AP Gov unit 3 review
In Roe v. Wade (1973), the United States Supreme Court used what provision of the United States Constitution to extend the right to privacy to women seeking abortions?
The due process clause of the Fourteenth Amendment
"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less... Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons! Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press. 2006 Which of the following could be used as evidence to support the author's claim?
At the time the Constitution was written, laws in the states required able-bodied individuals to serve in militias.
"The Second Amendment... like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed!' '*Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. .. You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference. "In 2008, the Supreme Court decided the District of Columbia v. Heller... The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self- defense. "People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. .... Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. ... The federalist Madison's compromise....... was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves. "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?" The Guardian, October 5, 2017 The author cites the case District of Columbia v. Heller (2008) in order to
illustrate that the Supreme Court's interpretation of the Second Amendment has recently changed
"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less... Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons! Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press. 2006 The author's main argument is that the Second Amendment
was added to the Constitution to ensure that militias would have arms
Which of the following scenarios, related to the First Amendment, best illustrates the "right . . .to petition the Government . ." ?
A citizen calls a member of Congress to persuade her to vote yes on a bill.
Which of the following scenarios is an example of a constitutional application of affirmative action?
A federal contractor actively recruits qualified minorities and women for positions in the company.
Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment?
A person wears a necklace bearing a Christian cross to work.
Which of the following would most likely be protected by the First Amendment?
A student wears a black armband at school to protest government involvement in a war.
Housing covenants are agreements in the deed of a property that restricts the owner from doing certain things with the property. Some covenants prevented owners from selling to individuals of a specific race or ethnic group. In the case Shelley v. Kramer (1948), the Supreme Court struck down racially restrictive housing covenants under the equal protection clause of the Fourteenth Amendment. Which of the following cases is most similar to Shelley v. Kramer (1948) ?
Brown v. Board of Education of Topeka (1954)
Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ?
Due process clause
Which of the following is an example of affirmative action?
Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program.
Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ?
It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states.
In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "We now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question,. . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty" Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty?
McDonald v. Chicago (2010)
The case Plessyv. Ferguson (1896) upheld the standard of "separate but equal" in American law. Which of the following explains how this case relates to Brown v. Board of Education of Topeka (1954) ?
Plessy established a precedent that was eventually overturned in the Brown case.
Affirmative Action
Policy of promoting members of groups that have previously suffered from discrimination. (women & african americans)
Which of the following is a doctrine based on the Fourteenth Amendment of the Constitution that was used in McDonald v. Chicago (2010) to limit the power of states and protect the right to keep and bear arms?
Selective Incorporation
Free Exercise Clause
The 1st Amendment clause that bans government from interfering with the practice of any religion
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following legislative acts best relates to the passage?
The Civil Rights Act of 1964
In McDonald v. Chicago (2010), the United States Supreme Court stated that. "slelf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition." The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?
The Second Amendment
A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?
The Sixth Amendment
In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home for the purpose of self-defense" and that the Second Amendment applied to the states through which of the following constitutional clauses?
The due process clause of the Fourteenth Amendment
Miranda rule
The requirement that police officers must inform suspects of their constitutional rights before questioning them (you have the right to remain silent , etc.)
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following explains the most significant long-term consequence of the ideas expressed in the passage?
The value of "all men are created equal" was reaffirmed both in law and in American political culture.
Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?
Wisconsin v. Yoder (1972)
Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens?
Wisconsin v. Yoder (1972)
The Civil Rights Act of 1964
prohibits discrimination on the basis of race, color, religion, sex or national origin.
Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether or not race can be considered in college admissions, Supreme Court Justice Lewis Powell wrote that" .. Race or ethnic background may be deemed a 'plus' in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." Which of the following legal concepts is Justice Powell considering in his statement?
Equal protection clause
In Brown v. Board of Education of Topeka (1954), the Supreme Court reached the following conclusion: "IIjn the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the [protections of the Fourteenth Amendment]." What generally does the Fourteenth Amendment provide for?
Equal protection of the laws and due process
"The Second Amendment... like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed!' '*Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. .. You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference. "In 2008, the Supreme Court decided the District of Columbia v. Heller... The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self- defense. "People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. .... Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. ... The federalist Madison's compromise....... was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves. "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?" The Guardian, October 5, 2017 Which of the following is used as evidence to support the author's argument?
Historical records show varying interpretations as to whether the Second Amendment was supposed to protect the right of individuals to own a gun, or just for the purpose of supporting militias.
In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?
It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.
Which of the following Supreme Court cases establishes that a woman has a due process right to make a decision whether or not to have an abortion?
Roe v. Wade (1973)
Establishment Clause
The clause in the 1st Amendment that prohibits the government from creating a religion
I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King The text in the passage likely inspired Congress to act based on which of the following clauses of the United States Constitution?
The equal protection clause of the Fourteenth Amendment
"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less... Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons! Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press. 2006 Which of the following Supreme Court cases is most relevant to the topic of the article?
McDonald v. Chicago (2010)
"The Second Amendment... like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed!' '*Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. .. You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference. "In 2008, the Supreme Court decided the District of Columbia v. Heller... The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self- defense. "People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. .... Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. ... The federalist Madison's compromise....... was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves. "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?" The Guardian, October 5, 2017 Which of the following best characterizes the debate regarding the Second Amendment according to the author of the passage?
The Second Amendment is viewed by some as an individual rights issue but by others as a states' rights issue.
