GOV Unit 3 Test

The Free Exercise Clause and the Establishment Clause can be found in which amendment?

First

With which of the following statements would the cartoonist most likely agree?

There is constant struggle to define the separation of church and state.

Which of the following is an example of how a state could constitutionally restrict speech under the First Amendment?

law banning groups from staging protests in major highways during rush hour traffic

The issue the Court considered in Miranda v. Arizona;

protection against self-incrimination.

The Supreme Court ruled in Roe v. Wade that neither states nor the federal government can ban abortion based on which of the following rights?

right of privacy

Using actions rather than words to convey an idea would be an example of

symbolic speech

Which of the following most accurately identifies the constitutional basis for the incorporation doctrine?

the 14th Amendment's due process clause

What government action brought an end to Jim Crow laws and legal segregation in America?

the ruling in Brown v Board of Education

Brown v. Board called for the desegregation of public schools

"with all deliberate speed."

Which of the following would violate 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 Court is likely to view a case concerning which of the following as a symbolic speech case?

A man who was arrested for waving a Nazi flag at a rally

In which of the following situations would the Supreme Court be most likely to apply the doctrine of selective incorporation?

A plaintiff challenges a state law that imposes penalties for certain categories of speech.

Which of the following consequences may occur based on the data in the graph?

Americans are likely more open to limits on speech in the future.

What was the effect of the opinion in Schenck v. United States?

As long as speech does not present a clear and present danger, it is allowed.

Under what circumstance can police conduct searches?

As long as they have probable cause of criminal activity

"It is in the context of the present world struggle between freedom and tyranny that the problem of racial discrimination must be viewed. TheUnited States is trying to prove to the people of the world, of every nationality, race, and color, that a free democracy is the most civilized and most secure form of government yet devised by man. We must set an example for others by showing firm determination to remove existing flaws in our democracy. The existence of discrimination against minority groups in the United States has an adverse effect upon our relations with other countries. Racial discrimination furnishes grist for the Communist propaganda mills." - Attorney General James P. McGranery, December 1952 McGranerys statements were most likely made during the Supreme Court ruling on which of the following cases?

Brown v. Board of Education

Which of the following is an accurate comparison of the two court cases? (Brown v Board & Roe v. Wade)

Brown v. Board: Concluded that "separate but equal" schools are impossible Roe v. Wade: Assured a pregnant woman's right to have an abortion' In the first trimester

Which of the following is an accurate comparison between civil liberties and civil rights?

Civil Liberties: Enshrined in the Bill of Rights Civil Rights: Equal application of law to all Americans

Applying the precedent established in Engel v. Vitale, which of the following potential public school activities would most likely be unconstitutional?

Compulsory bible reading at the start of the school day

"Southern resistance, Presidential vetoes, and this Court's pre-Civil-War precedent persuaded Congress that a constitutional amendment was necessary to provide full protection for the rights of blacks. Today, it is generally accepted that the Fourteenth Amendment was understood to provide a constitutional basis for protecting the rights set out in the Civil Rights Act of 1866. In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. "Opinion of the Court, McDonald v. Chicago (2010) Which of the following makes protection of the right to bear arms applicable to the states?

Due Process Clause of the 14th Amendment.

"It is in the context of the present world struggle between freedom and tyranny that the problem of racial discrimination must be viewed. TheUnited States is trying to prove to the people of the world, of every nationality, race, and color, that a free democracy is the most civilized and most secure form of government yet devised by man. We must set an example for others by showing firm determination to remove existing flaws in our democracy. The existence of discrimination against minority groups in the United States has an adverse effect upon our relations with other countries. Racial discrimination furnishes grist for the Communist propaganda mills." - Attorney General James P. McGranery, December 1952 Which of the following constitutional provisions enables the power of the federal government in enacting legislation regarding the issues raised in McGranerys argument? HINT: McGranery dealt with the legal issues of providing African Americans around the country with "equal protection" from undue discrimination and with the unlawfulness of school segregation. The establishment clause pertains to religious freedom cases. The Court has used the equal protection clause to provide justification for federal laws over state laws.

Equal protection clause of the Fourteenth Amendment

In Brown v. Board of Education (1954), the Supreme Court based its decision on which provision of the Fourteenth Amendment? HINT: The Fourteenth Amendment played a crucial role when the Supreme Court decided Brown. The case did not hinge on the issue of African American citizenship. The case did not deal with state representation in Congress. The case was about school access, not compensation for slavery.

Equal protection under the law

Which of the following principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur?

Exclusionary rule

The Miranda rule stems from rights protected by which of the following amendments?

Fifth and Sixth amendments

Which of the constitutional provisions is at issue in Schenck v. United States?

First Amendment free speech rights

Which amendment provides for the expansion of individual rights found in the Bill of Rights?

Fourteenth Amendment

The Supreme Court, in Mapp v. Ohio, ruled that evidence obtained without a search warrant could be excluded from trial in state courts. This finding upholds the Constitutional guarantee of no unreasonable search and seizure found in the

Fourth Amendment

Wisconsin v. Yoder addressed which of the following provisions of the First Amendment? HINT: Wisconsin u. Yoder pitted the state's Amish community against Wisconsin's compulsory education laws. Although the First Amendment was central to the case, the Amish community successfully argued that their religious beliefs prompted them to remove their children from school after the 8th grade.

Freedom of Religion

Which of the following is an accurate comparison of the two court cases? (Gideon v Wainwright & Miranda P. Arizona)

Gideon v. Wainright: Guaranteed right to an attorney for all criminal cases Miranda v. Arizona: Police officers have to inform people under arrest of their constitutional rights

The 6th Amendment's guarantee to legal counsel was made binding on the states in which of the following cases?

Gideon v. Wainwright -

Which of the following best summarizes the debate reflected in McDonald v. Chicago (2010)?

Is the Second Amendment right to keep and bear arms for self-defense in one's home fully applicable to the states?

If a newspaper prints an article in which the author is knowingly spreading false information about a private person, this is considered an example of:

Libel

Which of the following cases made the 2nd Amendment binding on the states via the 14th Amendment?

McDonald v. Chicago

Which of the following most clearly states the outcome of McDonald v. Chicago (2010)?

Municipalities may not infringe on the individual Second Amendment right to bear arms for self-protection in one's home.

Which of the following clauses justifies the "implied powers doctrine"?

The Necessary and Proper Clause

Which of the following statements is an accurate interpretation of the law on obscene speech in America?

Obscene speech is not protected unless it can meet established standards of value.

In what way do the decisions in Engel v. Vitale and Wisconsin v. Yoder differ?

One suggests public policy creates an establishment of religion, the other suggests a public policy denies free exercise of religion.

Which of the following rights does the First Amendment protect?

Petitioning the government for a redress of grievances

In which of the following cases did the Supreme Court decision establish the "separate but equal" doctrine of state-sponsored racial segregation?

Plessy v. Ferguson

Which of the following is NOT specifically addressed in the Bill of Rights?

Right to an education

Which of the following is the most complete summary of the selective incorporation doctrine?

SCOTUS now requires states to apply the Bill of Rights through the Fourteenth Amendment's due process clause.

All of the following Supreme Court rulings led to an expansion of civil liberties EXCEPT

Schenck v. U.S.

Which of the following is an accurate comparison of the two court cases?

Schenk v US: established the clear and present danger test NTY v US: prohibited prior restraint of the press in most cases

Which of the following best describes the balance the Supreme Court has struck between the establishment clause and the free-exercise clause?

State-sponsored prayer during school hours is prohibited, but voluntary prayer by student groups before school is allowed.

Which of the following issues did the Supreme Court consider when deciding Engel v. Vitale?

State-sponsored prayer in school

Which Supreme Court case ruled that flag burning is a protected form of symbolic speech?

Texas v. Johnson

Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty?

The Court has decided the execution of minors and the mentally handicapped is unconstitutional.

The Framers of the Constitution designed which of the following to be LEAST responsive to public opinion?

The Federal Courts

What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?

The Fifth Amendment protects citizens against the federal government, while the Fourteenth protects citizens against the states.

Which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?

The Fourteenth Amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states.

It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. --Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) Which of the following constitutional provisions would the author cite to support the opinion?

The equal protection clause of the Fourteenth Amendment

The outcome of McDonald v. Chicago (2010) rests most heavily on which of the following ideas reflected in the U.S. Constitution?

The right to keep and bear arms.

With the variety of religious denominations and religions represented at Chester A. Arthur High School, the administration has decided to bar students from wearing any religious symbols or garb that reflects a particular religious faith. Which of the following would be the best legal advice for school administrators?

This is an unsound policy because of the decision in Wisconsin v. Yoder.

Which of the following best describes the message in the political cartoon?

Threats to national security are leading to restrictions on civil liberties.

"Southern resistance, Presidential vetoes, and this Court's pre-Civil-War precedent persuaded Congress that a constitutional amendment was necessary to provide full protection for the rights of blacks. Today, it is generally accepted that the Fourteenth Amendment was understood to provide a constitutional basis for protecting the rights set out in the Civil Rights Act of 1866... In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and theStates. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. " Opinion of the Court, McDonald v. Chicago (2010) According to the excerpt above, which of the following best describes the reason Congress proposed the Fourteenth Amendment?

To provide a constitutional foundation for the civil rights of black people.

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws. Martin Luther King, Jr., "Letter from a Birmingham Jail" Which of the following statements best explains why King included this passage in "Letter from a Birmingham Jail"?

To show how segregationist laws were no different than unjust laws in oppressive states

If you are a federal attorney defending a federal law before the Supreme Court you hope the court will adopt the Rational Basis Standard rather than the Strict Scrutiny Standard

True

Which of the following specifically banned literacy tests and forced southern states to obtain federal approval for any changes to future election laws, including congressional redistricting?

Voting Rights Act of 1965

Segregation maintained by law is labeled

de jure.

The power of the government to take property for public use as long as the government provides just compensation for the property is called

eminent domain

The Constitution creates a "wall of separation between Church and State" in the words of the

establishment clause

The passing of the Voting Rights Act of 1965 is a significant political event because it

was instrumental in increasing the number of African American voters