AP GOV Unit 3

The "public safety" exception to the Miranda rule can best be defined as which of the following?

It allows the police to perform unwarned interrogation to stand as direct evidence in court if the information will help protect the public

Based on the information in the pie charts, which of the following best summarizes the effect of Title IX?

It created more opportunities for female athletes to participate in sports

Based on the information in the graphic, which of the following strategies would a group seeking to preserve the ruling in Roe v. Wade likely pursue?

Petitioning the Supreme Court to preserve the ruling in Roe v. Wade, arguing that the majority of Americans do not think the Court should overturn the decision

A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights. This scenario is an example of which of the following?

The "public safety" exception

Which of the following amendment protects citizens from cruel and unusual punishments?

The Eighth Amendment

Selective incorporation is best defined as which of the following?

The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a violation of the Sixth Amendment?

A Court refuses to provide a defendant a lawyer even though she cannot afford one

Which of the following is an accurate comparison of the two court cases? ComparisonGideon v. Wainwright (1963)McDonald v. Chicago (2010)

A Incorporated a right to legal counsel Incorporated the right to bear arms for self-defense

Which of the following is an accurate comparison of the two court cases? Roe v. Wade (1973)McDonald v. Chicago (2010)

A Used the Fourteenth Amendment's due process clause to extend the right to privacy to a woman's decision to have an abortion Incorporated the Second Amendment through the Fourteenth Amendment's due process clause

"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison, 20 December 1787 Which of the following statements best summarizes Jefferson's argument?

A bill of rights is necessary to protect civil liberties from infringement from the federal government

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as an establishment clause case?

A courthouse prominently displays the Ten Commandments

Which of the following scenarios would be an example of a violation of one of the civil liberties protected by the Bill of Rights?

A federal court refuses to provide a lawyer for a defendant who cannot afford one

Based on previous rulings, which of the following scenarios would most likely 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

Which of the following scenarios would most likely be considered a violation of the Eighth Amendment?

A minor is sentenced to the death penalty

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A person is tried twice for the same crime

Affirmative action is best defined as which of the following?

A policy benefiting those who tend to suffer from discrimination or are members of a historically disadvantaged group

The free exercise clause is best defined as which of the following?

A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion

Based on previous rulings, the Supreme Court is likely to view which of the following as a free exercise clause case?

A public school prevents Muslim students from wearing headscarves

Which of the following scenarios would most likely be considered a violation of the Second Amendment?

A state bans the sale and purchase of handguns

Which of the following scenarios would most likely be considered a violation of the Fourth Amendment?

A suspect's property is searched before a warrant is issued

Which of the following scenarios would be considered a violation of the equal protection clause of the Fourteenth Amendment?

A university establishes race-based quotas in their admission policy

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration?

Antoni starts yelling for other protestors to light buildings on fire and the police arrest him

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963)Roe v. Wade (1973)

B Decided that the state had to provide legal counsel for the poor or indigent Decided that the right to privacy extended to a woman's right to have an abortion

Which of the following is an accurate comparison of the two court cases? Brown v. Board of Education (1954)Shaw v. Reno (1993)

B Prohibited race-based segregation in schools Prohibited oddly-shaped majority-minority districts

Which of the following is an accurate comparison of the constitutional principles cited in Engel v. Vitale (1962) and Wisconsin v. Yoder (1972)? Engel v. VitaleWisconsin v. Yoder

C School sponsorship of religious activities violates the establishment clause Compelling Amish students to attend school past the eighth grade violates the free exercise clause

"As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers. " Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) Based on the text, which of the following statements would the author most likely agree with?

Colleges and universities should be allowed to use race as a factor in admissions

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963)McDonald v. Chicago (2010)

D Declared that the state had violated the Sixth Amendment Declared that the state had violated the Second Amendment

Which of the following is an accurate comparison of the two court cases? Schenck v. United States (1919)Tinker v. Des Moines (1969)

D Speech creating a "clear and present danger" is not protected by the First Amendment Public school students have the right to wear black armbands to protest the Vietnam War

The exclusionary rule can best be described as which of the following?

Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone

In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)?

Freedom of speech clause

Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?

In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual's right to own a gun

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following statements best explains the impact of this decision?

It applied the Fourth Amendment to the states through the incorporation doctrine

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following statements best explains the impact of this decision?

It applied the Sixth Amendment to the states through the incorporation doctrine

Which statement accurately summarizes the impact of the McDonald v. Chicago (2010) decision?

It incorporated an individual's right to bear arms for self-defense and made it apply to state and local governments

Which of the following statements best explains how the Court's ruling in New York Times Co. v. United States (1971) changed the balance of power between law and order and the protection of individual liberties?

It restricted the power of the federal government to prevent the press from releasing classified information

"The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 Based on the text above, which of the following statements would the author agree with?

Majority-minority districts are unconstitutional when those districts are created based on racial differences

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." -Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015) Based on the text, which of the following statements would the author most likely agree with?

Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses

"The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense." Associate Justice Scalia, majority opinion in D.C. vs Heller (2008), source: Justia In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C. In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?

McDonald v. Chicago

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

Which of the following Supreme Court cases is most relevant to the topic of the cartoon?

McDonald v. Chicago (2010)

"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Supporters of Black's view that "only a free and unrestrained press can effectively expose deception in government" could point to which of the following cases?

New York Times Co. v. United States (1971)

Which of the following actions may Congress take to advance civil rights?

Pass a law requiring that all schools receiving federal funding comply with desegregation efforts

Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?

Reporting on a protest calling for the end of military involvement in South Korea

The data displayed in the table above best supports which of the following statements?

Respondents of all races were less likely to support programs giving special preferences to black candidates than programs aimed to help them more generally

In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. Police officers arrested the Executive Director of the Planned Parenthood League of Connecticut after she disobeyed this law. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights imply that people have a right to privacy. Which of the following cases is also an example of a right-to-privacy case?

Roe v. Wade (1973)

"Race-based action necessary to further a compelling governmental interest does not violate the Equal Protection Clause so long as it is narrowly tailored to further that interest. Context matters when reviewing such action. Not every decision influenced by race is equally objectionable, and strict scrutiny is designed to provide a framework for carefully examining the importance and the sincerity of the government's reasons for using race in a particular context." -Justice Sandra Day O'Connor, writing for the Court in Grutter v. Bollinger (2003) Which of the following statements best summarizes the author's argument?

The Constitution does not always forbid decisions based on race

"As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers." Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) Which of the following statements is most consistent with the author's argument in this passage?

The Constitution only forbids racial classifications when they are designed to harm minorities, not help them

"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated." Associate Justice Ruth Bader Ginsburg, dissenting opinion in Gratz v. Bollinger (2003) Which of the following statements is most consistent with the author's argument in this passage?

The Constitution only forbids racial classifications when they are designed to harm minorities, not help them

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Based on the text, which of the following amendments was the focus of the Court's ruling in Ford v. Wainwright (1986)?

The Eighth Amendment

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this?

The Fourteenth Amendment applies the Second Amendment to the states

In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?

The Fourth Amendment

Which of the following amendments is most relevant to the topic of the cartoon?

The Fourth Amendment

Which of the following amendments protects citizens from unreasonable searches and seizures?

The Fourth Amendment

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden?

The Fourth Amendment in the Bill of Rights

In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. Which of the following amendments was the focus of the Court's ruling?

The Second Amendment

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment does not protect a person's right to have a weapon for self-defense

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

The Supreme Court has been able to prevent state government infringement of basic liberties protected under the Bill of Rights by applying the Fourteenth Amendment

In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled?

The Supreme Court has usually made decisions that uphold the right of an individual to own a gun

In Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that the federal government has the right to regulate public accommodation under the commerce clause. After this decision, the federal government, under the authority of the Civil Rights Act of 1964, forced public places to desegregate. This scenario is an example of which of the following?

The Supreme Court issuing a ruling that protects minority rights

In 1952, four African American students in Topeka, Kansas were denied access to certain public schools because of laws segregating public education by race. Which of the following statements describes how the Supreme Court responded to this situation?

The Supreme Court ruled that the "separate but equal" doctrine violated the equal protection clause of the Fourteenth Amendment

Which of the following best describes the message of the GIF above?

The Supreme Court's recent interpretations of the Second Amendment reflect a commitment to individual liberty

After the terrorist attack on September 11th, the United States issued the USA PATRIOT Act, giving federal agencies the power to conduct surveillance and perform searches. Which of the following best describes the message in the political cartoon?

The USA PATRIOT Act has given the government too much power to perform searches, which should be unconstitutional under the Fourth Amendment

"An unjust law is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote. Who can say that the legislature of Alabama which set up the segregation laws was democratically elected? Throughout the state of Alabama all types of conniving methods are used to prevent Negroes from becoming registered voters, and there are some counties without a single Negro registered to vote, despite the fact that the Negroes constitute a majority of the population. Can any law set up in such a state be considered democratically structured?" Dr. Martin Luther King, "Letter from a Birmingham Jail," 1963 Which of the following governmental policies would the author most likely support as a solution to the problems described in this passage?

The Voting Rights Act of 1965

"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Justice Cardozo argues here that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment. Which clause is used to support Cardozo's argument?

The due process clause

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

The due process clause

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

The due process clause

In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. The Executive Director of the Planned Parenthood League of Connecticut disobeyed this law and was arrested. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights implies that people have a right to privacy. Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)?

The due process clause

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant. This case is an example of which of the following?

The exclusionary rule

Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment?

The federal government passes a law banning the sale of automatic weapons to anyone under the age of twenty-one

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with?

The need for public safety should not exceed an individual's protection from unreasonable search and seizure

"The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with?

The need for public safety should not exceed an individual's protection from unreasonable search and seizure

"National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans." A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015 Based on the text, which of the following statements would Senator Lankford most likely agree with?

The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security

In the public opinion poll described in the table above, two groups of approximately 1500 people were asked if they favored or opposed the following statements: Statement A: To overcome past discrimination, do you favor affirmative action programs to help blacks get better jobs/education? Result: 60% of respondents said they favored these programs. Statement B: To overcome past discrimination, do you favor affirmative action programs which give special preferences to qualified blacks in hiring/education? Result: 46% of respondents said they favored these programs. Which of the following most likely accounts for the different results?

The questions contained a difference in wording

Which of the following civil liberties is protected under the Second Amendment?

The right to own guns

Which of the following is an example of a social movement motivated by the equal protection clause of the Fourteenth Amendment?

The women's rights movement

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Which of the following statements is most consistent with the author's argument in this passage?

There are limits on who can be given a death penalty sentence

"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Supporters of Adams's view that a bill of rights is necessary to protect individual liberties could point to which of the following cases?

Wisconsin v. Yoder (1972)