AP Gov Chapter 3
Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions and property against arbitrary government interference. Which of the following would be an example of arbitrary governmental interference? - A court approval of a legal search warrant - Governments limiting the use of obscenity in TV broadcasts - Meat inspection laws - A law establishing a religious test to participation in elections
A law establishing a religious test to participation in elections
The first Congress added a Bill of Rights to the original Constitution. The Bill of Rights was added to increase support among the states and the people for the new Constitution. What fundamental worry did the Bill of Rights address? - A national government that could not tax - A national government that was too strong - A central government that was too weak - State governments with not enough power
A national government that was too strong
Which of the following has been described as a "civil rights policy premised on the concept of group rather than individual rights, which seeks equality of results rather than equality of opportunity"? - Affirmative action - Eminent domain - Plea bargain - Devolution
Affirmative action
The Bill of Rights from the beginning only protected our civil liberties from being infringed by the national government. This Supreme Court decision made clear that the rights contained in the first ten amendments did not apply to the states. - Barron v. Baltimore (1833) - Marbury v. Madison (1803) - Gibbons v. Ogden (1824) - McCulloch v. Maryland (1819)
Barron v. Baltimore (1833)
Alexander Hamilton wrote in Federalist 51: "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions." Which of the following statements best summarizes Hamilton's argument? - The object of government is to create angels - People depend on the government but the government does not depend on the people - Both the citizens and the government need to be checked and limited - Government's primary job is to check its citizens in order to secure order
Both the citizens and the government need to be checked and limited
Civil rights has been extended in a number of Supreme Court landmark cases. In which case would youread the following opinion: "Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system... We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment." - Dred Scott v. Sandford (1857) - Plessy v. Ferguson (1896) - Gibbons v. Ogden (1824) - Brown v. Board of Education (1954)
Brown v. Board of Education (1954)
In a unanimous Court opinion, Chief Justice Warren wrote: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does... Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the [black] group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of [black] children and to deprive them of some of the benefits they would receive in a racially integrated school system... What was the name of this case? - Plessy v. Ferguson (1896) - Barron v. Baltimore (1833) - Brown v. Board of Education (1954) - Gibbons v. Ogden (1824)
Brown v. Board of Education (1954)
The "separate but equal" precedent was overturned in this landmark civil rights case: - Barron v. Baltimore (1833) - Brown v. Board of Education (1954) - Gibbons v. Ogden (1824) - Plessy v. Ferguson (1896)
Brown v. Board of Education (1954)
Our form of democratic-republicanism upholds majority rules while putting in place protections for minority rights. When rights are extended to providing equal treatment for minority groups as a whole it is often referred to as: - Civil rights - Collective bargaining - Social contracts - Civil societies
Civil rights
Before being selectively incorporated, the Second Amendment: - Did not apply to citizens - Could not adequately arm militias - Could not prevent states from passing restrictive gun control laws - Did not prevent Congress from passing restrictive gun control laws
Could not prevent states from passing restrictive gun control laws
__________ segregation is segregation by law and _____________ segregation is segregation by private choice. - De bistro; de facto - De facto; de jure - De jure; de facto - De jure; de bistro
De jure; de facto
Writing in opposition of the majority in Plessy v. Ferguson (1896), Justice Harlan wrote: In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved.... What founding document best matches the sentiments of Justice Harlan? - Declaration of Independence - Mayflower Compact - Federalist Papers - Constitution
Declaration of Independence
"Pleading the Fifth" has become almost cliché. Which of the following best exemplifies this practice? - Officer Sanchez must first obtain a legal warrant to enter Tom's house. - Tom was provided an attorney even though he could not afford one. - Tom's execution was granted a stay due to his persuasive arguments. - Despite pressure from the police, Tom remained silent during questioning.
Despite pressure from the police, Tom remained silent during questioning.
The arc of civil rights in American history is an inconsistent story. This can best be explained by all of thefollowing reasons EXCEPT: - Court precedents have been uneven and shifting - Constitutional protections are vague and imprecise - Discriminatory practices, found primarily in rural America, usually unnoticed - Institutionalized racism and discrimination is deeply rooted in American culture
Discriminatory practices, found primarily in rural America, usually unnoticed
Today virtually all of our civil liberties as guaranteed in the Bill of Rights have been applied to the States.What legal principle has the Supreme Court used to apply the Bill of Rights to the States? - Equal protection - Due process - Exclusionary rule - Eminent domain
Due process
When more and more state legislatures limit capital punishment despite the existence of capital punishment at the federal level, what principle of our government is best exemplified? - Separation of powers - The right to privacy - Federalism - Checks and balances
Federalism
In the Bill of Rights you would find the following language: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. These words would be found in:
First amendment
Though affirmative action programs have been around since the late 1960s, the Supreme Court in recent years has shown a willingness to step back from programs that move beyond forbidding racial classifications. "Strict scrutiny" tests, according to this case, are now essential when applying race sensitive admission policies. - Milkin v. Bradley (1974) - Obergefell v. Hodges (2015) - Fisher v. Texas (2013) - Johnson v. Santa Clara (1987)
Fisher v. Texas (2013)
Where in the U.S. Constitution would you find: "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." - Eighteenth Amendment - Twenty-Second Amendment - Fourteenth Amendment - Sixteenth Amendment
Fourteenth Amendment
Two clauses of the First Amendment deal with our religious liberty. They are: - Separation and establishment - Free exercise and establishment - Prohibition and establishment - Free exercise and separation
Free exercise and establishment
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases used the incorporation doctrine to extend the right to an attorney in State cases? - Gideon v. Wainwright (1963) - Griswold v. Connecticut (1965) - Miranda v. Arizona (1966) - Mapp v. Ohio (1961)
Gideon v. Wainwright (1963)
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases defined privacy as a fundamental legal protection found implicitly in the Bill of Rights? - Mapp v. Ohio (1961) - Gideon v. Wainwright (1963) - Miranda v. Arizona (1966) - Griswold v. Connecticut (1965)
Griswold v. Connecticut (1965)
The Brown decision in 1954 was followed up by another Brown decision in 1955. What was the intended purpose of Brown II? - Schools in direct defiance of the court decision would be subject to financial sanctions. - State legislatures must vote to overturn all school desegregation plans. - Implementation of desegregation must be realized "with all deliberate speed." - Segregation in religious places would no longer be accepted.
Implementation of desegregation must be realized "with all deliberate speed."
Following the Civil War, ________________laws institutionalized racism and discrimination in the South. - Ex Post Facto - Blue - Sunset - Jim Crow
Jim Crow
The primary goal of the Bill of Rights when it was ratified was to: - Limit the power of the central government - Divide power between federal and state governments - Limit the power of the state governments - Increase the power of the central government
Limit the power of the central government
What resulted from "selective incorporation"? - Little by little the new constitution was ratified - Little by little the Articles of Confederation were changed - Little by little the presidency grew in power - Little by little the Bill of Rights were applied to the states
Little by little the Bill of Rights were applied to the states
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean - including what the clauses in the Bill of Rights mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases incorporated the exclusionary rule? - Mapp v. Ohio (1961) - Gideon v. Wainwright (1963) - Griswold v. Connecticut (1965) - Miranda v. Arizona (1966)
Mapp v. Ohio (1961)
Which of the following Court cases extended Fourth Amendment privileges to all citizens in all states? - Marbury v. Madison (1803) - Roe v. Wade (1973) - Baker v. Carr (1961) - Mapp v. Ohio (1961)
Mapp v. Ohio (1961)
Where in the U.S. Constitution would you find "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"? - First Amendment - Second Amendment - Fifth Amendment - Fourth Amendment
Second Amendment
The extension of the Bill of Rights to the States is called: - Full faith and credit - Privileges and immunities - Judicial review - Selective incorporation
Selective incorporation
The Selective Incorporation Doctrine shifted responsibility to the national government in a dramatic way.This has resulted in all of the following EXCEPT: - The national government has become stronger - State criminal codes were replaced by federal criminal codes - Individual rights and liberties have been more thoroughly protected - The Bill of Rights is now applicable in each individual state
State criminal codes were replaced by federal criminal code
All of the following types of protections can be found in the Bill of Rights EXCEPT: - Suffrage or voting rights - Political rights - Privacy rights - Religious rights
Suffrage or voting rights
The Court has upheld "time, place and manner" (TPM) restrictions on our First Amendment freedoms. All of these conditions must be present if speech and expression is to be limited EXCEPT: - Content neutral - Supported by a clear majority of the voters - Serve a significant government interest - Leave open ample alternative channels for communication
Supported by a clear majority of the voters
Which of the following acts of the U.S. Congress outlawed discrimination, segregation and prejudice in public accommodations and places of commerce based upon race? - Brown v. Board of Education (1954) - The Civil Rights Act of 1964 - Baker v. Carr (1962) - The Voting Rights Act of 1965
The Civil Rights Act of 1964
In the Bill of Rights you would find the following language: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. These words would be found in: - The Fourth Amendment - The Fifth Amendment - The Tenth Amendment - The Eighth Amendment
The Eighth Amendment
The Supreme Court found in Roper v. Simmons (2005) that it would be unconstitutional to execute someone who committed a capital offense under the age of eighteen. Upon which amendment did the Court primarily base its ruling? - The Eighth Amendment - The Fourth Amendment - The Sixth Amendment - The First Amendment
The Eighth Amendment
All of the following amendments provide constitutional protection to the rights of the accused EXCEPT: - The Fourth Amendment - The Eighth Amendment - The Sixth Amendment - The First Amendment
The First Amendment
In the Bill of Rights you would find the following language: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. These words would be found in: - The Tenth Amendment - The Fourth Amendment - The Eighth Amendment - The Fifth Amendment
The Fourth Amendment
Women as well saw their liberties improved during the civil rights movement thanks in part to a numberof outspoken leaders. Betty Friedan and others founded the advocacy group: - The American Federation of Labor (AFL) - The U.S. Chamber of Commerce - The National Organization of Women (NOW) - Americans for Democratic Action (ADA)
The National Organization of Women (NOW)
Privacy rights would appear to be one of our basic freedoms. In our lifetime, our privacy rights have been compromised due to fear of further terrorist attacks. Congress has formally compromised our individual privacy rights through the passage of: - The Dodd-Frank Act - The Inspector General Empowerment Act - The Federal Property Management Reform Act - The Patriot and USA Freedom Acts
The Patriot and USA Freedom Acts
In the Bill of Rights you would find the following language: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. These words would be found in: - The First Amendment - The Second Amendment - The Fourth Amendment - The Sixth Amendment
The Second Amendment
The U.S. Supreme Court in District of Columbia v. Heller (2008) argued: Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct. What was the pragmatic effect of this court precedent? - The Second Amendment extends the right to own handguns to individuals - The Second Amendment still allows near total prohibition against private gun ownership - The Second Amendment does not endorse violence but it does mandate a strong standing army - The Second Amendment empowers state militias only
The Second Amendment extends the right to own handguns to individuals
Gideon v. Wainwright (1963) made certain the right to an attorney. The government must provide legal counsel not only in federal cases but also in state cases. This landmark case was rooted in: - The Sixth Amendment - The Tenth Amendment - The Fifth Amendment - The Fourth Amendment
The Sixth Amendment
In the Bill of Rights you would find the following language: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. These words would be found in: - The Sixth Amendment - The Second Amendment - The Fourth Amendment - The First Amendment
The Sixth Amendment
Which amendment to the U.S. Constitution includes the following language: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense." - The Sixth Amendment - The First Amendment - The Fifth Amendment - The Fourth Amendment
The Sixth Amendment
In the Bill of Rights you would find the following language: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. These words would be found in: - The Eighth Amendment - The Fourth Amendment - The Tenth Amendment - The Fifth Amendment
The Tenth Amendment
Rules to suppress black political participation through literacy tests were outlawed in this historical piece of legislation. - The Motor Voter Bill (1993) - The Voting Rights Act of 1965 - The European Recovery Program (1948) - Civil Rights Act of 1964
The Voting Rights Act of 1965
In the case Riley v. California (2014) the Supreme Court argued: "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life'. The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought." What legal doctrine most directly applies to this scenario? - The castle doctrine - Qualified immunity doctrine - The doctrine of original intent - Separation of powers doctrine
The castle doctrine
Former chief justice of the Supreme Court Charles Evans Hughes once said, "We are under Constitution, but the Constitution is what the judges say it is." Which of the following best exemplifies what Chief Justice Hughes meant? - State level policy experimentation as a result of Federalism - The concept of judicial review found in Marbury v. Madison - Presidential action to raise tariffs - The passage of the Voting Rights Act of 1965
The concept of judicial review found in Marbury v. Madison
The police entered Tom's apartment without a legal warrant based upon an informant's tip that illegal drugs were present. Drugs were found. At trial the judge agreed with Tom's attorney who claimed the evidence was inadmissible (or not allowed to be used). What legal principle did the judge base her opinion on? - Eminent domain - The exclusionary rule - Ex post facto laws - The establishment clause
The exclusionary rule
African-Americans were not the only marginalized groups to win political victories in the wake of the civil rights movement. Title IX of the Education Amendments in 1972 prohibited any form of discrimination on the basis of: - ethnicity in educational activities - gender in educational activities - age in educational activities - religion in educational activities
gender in educational activities
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases extended our fundamental liberties by equating free speech with symbolic speech? - New York Times v. U.S. (1971) - Tinker v. Des Moines (1969) - Schenck v. U.S. (1919) - Everson v. Board of Education (1947)
Tinker v. Des Moines (1969)
Home is our safest refuge. The "castle doctrine" has been applied to all of the following EXCEPT: - Dwelling place - Work computers - Car - Cell phones
Work computers
In addition to advancing personal liberties, the Fourteenth Amendment has often been used to support social movements as well. If personal liberties were advanced by "due process," social movements were advanced by: - "Eminent domain" - "Equal protection" - "Estoppel" protections - "Habeas corpus"
"Equal protection"
Martin Luther King, Jr.'s essay Letter from a Birmingham Jail (1993) inspired many to fight for greater equality. King's personal message in this essay can be distilled down to: - "Racism is still with us." - "I am for violence if non-violence means we continue postponing a solution." - "We hold these truths to be self evident that all men are equal." - "Injustice anywhere is a threat to justice everywhere."
"Injustice anywhere is a threat to justice everywhere."
There has always been tension over what constitutes our individual liberties. Our freedoms have never been absolute. Courts have recognized limits. For example, the Court case Roth v. United States (1957) protected free speech but not: - Symbolic speech - Obscenity - Overt criticism of the president - Sexist speech
Obscenity
The "separate but equal" precedent was established in this landmark civil rights case: - Gibbons v. Ogden (1824) - Brown v. Board of Education (1954) - Plessy v. Ferguson (1896) - Barron v. Baltimore (1833)
Plessy v. Ferguson (1896)
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases extended privacy rights to include a woman's right to choose an abortion? - Roe v. Wade (1973) - Griswold v. Connecticut (1965) - Gideon v. Wainwright (1963) - Mapp v. Ohio (1961)
Roe v. Wade (1973)
The Bill of Rights were added to our U.S. Constitution primarily to: - Protect individual liberties and rights - Expose the Anti-Federalists as frauds - Ensure the federal government would be strong enough - Demonstrate the flexibility of the U.S. Constitution
Protect individual liberties and rights
The Bill of Rights contains many diverse protections. In addition to political rights like speech and press, they also protect us from oppressive police powers. All of the following is protected in the Bill of Rights EXCEPT: - Protected from being filmed by police - Free from cruel and unusual punishments - Right to an attorney in a criminal case - Secure against unreasonable searches and seizures
Protected from being filmed by police
All of the following would be true of the First Amendment's free speech clause EXCEPT that it: - Protects libel and slander - Also protects symbolic speech - Is our most sacred right - Gets preferential treatment by our courts
Protects libel and slander
Ultimately the U.S. Supreme Court is empowered to interpret what our laws and privileges mean. A number of landmark court cases have defined the meaning of our rights. Which of the following landmark court cases extended the Second Amendment's right "to bear arms" to the states using the due process clause of the Fourteenth Amendment? - District of Columbia v. Heller (2008) - Mapp v. Ohio (1961) - McDonald v. Chicago (2010) - Gideon v. Wainwright (1963)
McDonald v. Chicago (2010)
In what case did the Supreme Court hold that any suspect put in custody by authorities must first be informed of their rights? - Riley v. California (2014) - Miranda v. Arizona (1966) - Mapp v. Ohio (1961) - Roe v. Wade (1973)
Miranda v. Arizona (1966)
The Bill of Rights is continually being interpreted to balance the power of government and the civil liberties of individuals. All of the following define what our rights mean EXCEPT: - Presidential orders - Legislative action - National referendums - Supreme Court decisions
National referendums
Though this case permitted the controversial Pentagon Papers to be printed, the Court recognized that our freedom of the press could be limited by national security. - Tinker v. Des Moines (1969) - Everson v. Board of Education (1947) - New York Times v. U.S. (1971) - Gibbons v. Ogden (1824)
New York Times v. U.S. (1971)
Civil rights protections have proven to be a dynamic force throughout American history. At times, they have been restrictive and at other times more permissive. Bowers v. Hardwick (1986) upheld state laws that prohibited same sex activities. More recently, state laws banning same sex marriage were overturned in this case. - Johnson v. Santa Clara (1987) - Fisher v. Texas (2013) - Gratz v. Bollinger (2003) - Obergefell v. Hodges (2015)
Obergefell v. Hodges (2015)
African-Americans found their quest for civil rights both daunting and frustrating. Jim Crow laws in the South relegated them to second-class citizens. In which political arena did African-Americans find their earliest civil rights successes? - State and local governments - The federal executive branch - The federal judicial branch - The federal legislative branch
The federal judicial branch
The First Amendment also protects our religious freedom. Not only are we free to exercise the religion of our choice but also the government cannot establish any one religion over the other. The Lemon Test prescribes the rules regarding any apparent cooperation between church and state. All of the following make up the Lemon Test EXCEPT: - The government's action cannot involve federal funding - The government's action must not result in an excessive entanglement with religion - The government's action must have a secular purpose - The government's action must not have the primary effect of advancing or inhibiting religion
The government's action cannot involve federal funding
Some have called the passage of the Fourteenth Amendment as equivalent to having a second constitutional convention. Why? - Many of the earlier amendments were rendered null and void - The commerce clause was elevated in its authority over state and local governments - The legislative branch forfeited its "law making" power to the Supreme Court - The national government assumed more authority over state and local governments
The national government assumed more authority over state and local governments