Fed Gov Ch. 11-12-14-15
What is the approximate percentage of cases, either criminal or civil, in federal district courts that are tried rather than disposed of through plea bargaining? -10 -25 -50 -75 -90
10
How many cabinet departments are there at present? -12 -15 -10 -18 -13
15
The Constitution states that the required minimum age for the presidency is which of the following? -30 -35 -40 -45 -50
35
A lawsuit filed by one person on behalf of that person and all similarly situated individuals is known as which of the following kinds of suit? -Amicus curiae -Appellate -Plurality action -Class action -Standing
Class action
In most states, who draws congressional district lines? -A small group of party leaders in the state legislature -A nonpartisan state panel of commissioners -A nonpartisan panel elected in special elections -A group of retired judges selected by party leaders -The governor
A small group of party leaders in the state legislature
An individual who argues that "the courts should adhere to the letter of the law and judges must refrain from injecting their own values into their decisions" is which of the following? -A supporter of the majoritarian model of democracy -A supporter of the pluralist model of democracy -A supporter of the elite theory -A structuralist -A libertarian
A supporter of the majoritarian model of democracy
Which of the following mechanisms provided by the Constitution can be used to overturn a Supreme Court decision? -Congressional nullification -Presidential veto -A constitutional amendment -A national referendum -Judicial impeachment
A constitutional amendment
A senator who wants to prevent a bill from coming up for a vote might decide to deliberate on the subject matter of the bill for hours since the Senate gives its members the right to unlimited debate in a process called which of the following? -A mandate -A filibuster -A pocket veto -A hold -An initiative
A filibuster
To signal an intent to filibuster, a senator may issue which of the following? -A cloture request -A gerrymander -A hold -A senatorial veto -A franking privilege
A hold
The most common background experience among recent Supreme Court nominees is judicial experience, and this can be explained by which of the following facts? -A judge's previous opinions serve as good predictors of his or her future opinions on the Supreme Court. -All senators confirming or rejecting nominees are lawyers. -A Supreme Court justice must have passed the bar exam. -All senators confirming or rejecting nominees are lawyers and a Supreme Court justice must have passed the bar exam. -Legal education is a formal requirement for all judicial positions in the United States.
A judge's previous opinions serve as good predictors of his or her future opinions on the Supreme Court.
Because presidents are most likely to appoint judges who share similar values, the dominant characteristic of judicial appointments is which of the following? -A nominee's race -A nominee's gender -A nominee's political ideology -A nominee's sexual orientation -A nominee's religion
A nominee's political ideology
The rule of cloture refers to which of the following? -A method used to defeat legislation in Congress -A resolution that adjourns Congress -A process that attempts to limit debate in the Senate -Closed meetings held by both parties to elect their leadership or resolve other important issues -An action by the House Rules Committee that must be approved by the Speaker of the House
A process that attempts to limit debate in the Senate
How can Congress pass a bill over a presidential veto? -A two-thirds vote in the House and a majority in the Senate -Majority approval in the Supreme Court -A two-thirds vote in both the House and the Senate -Three-fourths vote in each house -Majority vote in the House and 60 votes in the Senate
A two-thirds vote in both the House and the Senate
How did Thomas Jefferson characterize the purpose of the establishment clause? -Public accommodation of religion -A wall of separation -A bridge of acceptance -A sea of toleration -Protection against religious tyranny
A wall of separation
As commander-in-chief, the president has which of the following roles? -Has the power to declare war -Acts as the ultimate decision maker in military matters -Makes military decisions, but only with the approval of the joint chiefs of staff -Has limited authority and needs the secretary of defense's approval -Is obligated to meet with the joint chiefs of staff
Acts as the ultimate decision maker in military matters
Which of the following terms refers to either knowledge of a defamatory statement's falsity or a reckless disregard for the truth? -Libel -Actual malice -Slander -Symbolic speech -Prior restraint
Actual malice
The case of New York Times v. United States was responsible for which of the following? -Affirming the no-prior-restraint doctrine in the Pentagon Papers case -Upholding the government's right to control what information the public could have about Vietnam -Punishing the New York Times for publishing secret documents -Affirming the free speech of students in public schools -Affirming the no-prior-restraint doctrine in the Pentagon Papers case while punishing the New York Times for publishing secret documents
Affirming the no-prior-restraint doctrine in the Pentagon Papers case
When members of Congress serve on a committee, they tend to reflect the views of their party's membership. In this situation, what role are these members of Congress playing? -Delegate -Trustee -Tribune -Agent -Incumbent
Agent
Executive agreements are which of the following? -Not valid in foreign policy matters unless approved by the Senate -Agreements made between the president and the head of a foreign government that do not have to be approved by the Senate -An unconstitutional expansion of the power of the president -Binding upon future presidents -Used to achieve trivial matters, since the most significant issues must be addressed by the Senate
Agreements made between the president and the head of a foreign government that do not have to be approved by the Senate
Before an issue is placed on the congressional agenda, congressional leadership needs to ensure which of the following occurs? -Members learn about the issue. -Members will support the leadership's view on the issue. -There is support, or at least not a great deal of impediments put in the way by interest groups. -There is presidential support, or enough congressional support to override a presidential veto. -All of these are correct.
All of these are correct.
When a president receives a bill, which of the following is true? -The president can do nothing, and in ten days, if Congress is still in session the bill becomes law without his or her signature. -The president can do nothing, and if Congress goes out of session, the bill does not become law. -The president can sign it, and it becomes law. -The president can veto it. -All of these are correct.
All of these are correct.
Which of the following is an influence on how legislators decide to vote? -Their political party -Their constituents -The president -Interest groups -All of these are correct.
All of these are correct.
Which of the following occurs when the U.S. Supreme Court decides an issue? -All other courts consider the Supreme Court's opinion in their own decision making. -All other courts are obligated to follow the Supreme Court's ruling. -Each court can decide for itself whether the Supreme Court decision applies to cases in its jurisdiction. -Congress is obligated to pass laws that support that decision. -It is written into the Constitution as an amendment if it raised a constitutional question.
All other courts are obligated to follow the Supreme Court's ruling.
In many cases, a third party to a court case will file which of the following to support a particular outcome? -An amicus curiae brief -A precedent -A writ of standing -A litigation brief -A writ of certiorari
An amicus curiae brief
A filibuster is which of the following? -An attempt to persuade others to vote for a bill in return for a favor at a later date -A technique used to get blocks of House members to support a bill -A practice used in the House to force a standing committee to release a bill -An attempt to prevent the passage of a bill through the use of unlimited debate -A method used by the Speaker of the House to promote a majority party's legislation
An attempt to prevent the passage of a bill through the use of unlimited debate
A president ordering the National Guard into service to enforce a court order is an example of which of the following? -An executive order -A political mandate -Gerrymandering -Filibustering -Signing statement
An executive order
Justice Sandra Day O'Connor contributed to the legal debate over abortion by maintaining that state abortion restrictions are permissible provided they do not create what? -Parental consent requirements -Unnecessary information -A 24-hour waiting period before an abortion can be performed -Compelling scrutiny -An undue burden
An undue burden
Which of the following is the last step of the Supreme Court decision-making process? -Announcing its decision to the public and the rationale for the decision -Assigning a justice to write the decision -Deciding if the Court will hear the case -Hearing oral arguments in the case -Asking the lower court to send the records of the case for review
Announcing its decision to the public and the rationale for the decision
When presidents invoke the idea of "going public," they pressure Congress to go along with their programs by doing which of the following? -Implementing a pocket veto -Using their inherent powers -Appealing to constituents -Appointing a legislative committee -Denying the power of incumbency
Appealing to constituents
What are the first ten amendments to the Constitution collectively known as? -Articles of Confederation -Bill of Rights -Code of Rights -Declaration of Independence -Rules of law
Bill of Rights
What is a law that declares a person guilty without the benefit of trial called? -Bill of attainder -Ex post facto law -Selective incorporation -Prior restraint -Habeas Corpus
Bill of attainder
The Supreme Court case Lawrence v. Texas overturned which of the following decisions? -Roe v. Wade -Bowers v. Hardwick -Griswold v. Connecticut -Lemon v. Kurtzman -Palko v. Connecticut
Bowers v. Hardwick
Often, class action suits have been the vehicles through which groups have asserted claims involving civil rights. One of the most famous of these cases was which of the following? -Marbury v. Madison -McCullough v. Maryland -Brown v. Board of Education -Miranda v. Arizona -Gideon v. Wainwright
Brown v. Board of Education
When President Lincoln instituted a blockade of southern ports, considered an act of war, he deemed his use of power necessary under which of the following? -Under his constitutional power as commander-in-chief -Under emergency powers granted by the Constitution -Under his constitutional powers to tax and spend for the general welfare -By claiming inherent powers to preserve the Union -Under his constitutional powers with the authority of Congress
By claiming inherent powers to preserve the Union
Which legal concept would yelling "fire" in a crowded theater violate? -Bad tendency rule -Strict scrutiny test -Lemon test -Prior restraint -Clear and present danger test
Clear and present danger test
What did the Court rule in Roe v. Wade that states could do regarding abortion? -Place significant restrictions on a woman's right to seek an abortion without her partner's consent -Outlaw all abortions -Outlaw abortions in the second trimester of pregnancy -Place any restrictions on abortions -Cannot limit a woman's right to seek an abortion during the first trimester of pregnancy
Cannot limit a woman's right to seek an abortion during the first trimester of pregnancy
The role in which members of Congress serve as brokers between private citizens and the federal government usually takes which of the following forms? -Trusteeship -Delegation -Lawmaking -Earmarking -Casework
Casework
The people whom a legislator represents and spends considerable time and effort serving are known as which of the following? -Delegates -Trustees -Constituents -Representatives -Members
Constituents
Presidential powers expressly given to the president by the Constitution are called which of the following? -Constitutional powers -Statutory powers -Established powers -Inherent powers -Article I powers
Constitutional powers
What is the state required to ensure that criminals have according to -Gideon v. Wainwright? -Free speech rights -Freedom of assembly -Privacy -Counsel -Right to bear arms
Counsel
A court case that involves a violation of public order is known as which of the following? -Jurisdiction case -Appellate case -Civil case -Administrative case -Criminal case
Criminal case
Selection of committee chairpersons in each chamber of Congress is most often based on which of the following? -The advice and consent of the president -Which party holds the majority in the chamber -Seniority -Balancing power between the two parties -Longstanding traditions of assigning certain positions to members from certain districts or states
Seniority
In his inaugural address, President Lyndon Johnson used the term justice rhetorically to refer to which of the following? -Fair court procedures -Economic and social equality -Halting communism in Southeast Asia -Ensuring a minimal level of government involvement in day-to-day life -A hardline criminal law stance
Economic and social equality
Cruel and unusual punishment is prohibited by which of the following? -Tenth Amendment -Judicial review -Fifth Amendment -Eighth Amendment -First Amendment
Eighth Amendment
All taxing and spending bills must originate where? -United States Senate -United States House of Representatives -Joint Committee on the Budget -Department of Commerce -Bureau of the Budget
United States House of Representatives
The Constitution does not give the president the power to do which of the following? -Veto legislation -Convene sessions of Congress -Declare war -Serve as commander-in-chief of the military -Serve as administrative head of state
Declare war
A foreign policy power given to Congress includes which of the following? -Borrowing money from other countries -Declaring war -Regulating interstate commerce -Raising an army -Summoning and regulating state militias
Declaring war
On issues of high visibility and great concern to constituents, members of Congress are most likely to behave as which of the following? -Advisors -Trustees -Advertisers -Insiders -Delegates
Delegates
The president's power to recognize or not recognize a foreign government is what type of recognition? -Secretarial -Ambassadorial -International -Diplomatic -Nonpartisan
Diplomatic
The overwhelming majority of federal cases are resolved in which of the following courts? -Appeals courts -The U.S. Supreme Court -District courts -Article I courts -Administrative courts
District courts
When the president is a Republican and the Senate is also controlled by Republicans, but the House of Representatives is controlled by Democrats, it demonstrates which of the following ideas? -Civil government -Divided government -Responsible party government -Concurrent government -United government
Divided government
States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court's interpretation of which Fourteenth Amendment clause? -Due process -Equal protection -Incorporation -Free exercise -Prior restraint
Due process
When do presidents typically receive their highest approval ratings? -During their first year in office -During their final year in office -During the political campaign leading up to the election -Right after the State of the Union Address -During the inauguration ceremony
During their first year in office
Which of the following is true of someone's right to have their case heard by the U.S. Supreme Court? -It only exists in criminal cases. -It only exists in federal cases. -It only exists in cases where someone has been sentenced to death. -It exists in all cases. -It is almost entirely at the Supreme Court's discretion.
It is almost entirely at the Supreme Court's discretion.
In 2011, congressional parties formally banned which of the following pork barrel projects that benefit specific districts or states? -Mandates -Bylines -Filibusters -Delineations -Earmarks
Earmarks
In 2013, in response to their frustration with minority filibusters, Senate Democrats decided to do which of the following? -Invoke "perpetual cloture" which ended the possibility of filibusters -Split appointments 50/50 among Republicans and Democrats -End legislative recesses until Republicans agreed to limit filibusters -Eliminate filibusters for confirmation of presidential nominees other than Supreme Court justices -Change Senate committee structures so that Republicans would be less represented and would lose influence
Eliminate filibusters for confirmation of presidential nominees other than Supreme Court justices
As chief executive, the president is constitutionally bound to do which of the following? -Enforce laws, treaties, and court orders -Submit a balanced budget to Congress -Inform Congress prior to diplomatic action -Oversee actions of state governments -Honor orders and declarations of previous presidents
Enforce laws, treaties, and court orders
In his inaugural address, President Ronald Reagan used the term freedom rhetorically to refer to which of the following? -Fair court procedures -Economic and social equality -Halting communism in Southeast Asia -Ensuring a minimal level of government involvement in day-to-day life -Social equality
Ensuring a minimal level of government involvement in day-to-day life
Which clause of the First Amendment is the basis for the separation of church and state? -Free exercise -Supremacy -Establishment -Due process -Necessary and proper
Establishment
What limitation does the exclusionary rule put in place? -A court can order or constrain an action by an individual. -Evidence obtained from an illegal search and seizure cannot be used in a trial. -Fighting words can be excluded from constitutional protection. -People who are biased against a defendant may be excluded from serving on a jury. -Evidence wrongly excluded at trial may not be used in appellate court later.
Evidence obtained from an illegal search and seizure cannot be used in a trial.
What is a law that allows people to be tried for actions that were undertaken before they were made illegal called? -Bill of attainder -Ex post facto law -Selective incorporation -Prior restraint -Lemon test
Ex post facto law
A pact between the leaders of two nations is known as which of the following? -Treaty -Executive agreement -Legislative act -Resolution -White paper
Executive agreement
The free exercise clause, protecting freedom of religious practice, is found in which amendment to the Constitution? -First Amendment -Second Amendment -Fifth Amendment -Eighth Amendment -Tenth Amendment
First Amendment
Oversight is the process by which Congress does which of the following? -Reviews the actions of subcommittees -Chooses its leadership -Supervises the activities of the judicial branch -Enacts public policy -Follows up on the laws that it has enacted
Follows up on the laws that it has enacted
The ratification of which of the following amendments prompted the Supreme Court to begin applying the Bill of Rights to the states? -Thirteenth -Fourteenth -Fifteenth -Nineteenth -Twenty-fourth
Fourteenth
Which of the following amendments has been construed to extend a constitutional limit on national power to state governments? -First Amendment -Ninth Amendment -Fifth Amendment -Fourteenth Amendment -Tenth Amendment
Fourteenth Amendment
What is the constitutional provision that protects religious freedom? -Freedom of association -Symbolic speech -Free exercise clause -Clear and present danger test -Elastic clause
Free exercise clause
The drawing of legislative district boundaries in order to give one party an advantage is known as which of the following? -The coattail effect -The incumbency advantage -Redistricting -Reapportionment -Gerrymandering
Gerrymandering
Presidents travel frequently to raise funds for congressional candidates. In addition to electing more members of their own party, they also do this to accomplish which of the following? -Meet with fundraisers for their own future campaigns -Meet with constituents, which helps them the next time they may need to "go public" -Get a bump in approval ratings -Get the gratitude of legislators -Get future Court nominees appointed with ease
Get the gratitude of legislators
Which of the following is an example of the president's use of constitutional power? -Issuing an executive order -Declaring national emergencies -Giving a State of the Union message -Invoking executive privilege -Declaring war
Giving a State of the Union message
Which of the following is an exception to the exclusionary rule supported by the Supreme Court? -Probable cause does not need to be established in civil matters. -Potential death penalty cases may disregard all standard evidence rules. -Good faith exceptions may be made for officers utilizing the incorrect search warrant form. -The homes of witnesses to a crime may be searched without a warrant. -Good intention exceptions may be made for veteran officers in felony matters.
Good faith exceptions may be made for officers utilizing the incorrect search warrant form.
Which of the following is the term for the situation where the government is incapable of acting on important issues? -Federalism -Gridlock -Franking -Polarization -Fundamentalism
Gridlock
In which case did the Supreme Court void laws against married couples using birth control? -Brandenburg v. Ohio -Gideon v. Wainwright -Griswold v. Connecticut -Roe v. Wade -Schenck v. United States
Griswold v. Connecticut
The significance of the Ninth Amendment remained unexplored until which of the following Supreme Court cases? -Roe v. Wade -Palko v. Connecticut -Griswold v. Connecticut -Lemon v. Kurtzman -Mapp v. Ohio
Griswold v. Connecticut
With respect to presidential leadership in the legislative arena, which of the following is true of the presidency of Franklin Roosevelt? -He did not actively pursue an aggressive legislative agenda. -He ushered in the era of significant presidential legislative action. -He slowed down the traditionally active presidential legislative agenda. -He continued the traditionally passive legislative stance of presidents. -He was less successful in implementing his legislative agenda than most presidents before or since.
He ushered in the era of significant presidential legislative action.
Going on official state visits to other countries, decorating war heroes, and dedicating parks are all examples of the president's role as which of the following? -Chief legislator -Chief diplomat -Commander-in-chief -Head of state -Chief executive
Head of state
What legal requirement is established in Gideon v. Wainwright? -A lawyer does not have to be provided in a state case, only in federal cases. -Search warrants are always needed to gather evidence. -Lawyers only need to be appointed in death penalty cases. -There can be no cruel and unusual punishment. -If one cannot afford an attorney, the government must provide one.
If one cannot afford an attorney, the government must provide one.
Inciting a crowd to violence is not protected speech because it can lead to which of the following? -Imminent lawless action -Prior restraint -Extra spending by police forces on crowd control -Obscenity -Actual malice
Imminent lawless action
As a way to account for excesses by the Supreme Court justices, the Constitution allows for which of the following? -A supermajority vote -Impeachment -Free speech -The president to remove jurisdiction -A mandate
Impeachment
Typically, members of Congress spend most of their weekends where? -In Washington -At their vacation homes outside Washington -On congressional research tours to other countries -In their home districts -In meetings in their state capitals, getting direction from the governor and state legislature
In their home districts
The Supreme Court applied the provisions of the Bill of Rights to the states through which of the following processes? -Emancipation -Dispersion -Incorporation -Ratification -Enumeration
Incorporation
The view that most liberties and rights guaranteed in the Bill of Rights are protected from state government actions through the Fourteenth Amendment's due process clause is known as what? -Assimilation doctrine -Incorporation theory -State restrictions exclusion -Supremacy clause -Establishment clause
Incorporation theory
Which of the following is true of the Executive Office of the President? -It assists the president in carrying out major duties. -It is an advisory group made up of the heads of the fifteen major government departments. -It is headed by the National Security Agency. -It helps control the nation's money supply. -It is led by the Speaker of the House.
It assists the president in carrying out major duties.
What did the Supreme Court rule in McDonald v. Chicago about an individual's right to bear arms? -It can be prohibited by state or local government. -It only is permitted if the individual is part of a state militia. -It cannot be prohibited by state or local government. -It only is permitted if the individual submits to a state background check. -It permits the individual to possess submachine guns and assault rifles.
It cannot be prohibited by state or local government.
Which of the following is true of the necessary and proper clause? -It has expanded the role of the national government relative to the states. -It has increased the powers of the state governments relative to the federal government. -It was eliminated by the Twenty-Seventh Amendment. -It has served to limit the expansion of national authority. -It is located in the text of the Tenth Amendment.
It has expanded the role of the national government relative to the states.
Which of the following statements is true of a majority opinion? -It means all justices unanimously agree on the decision. -It is sent back to the court that originally heard the case. -It means the decision of the District Court must stand. -It will result in a new trial to address the constitutional issue. -It is the decision of most of the justices and is the decision of the Court.
It is the decision of most of the justices and is the decision of the Court.
Which of the following statements regarding a precedent is true? -It means to reverse the decision of a lower court -It says the court does not have jurisdiction in a case. -It allows a court to refer the case to the next higher court. -It is the policy of following the law established by prior cases to decide other cases. -It means strict interpretation.
It is the policy of following the law established by prior cases to decide other cases.
Before a treaty can go into effect, which of the following must occur? -It must be submitted to the United Nations for approval. -It must be ratified by the Supreme Court. -It must be approved by three-fourths of the state governments. -It must be approved by a two-thirds vote in the Senate. -It must be approved by a majority vote in both houses of Congress.
It must be approved by a two-thirds vote in the Senate.
In which of the following ways did the decision in Marbury v. Madison affect the power of the Supreme Court? -It reduced the power of the Court by declining to check and balance the Jefferson administration. -It potentially expanded the power of the Court to equal or exceed the power of other branches of government. -It made the Court as powerful as Congress because the Court could instruct Congress how to conduct business. -It helped the Supreme Court supersede the power of all state and local courts. -It did not have any effect on the power of the Court because the Constitution is the final law.
It potentially expanded the power of the Court to equal or exceed the power of other branches of government.
What was the decision in the case of Roe v. Wade? -It upheld the right of couples to use birth control devices. -It upheld the right of gay Americans to consenting sexual relationships. -It denied the right of gay Americans to consenting sexual relationships. -It upheld the right of women to have abortions under certain conditions. -It ruled that state laws criminalizing adultery were unconstitutional.
It upheld the right of women to have abortions under certain conditions.
Which of the following procedures does an appellate court use when it reviews a case? -It uses a panel of judges to review the records of a case. -It conducts another trial. -It relies on a jury to hear a new case. -It assesses only questions of fact associated with the case. -It presents the records of a case to the local government.
It uses a panel of judges to review the records of a case.
Which of the following justices authored the decision in Marbury v. Madison? -Antonin Scalia -John Jay -Oliver Ellsworth -Earl Warren -John Marshall
John Marshall
Public opinion can serve as a check on the judiciary in which of the following ways? -The Supreme Court typically polls the public as a basis for its decisions. -People have the ability to vote federal judges out of office if they do not approve of the rulings of the courts. -Judges often believe they have an obligation to take public opinion into account in their rulings. -The president will veto a Supreme Court decision if it is unpopular. -Congress will override a decision of the Supreme Court with a majority vote in both houses.
Judges often believe they have an obligation to take public opinion into account in their rulings.
Which of the following statements regarding appeals courts is true? -Witnesses and testimony are presented to the jury. -Judges review lower court case records to determine if there is evidence of an error. -Grand juries decide if there is enough evidence to conduct a trial. -Attorneys from both sides try to work out an agreement. -Appellate court judges are recommended by Congress and appointed by the president.
Judges review lower court case records to determine if there is evidence of an error.
The doctrine that holds that the Supreme Court should aggressively check the other branches of government when they exceed their authority is known as which of the following? -Judicial restraint -Strict construction -Judicial activism -Broad construction -Conservative activism
Judicial activism
A doctrine holding that the courts defer to the decisions of elected officials is called which of the following? -Broad construction -Conservative activism -Strict construction -Judicial restraint -Judicial activism
Judicial restraint
The power of the courts to determine the constitutionality of a law or action is known as which of the following? -Appellate review -Judicial review -Precedent -Writ of Mandamus -Habeas corpus
Judicial review
What did the Bill of Rights do as originally intended in the Constitution? -Limited only the power of the national government, not that of the states -Protected citizens from all forms of government -Protected citizens from the national and state governments, but not from local governments -Limited only the power of state governments -Recognized the supreme powers of the United States Congress
Limited only the power of the national government, not that of the states
If a member of Congress listens to his or her constituents and votes the way that most of them want, he or she is said to be following which system of governance? -Majoritarian -Pluralistic -Elitist -Constitutional -Republican
Majoritarian
The opinion of a court laying out the official position of the court in the case is known as which of the following? -Majority opinion -Dissenting opinion -Minority opinion -Primary opinion -Prevailing opinion
Majority opinion
What is the requirement that persons under arrest be informed of their legal rights, including right to counsel known as? -Equal representation policy -Exclusionary rule -Sphere of privacy -Miranda rule -Mapp rule
Miranda rule
What are the statements that police are required to make to a person before that person may be subjected to in-custody questioning known as? -Cross-examination -Exclusionary rules -Interrogations -Jailhouse rights -Miranda warnings
Miranda warnings
When initially ratified, the Bill of Rights imposed limits on which of the following? -National government -State government -All levels of government -All levels of government except national -Individuals
National government
If a state supreme court decides a case based solely on state law, what impact can the U.S. Supreme Court have on the decision? -Overturn the case based on its own interpretation of state law -Declare the state law unconstitutional so that the case has to go back to lower state courts -Review the decision and use it as a precedent for federal cases -Using the theory of stare decisis, change the decision to meet federal guidelines -Nothing, as the U.S. Supreme Court can only rule on federal cases or constitutional questions
Nothing, as the U.S. Supreme Court can only rule on federal cases or constitutional questions
How does a representative who is performing the role of a trustee vote? -In the interest of his or her home constituents -In support of his or her political party's agenda -On the basis of his or her own conscience in the broad interests of all society -In accordance with opinion polls -Based on vote trades and log rolling
On the basis of his or her own conscience in the broad interests of all society
What does the phrase "divided government" refer to? -Democrats and Republicans agreeing on a coalition government -The separation of powers among the three branches -The specialization in Congress, based on committees -One party controlling the presidency, and the other party controlling Congress -Congress and the president being opposed by the Supreme Court
One party controlling the presidency, and the other party controlling Congress
Who can introduce a bill in Congress? -Only a member of Congress -Any American citizen -Any registered interest group member or lobbyist -Members of Congress and Supreme Court justices -Supreme Court justices, members of Congress, or the president
Only a member of Congress
When can the U.S. Supreme Court review a state supreme court decision? -If there are damages in excess of $250,000 -If the solicitor general asks it to do so -In all cases -In cases in which the state is a party -Only if a federal question is involved
Only if a federal question is involved
Appellate court proceedings may include which of the following? -Witnesses and testimony presented to a jury -Juries -Cross-examination -Presentation of new evidence -Oral argument
Oral argument
Most democracies outside the United States have which of the following? -Parliamentary system -Executive-legislative system -Congressional system -Constitutional monarchy -Legislative oversight system
Parliamentary system
The most important factor for rejection of a judicial nominee has been which of the following? -The nominee's age -The nominee's gender -The nominee's religious background -Partisan politics -The nominee's educational background
Partisan politics
In its 2011 decision Snyder v. Phelps, the Supreme Court affirmed the right of the Westboro Baptist Church to do what? -Call for the violent overthrow of the Supreme Court -Picket Planned Parenthood clinics with images of guns -Distribute leaflets outside IRS offices telling taxpayers they were going to hell -Picket funerals to communicate their belief that God punishes the military for tolerating homosexuality -Legally remove a statue of the Ten Commandments from a public park if their own tablet reading "God Hates America" was not also accepted for display
Picket funerals to communicate their belief that God punishes the military for tolerating homosexuality
The Supreme Court's rulings generally are in line with popular opinion except for its decision on which of the following issues? -Gay marriage -Federalism -Capital punishment -Gun control -Prayer in public schools
Prayer in public schools
If a judge rules a certain way on a case because prior cases of similar nature were subject to the same rule, that judge could be said to be relying on which of the following? -Precedent -Judicial review -Strict construction -Broad construction -Judicial activism
Precedent
The "fundraiser in chief" for the governing party is typically whom? -Senate majority leader -House majority leader -Vice president -President -Speaker of the House
President
The main function of the president's cabinet is to do which of the following? -Draft the federal budget and submit it to Congress for approval -Write federal regulations -Provide information regarding proposed legislation by testifying before Congress -Provide leadership in the event the president is unable to perform his duties -Provide advice to the president to aid in decision making
Provide advice to the president to aid in decision making
A temporary legislative committee established for a limited time period and for a special purpose is known as which of the following? -Joint committee -Conference committee -Standing committee -Rules committee -Select committee
Select committee
The purpose of a conference committee is to do which of the following? -Originate appropriations bills -Set the rules of debate for a bill -Determine the committee path of a bill -Reconcile House and Senate versions of a bill -Override a presidential veto
Reconcile House and Senate versions of a bill
To what does prior restraint refer? -Closed sessions of hearings by Congress -Methods used by the government to get terrorists to talk -Prohibition of judges from legislating from the bench -Restraining an activity, such as expression, before that activity has actually occurred -Ability of police to detain people when riots appear imminent
Restraining an activity, such as expression, before that activity has actually occurred
Which of the following presidents made important strides in foreign relations, completing an important arms control agreement with the Soviet Union and beginning negotiations with China, a country with which the United States had no formal diplomatic relations? -John F. Kennedy -Gerald Ford -Jimmy Carter -Ronald Reagan -Richard Nixon
Richard Nixon
Which constitutional right inferred by the Court has been used to protect unlisted rights such as reproductive rights? -Right to privacy -Right against self-incrimination -Wall of separation right -Due process right -Right to assembly
Right to privacy
Tinker v. Des Moines School District established constitutional protection for which of the following? -Silent prayer in public school -Transgendered choice in public restroom facilities -Right to symbolic speech in schools -Representational speech -Censorship of high school newspapers
Right to symbolic speech in schools
More than two dozen constitutional amendments were introduced in Congress, though none were passed, within eight months after which of the following Supreme Court decisions? -Brown v. Board of Education -Roe v. Wade -Marbury v. Madison -Bush v. Gore -Miranda v. Arizona
Roe v. Wade
Which of the following is the committee in the House that proposes time limitations on debate for bills? -Debate Committee -Rules Committee -House Ways and Means Committee -Debate and Censure Committee -Issues Committee
Rules Committee
Federal appellate courts review and can overturn which of the following? -Precedents set by the U.S. Supreme Court -Federal criminal cases -Rulings made by the lower federal courts -Guilt or innocence of defendants -Only civil cases
Rulings made by the lower federal courts
For states to pass a law that also happens to restrict religious practices, the law must have what type of aim or purpose? -Nonpartisan -Reasonable -Serious -Educational -Secular
Secular
Which of the following describes the duties of the U.S. vice president? -Serving as president of the Senate -Making committee assignments in the Senate -Casting tiebreaking votes in the Senate -Serving as president of the Senate and making committee assignments in the Senate -Serving as president of the Senate and casting tiebreaking votes in the Senate
Serving as president of the Senate and casting tie breaking votes in the Senate
Which of the following positions does the president NOT have the power to appoint? -Federal District Court and Court of Appeals judges -Ambassadors -Cabinet members -Speaker of the U.S. House of Representatives -U.S. Supreme Court justices
Speaker of the U.S. House of Representatives
Which of the following terms is used for certain types of nonverbal activities, such as flag burning, which the Supreme Court has ruled are protected under the First Amendment? -Symbolic speech -Direct speech -Fighting words -Hate speech -Public speech
Symbolic speech
The highest official in the federal court system is which of the following? -The longest-serving Associate Justice of the U.S. Supreme Court -The U.S. Court of Appeals Chief Justice for the District of Columbia -The Chief Justice of the U.S. Supreme Court -The U.S. district court Chief Justice for the southern district of New York -The Chief Administrator of the 5th Circuit Court of Appeals
The Chief Justice of the U.S. Supreme Court
The Supreme Court's power of judicial review was established by which of the following? -The Court's decision in Brown v. Board of Education -The Court's decision in Pennoyer v. Neff -The Court's decision in Marbury v. Madison -The Court's decision in Plessy v. Ferguson -The Court's decision in Kelo v. City of New London
The Court's decision in Marbury v. Madison
The group of advisors that helps the president mold a coherent approach to foreign policy is known as which of the following? -The National Security Council -The Department of Defense -The Department of War -The Foreign Affairs Committee -The National Security Agency
The National Security Council
After being reported by a committee, but before being sent to the House floor, bills are sent to which committee, which defines the conditions under which the bill is to be considered by the House? -The Appropriations Committee -The Joint Committee -The Select Committee -The Ways and Means Committee -The Rules Committee
The Rules Committee
Judicial review is the process for deciding whether a law or action is contrary to which of the following? -Administrative laws -Previous precedent -Lower court decisions -State law -The U.S. Constitution
The U.S. Constitution
Which of the following influences current-day presidents the most? -The cabinet -The office of the Vice President -The White House staff -The National Security Council -U.S. Supreme Court rulings
The White House staff
What does the exclusionary rule prohibit? -Arresting officers from serving as a character witness at a hearing or trial -Detention of a suspect for more than forty-eight hours without the suspect being charged -The admission of illegally seized evidence at trial -Juries knowing the possible punishments if the defendant is convicted -None of these actions are prohibited.
The admission of illegally seized evidence at trial
Jurisdiction refers to which of the following? -The rules and principles announced in court decisions -The authority of a court to hear a particular class of cases -The constitutionality of a law -Statutory law -Common law
The authority of a court to hear a particular class of cases
Which of the following is true of members of the cabinet? -They are appointed to the cabinet through congressional appointment. -They are expressly identified in the Constitution. -They are all department secretaries who oversee administrative functions for the president. -The cabinet may include the vice president and other advisors if the president chooses to include them. -They are limited to one presidential term and must then leave government service.
The cabinet may include the vice president and other advisors if the president chooses to include them.
The seniority system provides which of the following? -Members are awarded additional committee assignments in line with their seniority. -The committee member of the majority party with the longest continuous service normally becomes the committee chairperson. -Members become party whips in order of seniority. -Members of the House can be appointed to the Senate to fill vacancies. -The Speaker of the House is the member of the majority party with the longest continuous service.
The committee member of the majority party with the longest continuous service normally becomes the committee chairperson.
When no presidential candidate receives a majority of the electoral vote, which of the following occurs? -The current president serves two additional years, and then another general election is held. -The candidate who receives a plurality of the vote is elected. -Electors cast a second ballot to determine who is elected. -The election is decided by the United States House of Representatives. -The election is decided by the United States Senate.
The election is decided by the United States House of Representatives.
The basis of freedom of religion is found in which two clauses in the Bill of Rights? -The establishment clause and the general welfare clause -The general welfare clause and the supremacy clause -The supremacy clause and the free exercise clause -The establishment clause and the free exercise clause -The free exercise clause and the general welfare clause
The establishment clause and the free exercise clause
The power of advice and consent on treaties and presidential nominations was given only to which of the following institutions? -State legislatures -United States House of Representatives -United States Supreme Court -United States Senate -Secretary of State
United States Senate
What does the constitutional doctrine of prior restraint prohibit? -The government from censoring obscene material -The government from trying to prevent publication of material by the press except under extraordinary circumstances -Free speech accompanied by marches, demonstrations, or assembly -A judge from withholding information about a court case from release to the public or press -Flag burning as a form of protest
The government from trying to prevent publication of material by the press except under extraordinary circumstances
A congressional earmark allows which of the following? -Deficit spending rather than balancing the federal budget -More discretionary funds that can be channeled to where the money is most needed -The government to spend money on a specific project -A tax loophole for a specific corporation -The funding required for entitlement programs
The government to spend money on a specific project
The Constitution gives the vice president which of the following? -The job of presiding over the Senate and voting in case of a tie -Many responsibilities independent of presidential authority -The job of chief of staff to the president -The right to use the veto power, with presidential approval -The right to exercise the veto when the president is out of the country
The job of presiding over the Senate and voting in case of a tie
The main conduit for communication between the president and Congress is which of the following? -The legislative liaison staff -Friendly lobbyists -Journalists trading information in their attempts to find out what is likely to happen with legislation -The president's chief of staff -Staff from the offices of the Speaker of the House and the Majority Leader of the Senate
The legislative liaison staff
In a parliamentary system, power is concentrated in which of the following? -The head of state -The voting public -The legislature -The prime minister -The courts
The legislature
Because the U.S. court system has so many alternative points of access for individuals and groups to present and argue their claims, it is said to follow which of the following models? The majoritarian model The elite model The participatory model The egalitarian model The pluralist model
The pluralist model
When judges attempt to consciously advance group interests as they see fit, they are illustrating which of the following models of democracy? -The majoritarian model -The elite model -The participatory model -The egalitarian model -The pluralist model
The pluralist model
The opportunity for the president to appoint members to the federal judiciary is valuable for which of the following reasons? -New justices help move long-term justices closer to mandatory retirement. -A majority of presidents have been able to make more than five appointments to the bench while in office. -Rulings related to redistricting and election laws will be altered to favor the president's political party. -The Court is able to move swiftly to begin ruling in favor of the president's ideology. -The political views of the president will continue to be institutionalized long after they have left the White House.
The political views of the president will continue to be institutionalized long after they have left the White House.
The concept of senatorial courtesy refers to which of the following? -The Senate approving judges only if they belong to the same party that controls the Senate -The practice of allowing senators to have the exclusive right to nominate candidates for the federal district courts in the state -The practice of allowing members of the House to participate in the nomination process -The practice of allowing senators to veto candidates for federal district courts in their state -The Senate's deferring to the president and routinely approving his or her nominee
The practice of allowing senators to veto candidates for federal district courts in their state
In the absence of the president of the Senate, who presides over the Senate? -The Senate majority leader -The Senate majority whip -The president pro tempore of the Senate -The vice president of the United States -The Speaker of the House
The president pro tempore of the Senate
Which of the following best describes redistricting? -The allocation of the seats in the House to each state, which is updated every five years -The redrawing of district boundaries within each state to ensure equal district populations -A court order to hold new elections because of voting irregularities -Altering a legislative formula that apportions spending among the states -It is determined and regulated by the United States Supreme Court
The redrawing of district boundaries within each state to ensure equal district populations
Which of the following statements about a president's veto power is most accurate? -The threat of a veto gives the president significant influence over Congress and legislation. -The veto has been used by Congress to stop the president from signing legislation. -Because vetoes are frequently overridden, the power has enormous importance.
The threat of a veto gives the president significant influence over Congress and legislation.
A legislator acts as a trustee when they vote based on which of the following? -Majority rule -Their conscience -Party alignment -Constituency agreement -Historical trends
Their conscience
A constitutional amendment to clarify the way votes are cast in the Electoral College was necessary because of which of the following? -There was no way to tell which votes were for president and which were for vice president. -There was a tie in the electoral votes in the election of 1800. -Large states did not have fair representation in the Electoral College. -In three elections, no candidates received a majority of the votes in the Electoral College. -There was a tie in the electoral votes in the election of 1800 and no way to tell which votes were for president and which were for vice president.
There was a tie in the electoral votes in the election of 1800 and no way to tell which votes were for president and which were for vice president.
The White House is willing to work with interest groups for which of the following reasons? -They are able to mobilize their constituents to contact members of Congress. -They are a resource Congress tends to ignore. -They are able to access financial resources that could be helpful to the president. -They are numerous. -They are too powerful to be ignored.
They are able to mobilize their constituents to contact members of Congress.
Which of the following statements regarding federal judges is true? -They are chosen in a secret process. -They are elected by the people. -They are appointed for life. -They are chosen by Congress. -They must retire at the age of 72.
They are appointed for life.
According to research, which of the following happens when presidents use energetic and well-planned efforts to influence public opinion? -It can move public responses to opinion polls by about ten percentage points. -They are likely to have little effect. -They are far more effective when dealing with foreign policy than domestic policy. -They are far more effective when dealing with domestic policy than foreign policy. -This only works during the president's first year in office.
They are likely to have little effect.
Which of the following is true of executive orders? -They are merely opinions and have no force of law. -They are part of a president's executive power. -They were first recognized by the Supreme Court in 2004. -They are part of a president's legislative power. -They are part of a president's judicial power.
They are part of a president's legislative power.
Which of the following statements regarding U.S. district courts is true? -They are intermediate appellate courts. -They have final appellate jurisdiction to review cases. -They are subject to the jurisdiction of state courts. -They are the trial courts of the federal system. -They are courts of appellate jurisdiction.
They are the trial courts of the federal system.
Over time, what has happened to political parties in Congress? -They have become more inclusive of various ideological perspectives. -They have become more and more similar, giving voters fewer legitimate choices. -They have become more ideologically distinct. -They have found it easier to identify common ground. -They have largely abandoned traditional ideological viewpoints.
They have become more ideologically distinct.
Which of the following statements regarding state courts is true? -They are exact copies of the federal court system. -They do not have to follow common law. -They are supreme within their own borders, overriding the federal courts. -Their decisions are invalid due to the supremacy clause. -They make decisions on state law, as long as these laws don't conflict with the U.S. Constitution.
They make decisions on state law, as long as these laws don't conflict with the U.S. Constitution.
What usually happens to members of Congress who run for reelection? -They are defeated in primary elections. -They are defeated in general elections. -They quit during the campaign. -They successfully run for reelection. -They are term-limited and cannot run for reelection.
They successfully run for reelection.
Where did the phrase "wall of separation between church and state" originate? -Chief Justice John Marshall -Magna Carta -First Amendment -Thomas Jefferson -Ben Franklin
Thomas Jefferson
Why do U.S. House districts have to be as equal in population as possible? -To make it easier to determine the winners of the district -To follow the principle of one person, one vote -In order for each representative to have equal legislative power -In order for each representative to have an equal chance of serving on House committees -In order for each representative to have equal legislative power, and for each representative to have an equal chance of serving on House committees
To follow the principle of one person, one vote
Which amendment to the Constitution requires the president and the vice president to be chosen separately by the Electoral College? -Ninth -Tenth -Twelfth -Twenty-Fourth -Twenty-Fifth
Twelfth
Which of the following amendments to the U.S. Constitution establishes procedures for filling presidential and vice-presidential vacancies and makes provisions for presidential incapacity? -Eleventh -Fourteenth -Nineteenth -Twenty-First -Twenty-Fifth
Twenty-Fifth
According to the Constitution, all bills for raising revenue must originate where? -United States Senate -United States House of Representatives -Joint Committee on the Budget -Department of Commerce -Bureau of the Budget
United States House of Representatives
The Seventeenth Amendment allowed which of the following positions to be directly elected by the people? -United States Senators -House of Representatives members -Majority leader of the Senate -President -Speaker of the House
United States Senators
What does the Fourth Amendment prohibit? -Cruel and unusual punishment -Involuntary quartering of soldiers -Double jeopardy -Unreasonable searches and seizures -Speedy and public trials
Unreasonable searches and seizures
Presidential vetoes tend to increase when which of the following occurs? -When it's the president's second term -When the Supreme Court exercises judicial review with some frequency -When members of the Senate and the House are facing election -When the legislation involves popular policies -When the opposite party controls both houses of Congress
When the opposite party controls both houses of Congress
State supreme courts can turn to their state constitutions to "raise the ceiling of liberty above the floor created by the federal Bill of Rights." When would state supreme courts do this? -When the state supreme court is more conservative than the U.S. Supreme Court -When the state supreme court is unsure of what to do -When the state supreme court agrees with the U.S. Supreme Court -When the state supreme court is more liberal than the U.S. Supreme Court -When the state supreme court is concerned they'll be overruled by the U.S. Supreme Court
When the state supreme court is more liberal than the U.S. Supreme Court
