AP Gov Unit 3 Test Questions Bank
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." -Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Which of the following statements best summarizes the author's argument? PP
A bill of rights would protect civil liberties such as freedom of religion
Which of the following scenarios would be an example of a violation of one of the civil liberties protected by the Bill of Rights? JG
A federal court refuses to provide a lawyer for a defendant who cannot afford one
Based on previous rulings, which of the following scenarios would most likely be ruled that the government violated the freedom of speech clause of the First Amendment?
A man is charged with a crime for displaying an American flag with a taped peace symbol on it
The free exercise clause is best defined as which of the following? EN
A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion
The establishment clause is best defined as which of the following? ST
A provision of the First Amendment which prohibits the federal government from making an official American religion
Which of the following actions by a private news organization would most likely be protected from prior restraint by the government based on the precedent established by New York Times Co. v. United States (1971)? ST
A radio station reports on a protest calling for the end of military involvement in South Korea.
Which of the following scenarios represents a government violation of one of the civil liberties protected by the Bill of Rights? PP
A state compels Amish students to attend school past the eighth grade
Based on previous rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment? MR
A state law criminalizes intermarriage between white and black citizens
"Universities cannot establish quotas for members of certain racial or ethnic groups or put them on separate admissions tracks. The Law School's admissions program . . . satisfies these requirements. Moreover, the program is flexible enough to ensure that each applicant is evaluated as an individual and not in a way that makes race or ethnicity the defining feature of the application. The Law School engages in a highly individualized, holistic review of each applicant's file, giving serious consideration to all the ways an applicant might contribute to a diverse educational environment." -Justice Sandra Day O'Connor, writing for the Court in Grutter v. Bollinger (2003) Which of the following governmental policies would the author most likely support?
A state university admissions program that takes race into account as part of an individual's overall record( i think)
Which of the following scenarios would most likely be considered a violation of the Fifth Amendment? MR
A suspect is sentenced to a punishment by the Assistant District Attorney without a jury present
Which of the following scenarios would most likely be ruled that the government violated the the Fourth Amendment, assuming there are no special circumstances or exceptions? MR
A suspect's property is searched before a warrant is issued
Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration? PP
Antoni starts yelling for other protestors to light buildings on fire and the police arrest him
The exclusionary rule can best be described as which of the following EN
Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone
The exclusionary rule can best be described as which of the following? MR
Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone
Which of the following accurately describes the information presented in the pie charts? KK
Female athletes represented a larger proportion of total high school athletes in 2011-2012 than in 1971-1972
In 2006, the Supreme Court heard a case about a state banning a substance used during religious ceremonies. The state banned the substance because it contained a drug prohibited by the Controlled Substances Act. But the religious organization, O Centro Espirita Beneficiente Uniao de Vegetal (UDV) said the government was interfering with religious practices by banning the use of the substance. The Supreme Court agreed and ruled that the government did not prove a compelling interest in regulating the UDV's use of drugs for religious ceremonies. Which of the following constitutional clauses does this case have in common with Wisconsin v. Yoder (1972)?EN
Free Exercise Clause
In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following statements best explains the impact of this decision?
It applied the Sixth Amendment to the states through the incorporation doctrine
Which statement accurately summarizes the impact of the Gideon v. Wainwright (1963) decision? IM
It incorporated the right to legal counsel, as protected under the Sixth Amendment, to state and local governments
Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision? ST
It limited the federal government's power to censor free speech or the publication of classified information
Which of the following statements best explains how the ruling in Wisconsin v. Yoder (1972) changed the balance of power between governments and protection for individual liberties? ST
It limited the power of state governments by declaring a state law requiring Amish children to attend school until they were 16 as a violation of the First Amendment
Which of the following statements best explains how the Court's ruling in Engel v. Vitale (1962) changed the balance between governmental power and individual liberty? SM
It limited the power of state governments by striking down a school policy that required the reading of a prayer at the start of the school day
Which statement accurately summarizes the impact of the Engel v. Vitale (1962) decision? MR
It upheld the separation of church and state and clarified the limitations of state governments under the establishment clause
"The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 Based on the text above, which of the following statements would the author agree with? ST
Majority-minority districts are unconstitutional when those districts are created based on racial differences
"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." -Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015) Based on the text, which of the following statements would the author most likely agree with? MR
Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses
In 1993, the Supreme Court struck down the formation of North Carolina's 12th congressional district (shown in pink) in Shaw v. Reno (1993). Which of the following best explains why the court ruled against North Carolina? PP
North Carolina obviously gerrymandered their districts to benefit representatives of one political party over the other
A right to privacy is best defined as which of the following? RA
People are protected from the government infringing in their personal life
Based on the information in the graphic, which of the following strategies would a group seeking to preserve the ruling in Roe v. Wade likely pursue? MS
Petitioning the Supreme Court to preserve the ruling in Roe v. Wade, arguing that the majority of Americans do not think the Court should overturn the decision
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions. . . . We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." -Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Based on the text, which of the following statements would the author most likely agree with? MR
The Bill of Rights could potentially be used to limit individual liberties (I think)
"[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State." -Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973) Which of the following statements is most consistent with the author's argument in this passage? ST
The Bill of Rights implies that there is a right to privacy that the government cannot infringe upon
"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated." -Associate Justice Ruth Bader Ginsburg, dissenting opinion in Gratz v. Bollinger (2003) Which of the following statements is most consistent with the author's argument in this passage?
The Constitution only forbids racial classifications when they are designed to harm minorities, not help them
In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this? MR
The Fourteenth Amendment applies the Second Amendment to the states
In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?
The Fourth Amendment
Which of the following best describes the message of the image above? a$
The Supreme Court's recent interpretations of the Second Amendment reflect a commitment to individual liberty
After the terrorist attack on September 11th, the United States issued the USA PATRIOT Act, giving federal agencies the power to conduct surveillance and perform searches. Which of the following best describes the message in the political cartoon? MR
The USA PATRIOT Act has given the government too much power to perform searches, which should be unconstitutional under the Fourth Amendment
"An unjust law is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote. Who can say that the legislature of Alabama which set up the segregation laws was democratically elected? Throughout the state of Alabama all types of conniving methods are used to prevent Negroes from becoming registered voters, and there are some counties without a single Negro registered to vote, despite the fact that the Negroes constitute a majority of the population. Can any law set up in such a state be considered democratically structured?" -Dr. Martin Luther King, "Letter from a Birmingham Jail," 1963 Which of the following governmental policies would the author most likely support as a solution to the problems described in this passage? MR
The Voting Rights Act of 1965
"Race-based action necessary to further a compelling governmental interest does not violate the Equal Protection Clause so long as it is narrowly tailored to further that interest. Context matters when reviewing such action. Not every decision influenced by race is equally objectionable, and strict scrutiny is designed to provide a framework for carefully examining the importance and the sincerity of the government's reasons for using race in a particular context." -Justice Sandra Day O'Connor, writing for the Court in Grutter v. Bollinger (2003) Which of the following statements best summarizes the author's argument? MR
The constitution does not always forbid decisions based on race
Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment? EN
The federal government passes a law banning the sale of semi-automatic weapons to anyone under the age of twenty-one
In the public opinion poll described in the table above, two groups of approximately 1500 people were asked if they favored or opposed the following statements: Statement A: To overcome past discrimination, do you favor affirmative action programs to help blacks get better jobs/education? Result: 60% of respondents said they favored these programs. Statement B: To overcome past discrimination, do you favor affirmative action programs which give special preferences to qualified blacks in hiring/education? Result: 46% of respondents said they favored these programs. Which of the following most likely accounts for the different results . EN
The questions contained a difference in wording
"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage? MR
Tinker v. Des Moines (1969)
"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage? PP
Tinker v. Des Moines (1969)
Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as an establishment clause case? ST
A courthouse prominently displays the Ten Commandments
Which of the following scenarios is an example of how a state government CAN reasonably restrict speech protected under the First Amendment? RA
A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law
In Swann v. Charlotte-Mecklenberg County Schools (1971), the Supreme Court held that schools could assign students to schools outside of their district to achieve racial balances. Which of the following cases did the Court use as precedent in their decision? RA
Brown v. Board of Education
Which of the following Supreme Court Cases ruled that "separate but equal" public schools are a violation of the equal protection clause of the 14th Amendment? NP
Brown v. Board of Education
Which of the following is an accurate comparison of the two court cases? RA
Comparison A
Which of the following is an accurate comparison of the two court cases? ST
Comparison A
Which of the following is an accurate comparison of the two court cases? ST
Comparison B
Which of the following is an accurate comparison of the two cases? SM
Comparison C
Which of the following is an accurate comparison of the two court cases? NP
Comparison C
Which of the following is an accurate comparison of the two court cases? ST
Comparison D
In 1963, Martin Luther King, Jr. organized the March on Washington to protest racial discrimination and segregation in public places. Which of the following statements describes how Congress responded to this situation? KK
Congress passed the Civil Rights Act of 1964
Which of the following scenarios would likely be considered an unconstitutional use of state power under the due process clause of the Fourteenth Amendment?MS
Florida passes a law denying legal counsel to suspected terrorists
In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)?
Freedom of Speech Clause
The "public safety" exception to the Miranda rule can best be defined as which of the following? ST
It allows the police to perform unwarned interrogation to stand as direct evidence in court if the information will help protect the public
Based on the information in the pie charts, which of the following best summarizes the effect of Title IX? EN
It created more opportunities for female athletes to participate in sports
Which of the following statements best explains why the Civil Rights Act of 1964 was a significant political event? KK
It prohibited discrimination in public places, employment, and voting
Which of the following Supreme Court cases is most relevant to the topic of the cartoon? SM
McDonald v. Chicago
Which of the following scenarios is an example of how a state government CAN restrict protected speech under the First Amendment? IM
New York passes a law banning groups from staging protests in major highways during rush hour traffic
"The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 Which of the following statements best summarizes the author's argument? EN
North Carolina created a district predominantly based on racial lines, which is unconstitutional
Which of the following actions may Congress take to advance civil rights? KK
Pass a law requiring that all schools receiving federal funding comply with desegregation efforts
"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." -Justice Oliver Wendell Holmes Jr. Supporters of Justice Holmes's argument could point to which of the following cases? ST
Schenck v. United States (1919)
"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." -Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Justice Cardozo argues here that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment. Which clause is used to support Cardozo's argument? EN
The Due Process Clause
Which of the following amendment protects citizens from cruel and unusual punishments? IM
The Eighth Amendment
"An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. Which of the following constitutional provisions guarantees that "sameness [is] made legal" in King's argument? NP
The Equal Protection Clause of the Fourteenth Amendment
Which of the following amendments protects citizens from unreasonable searches and seizures? NP
The Fourth Amendment
In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. Which of the following amendments was the focus of the Court's ruling? JG
The Second Amendment
Which of the following amendments is most relevant to the topic of the cartoon? EN
The fourth amendment
Which of the following statements accurately summarizes the decision in New York Times Co. v. United States (1971)? SM
The government violated the First Amendment and could not stop the newspaper from publishing its article
Which of the following best illustrates the concept of civil rights? NP
The rights of individuals against discrimination based on their race, sex, or other demographic characteristics
Which of the following actions by a private news organization would most likely be protected from prior restraint by the government based on the precedent established by New York Times Co. v. United States (1971)? NP
A TV station broadcasts a report that analyzes classified information about government surveillance of other countries.
Which of the following scenarios would be considered a violation of the equal protection clause of the Fourteenth Amendment? SM
A university establishes race-based quotas in their admission policy
"An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. Supporters of King's view that just laws treat the majority and minority the same could point to which of the following Supreme Court cases? SM
Brown v. Board of Education of Topeka, Kansas
"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated." -Associate Justice Ruth Bader Ginsburg, dissenting opinion in Gratz v. Bollinger (2003)
Colleges and universities should be allowed to use race as a factor in admissions
Which of the following is an accurate comparison of civil liberties and civil rights? PP
Comparison A
Which of the following is an accurate comparison of the two cases? JG
Comparison A
Which of the following is an accurate comparison of the two court cases? PP
Comparison C
In 1976, a Nebraska state trial judge issued a gag order, restricting the press from publishing or broadcasting information about the case. The Nebraska Press Association appealed the ruling and the case went to the Supreme Court. The Court ruled that the press reporting events surrounding the trial would not affect the defendant's right to a fair trial. Which of the following constitutional protections or clauses does this case have in common with New York Times Co. v. United States (1971)? NP
Freedom of the Press
Which of the following Supreme Court cases is most relevant to the topic of the cartoon? PP
McDonald v. Chicago
"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated." -Associate Justice Ruth Bader Ginsburg, dissenting opinion in Gratz v. Bollinger (2003) Which of the following statements is most consistent with the author's argument in this passage? MR
The Constitution only forbids racial classifications when they are designed to harm minorities, not help them
In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. The Executive Director of the Planned Parenthood League of Connecticut disobeyed this law and was arrested. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights implies that people have a right to privacy. Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)? RA
The Due Process Clause
In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled? EN
The Supreme Court has usually made decisions that uphold the right of an individual to own a gun
In 1952, four African American students in Topeka, Kansas were denied access to certain public schools because of laws segregating public education by race. Which of the following statements describes how the Supreme Court responded to this situation? IM
The Supreme Court ruled that the "separate but equal" doctrine violated the equal protection clause of the Fourteenth Amendment
In the public opinion poll described in the table above, two groups of approximately 1500 people were asked if they favored or opposed the following statements: Statement A: To overcome past discrimination, do you favor affirmative action programs to help blacks get better jobs/education? Result: 60% of respondents said they favored these programs. Statement B: To overcome past discrimination, do you favor affirmative action programs which give special preferences to qualified blacks in hiring/education? Result: 46% of respondents said they favored these programs. Which of the following most likely accounts for the different results? JG
The questions contained a difference in wording
Which of the following policies is an example of specific legislation that extended civil rights to women? EN
Title IX of the Education Amendments Act of 1972
"Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?" -Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963. The "devious methods" mentioned in this passage refer to which of the following? EN
structural behaviors
Which of the following civil liberties is protected under the Second Amendment? a$
the right to own guns
Which of the following scenarios would most likely be considered a violation of the Fifth Amendment? SM
A person is tried twice for the same crime
Affirmative action is best defined as which of the following? NP
A policy benefiting those who tend to suffer from discrimination or are members of a historically disadvantaged group
"The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all. . . . Undoubtedly there are other ways to 'better' the education of law students aside from ensuring that the student body contains a 'critical mass' of underrepresented minority students." -Associate Justice Clarence Thomas, dissenting opinion in Grutter v. Bollinger (2003) Based on the text, which of the following statements would the author most likely agree with? RA
Colleges and universities should be forbidden from taking race into consideration
Which of the following is an accurate comparison of the constitutional principles cited in Engel v. Vitale (1962) and Wisconsin v. Yoder (1972)? SM
Comparison C
In the 1960s and 1970s, women began protesting gender discrimination in colleges and universities, such as unequal scholarship allocation to men's sports and women's sports. Which of the following statements describes how Congress responded to this situation? a$
Congress passed Title IX of the Education Amendments Act of 1972
"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." -Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015) Based on the text, which of the following statements would the author most likely agree with? SM
Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses
Which of the following amendment protects citizens from cruel and unusual punishments? JG
The Eighth Amendment
"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." -Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage? SM
The Second Amendment does not protect a person's right to have a weapon for self-defense
Which of the following is an example of a social movement motivated by the equal protection clause of the Fourteenth Amendment?
The Women's Rights Movement
In 1954, the Supreme Court ruled that race-based segregation in a public school system was unconstitutional. Which of the following constitutional provisions did the Supreme Court use to support their decision? JG
The equal protection clause of the Fourteenth Amendment
Based on previous rulings, which of the following scenarios would the Supreme Court most likely rule violate the equal protection clause of the Fourteenth Amendment? PP
The state of Illinois creates an all-black congressional district
"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Which of the following statements is most consistent with the author's argument in this passage? JG
There are limits on who can be given a death penalty sentence
"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage? NP
Tinker v. Des Moines (1969)
Which of the following scenarios would most likely be ruled that the government violated the the Eighth Amendment? JG
A minor is sentenced to the death penalty
Based on previous rulings, the Supreme Court is likely to view which of the following as a free exercise clause case? SM
A public school prevents Muslim students from wearing headscarves
Which of the following is an accurate comparison of civil liberties and civil rights? NP
Comparison C
Which of the following accurately describes the information presented in the pie charts? a$
Female athletes represented a larger proportion of total high school athletes in 2011-2012 than in 1971-1972
Which of the following best defines civil rights? a$
Rights that guarantee individuals freedom from discrimination at both the state and federal levels of government
In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a "whites only" train. He refused to move to the car reserved for black people and was arrested. In Plessy v. Ferguson (1896), the Supreme Court ruled in a 7-1 vote to uphold the Louisiana law. Which of the following constitutional clauses does this case have in common with Brown v. Board of Education (1954)? KK
The Equal Protection Clause
"[I]t has already been incontrovertibly shown that on the present occasion a bill of rights was totally unnecessary, and that it might be accompanied with some inconveniency and danger if there was any defect in the attempt to enumerate the privileges of the people. This system proposes a union of thirteen sovereign and independent states in order to give dignity and energy to the transaction of their common concerns. It would be idle, therefore to countenance the idea that any other powers were delegated to the general government than those specified in the Constitution itself." Justice Thomas McKean at the Pennsylvania State Convention to ratify the Constitution, edited by John Back McMaster and Frederick D. Stone, 1788 Which of the following best summarizes the author's argument? SM
A Bill of Rights would potentially give the federal government more power than is explicitly stated in the Constitution
"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison, 20 December 1787 https://founders.archives.gov/documents/Madison/01-10-02-0210 Which of the following statements best summarizes Jefferson's argument? RA
A bill of rights is necessary to protect civil liberties from infringement from the federal government
"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison, 20 December 1787 https://founders.archives.gov/documents/Madison/01-10-02-0210 Which of the following statements best summarizes Jefferson's argument? SM
A bill of rights is necessary to protect civil liberties from infringement from the federal government
"Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?" -Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963. Which of the following statements best explains Martin Luther King's argument regarding democratic participation in the above excerpt? NP
A law affecting African Americans is unjust if they had no part in creating it as a result of being denied the right to vote
Based on previous rulings, which of the following scenarios would most likely be ruled that the government violated the freedom of speech clause of the First Amendment? IM
A public school district bans students from wearing t-shirts supporting presidential candidates before an election
Which of the following scenarios would most likely be ruled that the government violated the the Second Amendment? KK
A state bans the sale and purchase of handguns
Which of the following scenarios would most likely be ruled that the government violated the the Second Amendment? a$
A state bans the sale and purchase of handguns
"An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. Supporters of King's view that just laws treat the majority and minority the same could point to which of the following Supreme Court cases? Question options: RA
Brown v. Board of Education of Topeka, Kansas
"As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers." -Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) Based on the text, which of the following statements would the author most likely agree with? a$
Colleges and universities should be allowed to use race as a factor in admissions
In the 1960s and 1970s, women began protesting gender discrimination in colleges and universities, such as unequal scholarship allocation to men's sports and women's sports. Which of the following statements describes how Congress responded to this situation? KK
Congress passed Title IX of the Education Amendments Act of 1972
"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State." -Thomas Jefferson, letter to the Danbury Baptist Association, 1802 Supporters of Jefferson's view that the legislature should "make no law respecting an establishment of religion" could point to which of the following cases? KK
Engel v. Vitale
In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)? SM
Establishment Clause
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions. . . . We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." -Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Based on the text, which of the following statements would the author most likely agree with? JG
Individual liberties must be secured against governmental intrusions by specific language in foundational documents
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions. . . . We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." -Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Based on the text, which of the following statements would the author most likely agree with? IM
Individual liberties must be secured against governmental intrusions by specific language in foundational documents
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following statements best explains the impact of this decision? IM
It applied the Fourth Amendment to the states through the incorporation doctrine
Which statement accurately summarizes the impact of the Roe v. Wade (1973) decision? NP
It incorporated a woman's right to privacy when having an abortion to state and local governments
Which statement accurately summarizes the impact of the McDonald v. Chicago (2010) decision? a$
It incorporated an individual's right to bear arms for self-defense and made it apply to state and local governments
Which of the following statements best explains why the Civil Rights Act of 1964 was a significant political event? a$
It prohibited discrimination in public places, employment, and voting
Which of the following statements best explains why the Voting Rights Act of 1965 was a significant political event? JG
It removed structural barriers to minority voting
In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a "whites only" train. He refused to move to the car reserved for black people and was arrested. The case went to the Supreme Court and the Supreme Court ruled to uphold the Louisiana law.Which statement accurately summarizes the impact of the Plessy v. Ferguson (1896) decision? IM
It restricted African-American access to the same public facilities as the majority white population
Which statement accurately summarizes the impact of the Engel v. Vitale (1962) decision? IM
It upheld the separation of church and state and clarified the limitations of state governments under the establishment clause
Which of the following describes a reason why the Framers decided to include a Bill of Rights? IM
It was specifically designed to protect individual liberties and rights from a strong central government
"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." -Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015) Based on the text, which of the following statements would the author most likely agree with? NP
Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases as precedent? KK
McDonald v. Chicago
"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." -Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument? SM
McDonald v. Chicago
The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." -Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument? IM
McDonald v. Chicago
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Supporters of Black's view that "only a free and unrestrained press can effectively expose deception in government" could point to which of the following cases? RA
New York Times Co. v. United States (1971)
Which of the following actions may Congress take to advance civil rights? SM
Pass a law requiring that all schools receiving federal funding comply with desegregation efforts
Which of the following best defines civil rights? RA
Rights that guarantee individuals freedom from discrimination at both the state and federal levels of government
In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. Police officers arrested the Executive Director of the Planned Parenthood League of Connecticut after she disobeyed this law. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights imply that people have a right to privacy. Which of the following cases is also an example of a right-to-privacy case? JG
Roe v. Wade
"The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 Supporters of Kagan's view that a state cannot use race as a predominant factor in creating districts could cite which of the following cases as precedent? NP
Shaw v. Reno
"Race-based action necessary to further a compelling governmental interest does not violate the Equal Protection Clause so long as it is narrowly tailored to further that interest. Context matters when reviewing such action. Not every decision influenced by race is equally objectionable, and strict scrutiny is designed to provide a framework for carefully examining the importance and the sincerity of the government's reasons for using race in a particular context." -Justice Sandra Day O'Connor, writing for the Court in Grutter v. Bollinger (2003) Which of the following statements best summarizes the author's argument? a$
The Constitution does not always forbid decisions based on race
"The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all. . . . Undoubtedly there are other ways to 'better' the education of law students aside from ensuring that the student body contains a 'critical mass' of underrepresented minority students." -Associate Justice Clarence Thomas, dissenting opinion in Grutter v. Bollinger (2003) Which of the following statements is most consistent with the author's argument in this passage? SM
The Constitution is colorblind and any racial classifications, even when used to help minorities, are harmful to society
In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)? a$
The Due Process Clause
"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Based on the text, which of the following amendments was the focus of the Court's ruling in Ford v. Wainwright (1986)? SM
The Eighth Amendment
Which of the following scenarios is an example of how the federal government CAN restrict protected speech under the First Amendment? NP
The Federal Communications Commission (FCC) makes a rule requiring television networks to use an automated beep when a vulgar word is said on broadcast television
Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden? JG
The Fourth Amendment in the Bill of Rights
"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." -Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage? KK
The Second Amendment does not protect a person's right to have a weapon for self-defense
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage? RA
The Second Amendment protects a person's right to own a gun from government infringement
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage? a$
The Second Amendment protects a person's right to own a gun from government infringement
"An unjust law is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote. Who can say that the legislature of Alabama which set up the segregation laws was democratically elected? Throughout the state of Alabama all types of conniving methods are used to prevent Negroes from becoming registered voters, and there are some counties without a single Negro registered to vote, despite the fact that the Negroes constitute a majority of the population. Can any law set up in such a state be considered democratically structured?" -Dr. Martin Luther King, "Letter from a Birmingham Jail," 1963 Which of the following governmental policies would the author most likely support as a solution to the problems described in this passage? KK
The Voting Rights Act of 1965
"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with? IM
The need for public safety should not exceed an individual's protection from unreasonable search and seizure
"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." -Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Based on the text, which of the following statements would the author most likely agree with? SM
The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is "implicit in the concept of ordered liberty"
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Based on the text, which of the following statements would the author most likely agree with? NP
There should be a "heavy presumption against prior restraint" of freedom of speech
A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights. This scenario is an example of which of the following? PP
the "public safety" exception
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant. This case is an example of which of the following? SM
the exclusionary rule