Unit 3

To enforce the Fourteenth Amendment more clearly, Congress passed the 1/1 (A) Civil Rights Act of 1964 (B) Gramm-Rudman-Hollings Act (C) Social Security Act (D) Twenty-sixth Amendment (E) War Powers Resolution

A

Which of the following clauses provides the constitutional basis for incorporation? 1/1 a. due process clause b. equal protection clause c. privileges and immunities clause d. citizenship clause

A

Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of1972 ? 1/1 (A) Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women. (B) Paid lobbyists added the amendment on behalf of teachers unions in order to increase pay and tenure for public school teachers. (C) President Lyndon Johnson used the power of the bully pulpit to pressure members of Congress to pass a bill that would legally desegregate schools. (D) The Department of Justice added the amendment in order to provide legal guidance to states to enforce the Equal Rights Amendment.

A

Which of the following was (historically) an argument used by the Supreme Court in upholding federal statutes outlawing segregation in public accommodations? 1/1 (A) Such segregation affected interstate commerce, and Congress therefore had the authority to outlaw it. (B) Such segregation was wrong in principle, and Congress had moral authority to outlaw it even though the statutes lacked a strict constitutional basis (C) Such segregation violated the First Amendment's protection of the right to free assembly, and Congress therefore had the authority to outlaw it. (D) Such segregation violated the Tenth Amendment's reservation of power to state governments, and Congress therefore had the authority to outlaw it. (E) Since such segregation affected citizens of different states, it fell under the original jurisdiction of the federal courts and could therefore be outlawed by Congress.

A

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can be considered in college admissions, Justice Lewis Powell wrote: "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. . . . The . . . goal asserted by petitioner is the attainment of a diverse student body. This clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a university to make its own judgments as to education includes the selection of its student body." ----- According to the quote, what is the likely effect of the Court's ruling in the Bakke case? 1/1 (A) Colleges can consider race but cannot use strict racial quotas in admission practices. (B) Affirmative action practices can never be employed in college admission decisions (C) As a result of the Bakke decision, colleges and universities stopped considering race as a factor in admissions. (D) The Bakke decision affected the admissions practices only at private colleges, not at public universities.

A

All of the following statements reflect positions the Supreme Court has taken with regard to the right of free speech EXCEPT: 1/1 (A) A restriction on the right of free speech should always be viewed with skepticism. (B) There are no acceptable governmental restrictions on free speech. (C) Government has an obligation to try to ensure citizens the right to be heard. (D) The right to free speech is a fundamental natural right. (E) The First Amendments protects free speech from incursions of both the federal and state governments

B

In the case Guey Heung Lee v. Johnson (1971), the parents of Chinese American students who attended a primarily Asian American school challenged San Francisco's effort to desegregate the public schools, arguing that their culture and language would be diluted if their children were dispersed from their local school. The Supreme Court denied the challenge from the parents basing their decision on the Fourteenth Amendment. Which of the following cases was most likely used in the decision as a precedent? 1/1 (A) Tinker v. Des Moines Independent Community School District (1969) (B) Brown v. Board of Education of Topeka (1954) (C) Engel v. Vitale (1962) (D) Gideon v. Wainwright (1963)

B

The doctrine of "separate by equal" referred to above had previously been upheld by which of the following Supreme Court decisions? 1/1 (A) Dred Scott v. Sanford, 1857 (B) Plessy v Ferguson, 1896 (C) Youngstown Sheet and Tube Company v. Sawyer, 1952 (D) Engel v. Vitale, 1962 (E) Swann v. Charlotte-Mecklenburg County Board of Education, 1971

B

Which of the following applications of affirmative action would the United States Supreme Court likely consider unconstitutional? 1/1 (A) A company actively recruits women and minorities in its hiring practices for a federal contract. (B) A state university refuses acceptance of any new applicants from a specific race (C) A university values racial diversity on its campus and considers race as one of many factors when considering applicants to its freshman class. (D) The United States Department of Transportation hires a contractor with a history of hiring and promoting minorities and women for the construction of an interstate highway.

B

Which of the following statements presents the most important limitation of the data in the graph? 1/1 A) The time frame for the data is misleading. (B) There is no information about the total number of state legislators. (C) There are insufficient data points to detect a trend. (D) The trend over time is potentially misleading and would be easier to read in a pie chart.

B

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ----- From where is this text taken? 1/1 a. Voting Rights Act of 1965 b. Thirteenth Amendment c. Fourteenth Amendment d. Declaration of Human Rights

C

Civil rights activists, such as those who campaign for gay and lesbian equal rights and those who advocated for racial equality in the 1950s and 1960s, often find the most effective way to secure those rights is 1/1 (A) through mass demonstrations to raise awareness of their cause (B) through lobbying of individual members of Congress for support on legislation (C) through litigation in the courts to gain legal protections against discrimination (D) by launching educational campaigns to increase the level of public support for their cause (E) by persuading presidents to issue executive orders that prevent discrimination within the federal workforce

C

Discrimination in public accommodations was made illegal in the United States as a direct result of the 1/1 (A) Supreme Court decision in Brown v. Board of Education of Topeka (B) Supreme Court decision in Sweatt v. Painter (C) Civil Rights Act of 1964 (D) Montgomery bus boycott (E) Voting Rights Act of 1965

C

Jim Crow laws, still in place in the early 1960s in the South, were outlawed by the 1/1 (A) incorporation of the Bill of Rights (B) 1963 march on Washington (C) passage of the 1964 Civil Rights Act (D) Supreme Court decision in Brown v. Board of Education of Topeka (E) Supreme Court decision in Dred Scott v. Sandford

C

The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following? 1/1 (A) The First Amendment's right to freedom of expression (B) The Fourteenth Amendment's due process clause (C) The Fourteenth Amendment's guarantee of equal protection (D) The Fourth Amendment's exclusionary rule (E) The Fifth Amendment's power of eminent domain

C

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ? 1/1 (A) Commerce clause (B) Free exercise clause (C) Due process clause (D) Equal protection clause

C

Which of the following is most likely responsible for the increase in the number of southern African American state legislators between 1960 and 1992 as shown in the graph? 1/1 (A) The Civil Rights Act of 1964 (B) Brown v. Board of Education of Topeka (1954) (C) The Voting Rights Act of 1965 (D) The Nineteenth Amendment

C

Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior? 1/1 (A) Grassroots libertarian advocacy organizations have advocated in favor of less economic regulation of the marketplace (B) The Supreme Court has ruled that Fifth Amendment prohibition on double jeopardy was made applicable to the states. (C) Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality. (D) President Franklin D. Roosevelt's State of the Union address urged Congress to pass legislation that would ensure greater economic security for the American people.

C

Brown v the Board of Education 1/1 (A) Brought a rapid end to school segregation in the South. (B) Prohibited segregation in hotels and restaurants. (C) Required desegregation of teaching staff. (D) Initially affected only schools where segregation was mandated by law. (E) Affected segregation in the North rather than in the South.

D

In Brown v. Board of Education of Topeka, the Supreme Court established which of the following principles? 1/1 (A) A school official can search a student for drugs. (B) Everyone must go to school at least until the age of 16. (C) Tuition for private schools cannot be tax deductible. (D) Separation of students by race, even in equally good schools, is unconstitutional. (E) A moment of silent prayer at the beginning of the school day is allowable under the First Amendment.

D

In the case Boynton v. Virginia (1960), the Supreme Court ruled that segregation at a bus stop restaurant was illegal based on the Interstate Commerce Act. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ? 1/1 (A) Both cases were related to school bussing. (B) Both cases were primarily about the application of the commerce clause to address segregation. (C) Both cases ruled that the federal government did not have the authority to address segregation. (D) Both cases struck down local ordinances that prescribed segregation.

D

Protection of the legal rights of women has been facilitated by the passage of which of the following? -- I. The Equal Rights Amendment -- II. The Equal Pay Act of 1963 -- III. The Civil Rights Act of 1964 -- IV. The Education Amendments Act of 1972 1/1 (A) II only (B) I and III only (C) I and IV only (D) II, III, and IV only (E) I, II, III, and IV

D

The Fourteenth Amendment's equal protection clause declares that "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." In which of the following scenarios is this clause most likely to be used by the Supreme Court in its decision? 1/1 (A) A state law levies a tax on a bank established by the federal government. (B) Congress uses the commerce clause to establish a gun-free school zone. (C) A media company is prevented from publishing a classified document. (D) A local school district mandates racially segregated schools

D

The Supreme Court addressed the admissions policy of the University of Michigan Law School in Grutter v. Bollinger (2003). Justice Sandra Day O'Connor wrote for the court, "in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants." The primary issue of controversy in the Grutter v. Bollinger decision involves 1/1 (A) national supremacy (B) judicial review (C) selective incorporation (D) affirmative action

D

The clause of the United States Constitution that was used in the Supreme Court's ruling in Brown v. Board of Education of Topeka (1954) was 1/1 (A) The due process clause (B) The necessary and proper clause (C) The free exercise clause (D) The equal protection clause

D

Which of the following did the most to expand civil rights in the 1950's? 1/1 (A) State legislative decisions desegregating public accommodations (B) State court decisions outlawing poll taxes (C) The passage of voting-rights legislation by Congress (D) Executive orders mandating affirmative action (E) The Supreme Court decision declaring state-mandated school segregation to be unconstitutional

E