Civil Liberties and Civil Rights

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. - The author's main argument is that opinions have differed over whether the Second Amendment protects individual rights or supports militias.

In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights?

It balanced the state's interest in compulsory education with the students' free exercise rights. - The Supreme Court ruled in Yoder that the Wisconsin statute that required students to attend school beyond the eighth grade (to age sixteen) violated the free exercise of the religious rights of the Amish without a sufficient state interest to do so.

The case Plessy v. 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. - The precedent of "separate but equal" was established in the Plessy case but was overturned in Brown.

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 - Selective incorporation is the doctrine based on the Fourteenth Amendment in which the Court applies the provisions of the Bill of Rights to the states in a piecemeal fashion via the due process clause.

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Which of the following statements is best supported by the information on the map?

Some states prioritize freedom of the press over criminal prosecutions. - Each state has the power to determine for itself the extent of protections for freedom of the press, which is shown in the map. States with greater protections likely support stronger protections for freedom of the press.

Which of the following legislative acts best relates to the passage?

The Civil Rights Act of 1964 - The Civil Rights Act of 1964 provided equal access to public accommodations and prohibited discrimination on the basis of race in the workplace. These are issues discussed in the passage.

The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario?

The Fourth Amendment - The Fourth Amendment protections against unwarranted search and seizure applies to this scenario because the Court has ruled that police acquisition of smartphone information without establishing probable cause for a warrant is a violation of the defendant's Constitutional rights.

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. - The author claims that the Second Amendment is viewed as both an individual rights issue and a states' rights issue.

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 - The Sixth Amendment grants those accused of a crime the right to a fair trial, including the assistance of defense counsel. The Court's ruling in Gideon v. Wainwright (1963) extended this protection beyond federal courts to the state courts.

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Based on the map and your knowledge, which of the following is a major difference between the issue of shield laws and the issue of prior restraint?

The Supreme Court has ruled that the First Amendment protects against prior restraint by the government. However, protections for journalists and their sources are not as strong, as evidenced by the many states with weak or no shield laws. - In New York Times Co. v. United States (1971), the Supreme Court ruled that the First Amendment contains strong protections against prior restraint. However, protection for sources has clearly not been given that same level of protection, as illustrated by the many states on the map that do not have shield laws or have weak shield laws.

While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

The due process clause of the Fourteenth Amendment - The due process clause of the Fourteenth Amendment is the provision that allowed the Supreme Court to incorporate provisions of the Bill of Rights to the states, including the right to privacy.

In Brown v. Board of Education of Topeka (1954), the Supreme Court struck down racial segregation in public schools, finding that "separate educational facilities are inherently unequal." What constitutional clause did the Court rely most heavily on to reach this decision?

The equal protection clause - The equal protection clause of the Fourteenth Amendment ensures that all citizens' are protected from discriminatory practices, including public schools segregating students by race.

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 equal protection clause of the Fourteenth Amendment guarantees equal treatment under the law. The speech highlights inequalities stemming from unequal treatment.

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. - Before the Civil Rights movement, the concept that "all men are created equal" was openly disputed by some proponents of segregation and legislation that discriminated against African Americans and others clearly existed. Following the movement, a broader application of the concept that all people are created equal improved in both legislation and political culture.

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 Supreme Court decision in Heller is used as an example that the Supreme Court's interpretation of the Second Amendment has recently changed.

Which of the following is accurate regarding the Supreme Court's interpretation of a right to privacy?

The court's interpretation of a right to privacy has been the subject of controversy. - While a right to privacy is not explicitly named in the Constitution, the court has interpreted the due process clause to protect the right of privacy from state infringement. This interpretation of the due process clause has been the subject of controversy.

What has the Supreme Court said about the right to privacy?

A right to privacy is not clearly present in the Constitution, but the court has determined that it does exist. - While a right to privacy is not clearly present in the Constitution, the court has determined that it does exist. However, the court has acknowledged a right to privacy by interpreting that the due process clause to protect the right of privacy from state infringement.

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. Kraemer (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. Kraemer (1948) ?

Brown v. Board of Education of Topeka (1954) - The Shelley case, a ruling about racial discrimination in housing, is most similar to Brown, a Supreme Court case about segregation in public schools.

Students at a public university hold a peaceful protest to demonstrate against an increase in the cost of college tuition. Which of the following constitutional protections best applies to this scenario?

The First Amendment - In the scenario, the students are assembling as a group to protest against a government action. The First Amendment guarantees the right to peaceably assemble or the right to petition the government for redress of grievances.

In McDonald v. Chicago (2010), the Court ruled that the Second Amendment right to bear arms was applicable to the states. Which of the following sections of the United States Constitution did the Supreme Court use to support its ruling?

The doctrine of selective incorporation through the Fourteenth Amendment, holding that state action limiting gun rights deprived persons of "life, liberty, or property, without due process of law" - The Supreme Court applied the provisions of the Bill of Rights to the states in a piecemeal fashion using the doctrine of selective incorporation via the Fourteenth Amendment's due process clause.

Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ?

"[T]he right of the people to keep and bear Arms, shall not be infringed." - The Second Amendment protects an individual's right to bear arms and protect one's home.

Which of the following is an example of affirmative action?

A business actively recruits qualified minorities, women, and persons with disabilities in order to be eligible for work with the national government. - This is an example of an affirmative action practice because the business is advancing qualified minorities, women, and persons with disabilities.

Which of the following scenarios is an example of an affirmative action policy?

A federal contractor actively recruits underrepresented groups for positions in the company. - Federal law requires that companies that work with the national government must take affirmative action to recruit and advance qualified underrepresented groups.

In the case Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that Congress had the power under the commerce clause to pass the Civil Rights Act of 1964. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?

Both cases upheld the power of the federal government to ensure equal protection under the law. - Both cases dealt with racial discrimination and the violation of the equal protection clause.

Which of the following cases arose from a state law that mandates public schools to begin the school day with the reading of a nondenominational prayer by a school official?

Engel v. Vitale (1962) - Engel was a First Amendment case involving the invocation of a public school teacher-led prayer that the Supreme Court ruled as a violation of the Establishment Clause.

Which of the following cases addresses the issue of mandatory public school prayer?

Engel v. Vitale (1962) - Engel was a First Amendment case involving the invocation of a public school teacher-led prayer, which the Supreme Court invalidated with its interpretation of the establishment clause.

Which of the following constitutional concepts is most closely associated with affirmative action policies?

Equal protection clause - The constitutional concept most closely associated with affirmative action policies is the equal protection clause.

In Brown v. Board of Education of Topeka (1954), the Supreme Court reached the following conclusion: "[I]n 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 Fourteenth Amendment limits discriminatory state policies by means of the equal protection and due process clauses.

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Which of the following states has the greatest protection for freedom of the press based on the information on the map?

New York - The map shows that New York (NY) has a shield law that protects journalists' sources without exception.

The United States Supreme Court reviewed state-mandated racial segregation in public schools. The Court stated that the separate schools "involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other 'tangible' factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors [among the] schools involved in each of the cases. We must look instead to the effect of segregation itself on public education." Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools?

The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954) - Brown ruled that states violated the Fourteenth Amendment's equal protection clause when they sought to segregate public school students by race