AP Gov Civil Rights and Liberties

IN HOUSE FORMATIVE

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Identify which statement about Civil Rights and Civil Liberties is correct

1. Civil liberties are individual and constitutional protections from the government 2. Age, gender, and sexual orientation are common groups which might suffer civil rights discrimination

Which statements are correct?

1. McDonald v Chicago incorporated the 2nd amendment and established the right to own firearms for protection, as a fundamental right 2. Griswold v. Connecticut established the concept of zones of privacy

Which of the following decisions is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision?

A decision in favor of students holding signs that protest a new policy

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?

A local school district mandates racially segregated schools. ^ example is about the "equal protection" clause of the Fourteenth Amendment of the US Constitution and was used in the Brown v. Board of Education decision in 1954.

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court?

A person who is unable to afford an attorney is tried and convicted of a crime without legal representation.

To enforce the Fourteenth Amendment more clearly, Congress passed the

Civil Rights Act of 1964

Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior?

Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality.

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 was the likely effect of the Court's ruling in the Bakke case?

Colleges could have considered race but could not use strict racial quotas in admission practices.

Zone of privacy

Created by the combination of protections found in the 4th, 9th, and 14th amendments

Which statement related to a letter from birmingham jail is false

Dr King asserts that the 'KKK is a more dangerous stumbling block towards freedom than white moderates."

Which statement related to document "A letter for a Birmingham Jail" document is FALSE ?

Dr. King asserts the "KKK is a more dangerous stumbling block towards freedom than white-moderates"

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent?

Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press.

A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court's decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court's decision, which of the following lines of reasoning does the court most likely use?

Freedom of the press requires that the government show a significant danger to national security in order to stop publication.

" we restore constitutional principles established to achieve a fair system of justice. Not only these criminals precedents, but also reason and reflection require us to recgonized that in our adversary system of a criminal justice, any person that hauled into court who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided to him"

Gideon v. Wainwright

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.

Which combination of civil liberties and civil rights is most accurate

Liberties: Initially applied only to the federal governments Rights: Categories include age, race, and gender

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty?

McDonald v. Chicago (2010)

Identify which statement is correct

Mcdonald v The city of chicago incorporated the 2nd amendment to the states

Any system of prior restraint comes to this court bearing a heavy presumption against its constitutional validity. " per curium decision

New York Times v. US

Due Process T-Chart

Procedural: Procedural due process rights primarily relate to rights of the accused found int the 4th thru 8th Amendments Substantive: Has been used by SCOTUS to protect rights not enumerated in the US Constitution such as right to privacy

Which is not a civil right

Protected speech/expression

In Gideon v. Wainwright, the United States Supreme Court ruled that the

Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws

Roe v. wade

States were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy

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

The equal protection clause

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?

The heavy presumption against prior restraint

Identify which statement about Civil rights and liberties is incorrect

The most basic civil right portections are outlined in the bill of rights

Students should be able to differentiate between procedural and substantive due process.

The right to legal counsel established in Gideon v. Wainwright associates with substantive due process protections found in the US Bill of Rights

Which of the following is not a civil liberty

The right to not be discriminated against because you are not a female

All of the following statements reflect positions the Supreme Court has taken with regard to the right of free speech EXCEPT:

There are no acceptable governmental restrictions on free speech.

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs?

Tinker v. Des Moines Independent Community School District (1969)

" The school officials banned and sought to punish petitioners for a silent, passive of expression of opinion, unaccompanied by any disorder or disturbance on the part of petitions. There is no evidence whatever off the petitioners interference, with the schools work of collision with the rights of other students."

Tinker v. des Moines

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

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state

Which is not a civil liberty

Your right to be free from discrimination related to your age

The Nineteenth Amendment to the Constitution, the Equal Rights Amendment, and Title IX of the Education Amendments of 1972 were all directed toward the goal of

equality for women

McDonald v. Chcago

incorporated the right to bare arms to the states

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could

limit free speech

"Self defense is a basic right... thus the court concluded in Heller that citizens must be permitted to use handguns."

mcdonald v. chicago

Brown v. Board

reversed plessy

The amish were provided free excercise protections in wisconsin v yoder

shoutout amish

With respect to prayer in public schools, the United States Supreme Court has ruled that

state-sponsored prayer violates the establishment clause of the First Amendment

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

through litigation in the courts to gain legal protections against discrimination

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 and other minority voters

According to the clear and present danger test, speech may be restricted

when it incites violent action

Highly significant statements related to the outcome of New York times. V Us

1. Scotus upheld the freedom of press by failing to grant Nixon the power of prior restraint 2. This case represented a rare departure from the courts general tendency to limiting speech during wartime in the name of national security

Identify which statement is correct

1. The 9th amendment protects rights not enumerated in the US constitution 2. Schneck v. Us established clear and present danger test related to when speech can be limited

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment?

A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change. ^ The law applies to all outdoor concerts, so the city is not singling out this particular event. This is an example of a time, place, and manner restriction because even though free speech protects the message of the concert, the manner by which they are promoting their message is in conflict with local laws.

Which of the following would most likely be protected by the First Amendment?

A student wears a black armband at school to protest government involvement in a war.

Wisconsin v. yoder

Allowed the free excercise of removing amish students from wisconsin state schools

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions?

Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour. The actions of antibusiness protestors interfering with traffic during rush hour would not be protected by the First Amendment due to restrictions on the time, place, and manner in which people can exercise their constitutional rights to free speech.

Which statement related to due process rights is correct

Due process rights directly related to 4th thru 8th amendments

We think that, by using its public school system to encourage recitation of the Regents' prayer, the State of New York has adopted a practice wholly inconsistent with the Establishment Clause.

Engle v. Vitale

Which of the following is an accurate comparison of the establishment clause and the free exercise clause?

Establishment: Prohibits the federal government from promoting religion or creating a national religion Free Exercise: Protects an individual's religious beliefs and reasonable religious practices

Engel v. Vitale

Forbid the use of prayer at the start of a school day

Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state?

Gideon v. Wainwright (1963)

Which statement is incorrect?

Government intrusion upon speech is a potential category often associated with civil right discrimination

The establishment clause in the First Amendment does which of the following?

Prohibits the setting up of a state church.

Which of the following is not a protection found in the 1st amendment

Protects trial by jury

Which statement is incorrect

Right to privacy protections are associated with civil rights

"State criminal abortion laws, like those involved here violate the due process clause of the 14th amendment, which protections against action the right of privacy, including a woman qualified right to terminate her pregnancy."

Roe. V. Wade

SCOTUS OPINION SECTION

SCOTUS OPINION SECTION

Which statement is incorrect

Schneck v. US was the first case that Incorporated the Bill of Rights to the US

"We admit that in many cases and in ordinary times when we are not at war the defendants speech would have been within their constitutional rights, the question in every case is whether the words used are used in such circumstances are are of such a nature as to create a clear and present danger that yet will bring about the substantive evils that congress has a right to prevent "

Schneck v. Us

Planned Parenthood v. Casey

Scotus established the undue burden test (the undue burden test is the legal standard that courts use to determine whether an abortion restriction violates the Constitution)

In the case of McDonald v. Chicago (2010) the Supreme Court ruled that the Second Amendment right to keep and bear arms for self-defense was applicable to the states. This ruling is an example of the application of the doctrine of

Selective incorporation ^ Selective incorporation = Incorporate Doctrine

Which statement is incorrect

Symbolic speech is strictly prohibited within educational settings

After hours of interrogation by police a suspect confesses to multiple felony offenses. His attorney objected to the admission of the confession because he was not advised of his right to have an attorney present nor his protection from self-incrimination. Which amendments are most relevant to this scenario?

The Fifth and Sixth Amendments ^ The Fifth Amendment protects the accused from self-incrimination and the Sixth Amendment guarantees the right to counsel both of which are referenced in the scenario.

In Brown v. Board of Education of Topeka (1954), the Supreme Court ruling limited state action in segregating public school students based on their race, stating "separate educational facilities are inherently unequal." The Court pointed to which of the following amendments to the United States Constitution to achieve this ruling?

The Fourteenth Amendment

The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following?

The Fourteenth Amendment's guarantee of equal protection

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ?

The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment. * selective incorporation

In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through which of the following constitutional clauses?

The due process clause of the Fourteenth Amendment ^The due process clause of the Fourteenth Amendment is the provision allowing the Supreme Court to incorporate provisions of the Bill of Rights to the states.

In Brown v. Board of Education of Topeka (1954), the Supreme Court stated that the plaintiffs "seek the aid of the courts in obtaining admission to the public schools of their community on a non-segregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race." The Supreme Court ruled "separate educational facilities are inherently unequal." Which of the following provisions of the United States Constitution did the Supreme Court use to strike down racial segregation in state public schools?

The equal protection clause of the Fourteenth Amendment

A public school district implemented a policy that instructed students to recite a common, district approved meditation at the beginning of the school day. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate?

The establishment clause

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial?

The exclusionary rule ^ The exclusionary rule prevents improperly obtained evidence from being submitted in court.

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?

The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.

An investigative reporter uncovers illegal and unethical behavior on the part of a state government official. When the local newspaper announces that it will publish the story, the state government issues an injunction to stop the story from being released before being reviewed by government lawyers. Which of the following best represents how the court will most likely respond to the case?

The newspapers will be permitted to publish the story without a review by the government's lawyers.

Whihc of the following is the mosyt accurate summary of selective incorporation?

The supreme court has ruled certain civil liberty rights in the bill of rights are applicable to the states through the 14th amendments due process clause

The wall of separation relates tro the establishment clause.

Thomas Jefferson referred to the First Amendment as creating a "wall of separation" between church and state as the third president of the U.S

At a public high school, several students raised a banner and wore clothing in support of a candidate running in the upcoming presidential election during lunch period. The principal asked the students to put away the banner, citing safety concerns. Which of the following Supreme Court cases is most relevant to this scenario?

Tinker v. Des Moines Independent Community School District (1969)

"In short, high school attendance with teachers who are not of the amish faith - and may even be hostile to it - interposes a serious barrier to the integration of the amish child into the amish religious community."

Wisconsin v. Yoder

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?

Wisconsin v. Yoder (1972)

Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens?

Wisconsin v. Yoder (1972)