after what has occurred?

Question 44

What is the common-law right inherited from English law that allows a person to demand a neutral judge decide if their detention is lawful?

Question 45

In what year were the first ten amendments, known as the Bill of Rights, ratified?

Question 46

In Tinker v. Des Moines (1969), the Supreme Court upheld students' rights to engage in symbolic speech as long as it did not create what?

Question 47

Which of these is NOT one of the three categories the text uses to broadly divide the provisions of the Bill of Rights?

Question 48

According to the text, the due process clause in the Fifth and Fourteenth Amendments guarantees that people will be what?

Question 49

The Supreme Court's ruling in Schenck v. United States (1919) established what famous standard for judging the limits of free speech?

Question 50

Which 2010 Supreme Court case incorporated the Second Amendment's right to bear arms to the states?