U.S. Government and Politics A.P. Common Formative Assessment #3 Review
The term, civil liberties,
are constitutionally protected from infringement by government.
I and III
"Just as the Fourth Ammendment's right to privacy has been declared enforceable against the states through the Due Process Clause of the Fourteenth, it is enforceable by the same sanction ... as is used against the federal goverment. Were it otherwise, ... the assurance against unreasonable searches and seizures would be 'a form of words,' valueless ... 'in the concept of ordere liberty." Justice Tom Clark, Mapp v. Ohio (1961) Which two principles are addressed in the excerpt above? I. The incorporation doctrine II. The concept of eminent domain III. The exclusionary rule IV. The "wall separation" doctrine
Girls must be given equal opportunity as boys to participate in activities that boys participate in.
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." --Title IX of the 1972 Civil Rights Act Which of the following was a consequence of this legislation?
Fourteenth Amendment
"Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent up resentments and latent frustrations, and he must release them. So, let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides—and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history." --Letter from Birmingham Jail (1963) by Martin Luther King Jr. Which of the following constitutional amendments address King's concern that there should be racial justice?
If peaceful, nonviolent demonstrations do not work, violent actions will be an option.
"Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent up resentments and latent frustrations, and he must release them. So, let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides—and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history." --Letter from Birmingham Jail (1963) by Martin Luther King Jr. Which of the following parts of the letter best summarizes King's position?
Nonviolent demonstrations should still be used to bring to light racial injustice.
"Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent up resentments and latent frustrations, and he must release them. So, let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides—and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history." --Letter from Birmingham Jail (1963) by Martin Luther King Jr. Which of the following statements would King most likely agree with if he were alive today?
Plessy v. Ferguson (1896)
"This case turns upon the constitutionality of an act of the state of Louisiana, providing for separate railway carriages for the white and colored races. The statute enacts 'that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train. We think the enforced separation of the races neither abridges the privileges of the colored man, deprives him of his property without due process of law, within the meaning of the fourteenth amendment. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced commingling of the two races. We cannot accept this proposition. Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane." - Justice Brown, majority opinion "Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. The thing to accomplish was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. But in view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case." -Justice Harlan, dissenting opinion Based on the passages the excerpts could most closely be applied to which of the following Supreme Court decisions?
The separation of students in America's public schools on the basis of race should be considered unconstitutional.
"This case turns upon the constitutionality of an act of the state of Louisiana, providing for separate railway carriages for the white and colored races. The statute enacts 'that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train. We think the enforced separation of the races neither abridges the privileges of the colored man, deprives him of his property without due process of law, within the meaning of the fourteenth amendment. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced commingling of the two races. We cannot accept this proposition. Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane." - Justice Brown, majority opinion "Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. The thing to accomplish was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. But in view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case." -Justice Harlan, dissenting opinion Based on the text, which of the following statements would Justice Harlan most likely agree with?
Equal Protections Clause
"This case turns upon the constitutionality of an act of the state of Louisiana, providing for separate railway carriages for the white and colored races. The statute enacts 'that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train. We think the enforced separation of the races neither abridges the privileges of the colored man, deprives him of his property without due process of law, within the meaning of the fourteenth amendment. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. The argument also assumes that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the Negro except by an enforced commingling of the two races. We cannot accept this proposition. Legislation is powerless to eradicate racial instincts, or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If one race be inferior to the other socially, the constitution of the United States cannot put them upon the same plane." - Justice Brown, majority opinion "Everyone knows that the statute in question had its origin in the purpose, not so much to exclude white persons from railroad cars occupied by blacks, as to exclude colored people from coaches occupied by or assigned to white persons. The thing to accomplish was, under the guise of giving equal accommodation for whites and blacks, to compel the latter to keep to themselves while traveling in railroad passenger coaches. But in view of the constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott Case." -Justice Harlan, dissenting opinion Which of the following constitutional provisions is most closely associated with this ruling?
Gideon v. Wainwright, 1963
A drifter from Missouri was charged in Florida with breaking into a pool hall and stealing a small amount of cash and beverages. Denied a court-appointed attorney during his trial, he was convicted of felony burglary and sentenced to five years in prison. He wrote his own appeal to the Florida Supreme Court and later the U.S. Supreme Court, arguing that the trial court's refusal to appoint legal counsel for him denied him rights "guaranteed by the Constitution and the Bill of Rights." The Court agreed with the prisoner's attorney's statement that "the right to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours." He was granted a new trial with a lawyer appointed for him, was found not guilty, and set free. Since that time, all states' justice systems have provided attorneys for poor defendants.
a person's right to know the reasons for his or her imprisonment
A writ of habeas corpus refers to
A public school system uses race-based segregation.
Based on previous court rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment?
First Amendment
Both Gitlow v. New York and New York v. Sullivan are United States Supreme Court cases that dealt with which of the following amendments to the United States Constitution?
Held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment.
Brown v. Board of Education of Topeka (1954) was a significant Supreme Court ruling because it
accurate comparison of the two court cases
Concluded that "separate but equal" schools are impossibe...............Assured a pregnant woman's right to have an abortion in the first trimester
the Brown decision (de jure) and affirmative action (de facto)
De jure and de facto discrimination are two ways in which some Americans are less equal than others. Which of the following is an example of public policies designed to address each of these forms of discrimination?
strike down the policy because reserving seats amounts to a quota system
If a college's admission policy to reserve twenty seats in its incoming class for applicants belonging to racial minority groups is challenged in the courts, a judge is likely to
the United States Constitution implies a right to privacy and thus made abortions legal
In Roe v. Wade, the majority of Supreme Court justices determined that
One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies the free exercise of religion
In what ways do the decisions in Engel v. Vitale and Wisconsin v. Yoder differ?
The equal protection clause of the Fourteenth Amendment
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 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, from the passage above?
Gays and lesbians are equal to other people under the law.
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 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 statements would supporters of Kennedy's position above be most likely to agree?
Same-sex couples are unfairly harmed by states' denial of their legal marriage.
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 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 statement best summarizes Justice Kennedy's opinion?
Exclusionary rule
Principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur.
Engel v. Vitale, 1962
Public schools cannot require students to recite prayers. In New York, the state Board of Regents had prepared a "non-denominational" prayer for use in the public schools, trying to avoid anything that might offend one particular religious group or another. But in one school district a group of parents challenged the prayer as "contrary to the beliefs, religions, or religious practices of both themselves and their children." The state's highest court upheld the use of the prayer, on the grounds that state law did not force any student to join in the prayer over a parent's objections. The parents appealed. The Supreme Court of the United States ruled against state-sponsored prayers, stating that the Establishment Clause of the First Amendment rests upon the belief that "a union of government and religion tends to destroy government and degrade religion."
The right to legal representation.
The Bill of Rights guarantees which of the following rights to a person arrested and charged with a crime?
Fifth and Sixth Amendments
The Miranda rule stems from rights protected by which of the following amendments?
Gregg v. Georgia
The Supreme Court case that allowed the resumption of the death penalty was
Plessy v. Ferguson, 1896
The doctrine of "separate but equal" referred to above had previously been upheld by which of the following Supreme Court decisions?
individual; group
The focus of civil liberties is the ________, and the focus of civil rights is the ________.
prevent Black people from exercising their right to vote
The question below and the literacy test from which it came were most likely to... "The Constitution limits the size of the District of Columbia to ______." --State of Alabama literacy test, 1936
Korematsu v. U.S., 1944
This case centered around an American citizen of Japanese ancestry who was arrested and convicted for not reporting to a re-location center for Americans of Japanese ancestry during World War II. He and his attorney argued that his civil rights had been violated, that the re-location program was not based on a reasonable fear of sabotage and/or espionage during wartime - that it was based on discrimination against a particular racial group, and thus was unconstitutional. The Court's ruling sustained the legality of the order to re-locate this large groups of people (including the defendant), stating that the government's actions were "an exercise of the power of the government to take steps necessary to prevent espionage and sabotage in an area threatened by Japanese attack..."
New York Times Co v. United States
Those who disagree with the views in the majority opinion in Schenck v. United States would likely celebrate the shaping of the Constitution in which free-speech ruling?
As long as they have probable cause of criminal activity
Under what circumstance can police conduct searches?
The Fifth Amendment protects citizens against the federal government, while the Fourteenth Amendment protects citizens against the states.
What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?
The offending party acted maliciously.
What must a suing party prove to win a libel lawsuit?
As long as speech does not present a clear and present danger, it is allowed.
What was the effect of the opinion in Schenck v. United States?
First Amendment free speech and free press rights
Which of the constitutional provisions is at issue in Schenck v. United States?
One outlawed discrimination in hiring and the other increased African American voter registration and participation.
Which of the following comparisons of the 1964 Civil Rights Act and the 1965 Voting Rights Act are accurate?
Some rights are fundamental and should not be subject to majoritarian control.
Which of the following is a principle underlying the Bill of Rights?
The Supreme Court has required states to apply certain rights in the Bill of Rights through the Fourteenth Amendments due process clause.
Which of the following is the most complete summary of the selective incorporation doctrine?
Different courts in different times have found different balances.
Which of the following statements best describes how the balances of liberties and safety has been interpreted over time?
Such segregation affected interstate commerce, and congress therefore had the authority to outlaw it.
Which of the following was an argument used by the Supreme Court in upholding federal statues outlawing segregation in public accommodations?
The Court has interpreted the execution of minors and the mentally handicapped as unconstitutional.
Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty?
The Fourteenth Amendment's due process clauses makes most rights contained in the Bill of Rights applicable to the states.
Which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?
Policies have changed over time as people debate the balance between security needs and individual liberties.
Which statement is accurate regarding the law and government surveillance of persons in the United States?
This is unsound policy because of the decision in Wisconsin v. Yoder.
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?
