AP Gov Unit 3 Test

Which of the following rulings is an example of selective incorporation?

A city may not ban law-abiding individuals from owning firearms

Which of the following applications of affirmative action would the United States Supreme Court likely consider unconstitutional?

A state university refuses acceptance of any new applicants from a specific race.

"...If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers. Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people's support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems. We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal. ...When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength...." César Chávez, "He Showed Us the Way," 1978. Which of the following is a similarity between the views expressed in the excerpt above and Dr. Martin Luther King, Jr.'s "Letter from Birmingham Jail"?

Both César Chávez and Dr. Martin Luther King Jr. argued for the continued use of nonviolence to further their causes.

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.

In the SCOTUS case Wisconsin vs Yoder the court ruled:

Compulsory school violates the free exercise clause in this case.

Which of the following best describes the viewpoint expressed in the cartoon?

Data collection by the NSA infringes on civil liberties.

Which of the following principles protects a citizen from imprisonment without trial?

Due process

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973)?

Due process clause

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. The Negro baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy which is 7 years shorter, and the prospects of earning only half as much. This is not a sectional issue. Difficulties over segregation and discrimination exist in every city, in every State of the Union, producing in many cities a rising tide of discontent that threatens the public safety. Nor is this a partisan issue. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics. President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 The issues identified in the passage reflect a failure to uphold which of the following constitutional principles?

Equal protection

Defaming a person in writing is slander and in speech is libel and does not have the same protections for free speech as political expression.

False

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.

"Just as the Fourth Amendment'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 government. Were it otherwise, . . . the assurance against unreasonable searches and seizures would be 'a form of words,' valueless . . . 'in the concept of ordered 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 of separation" doctrine

I and III

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973)?

It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states.

Which of the following is/are true about affirmative action?

It seeks to address consequences of previous discrimination.

A few days before a Martin Luther King Day parade, the city of Arlington denied a parade permit because the city said it lacked sufficient funding to support the parade. The NAACP had planned to protest the parade, because it was opposed to the policies of Governor Greg Abbott, who was supposed to be the parade's honorary grand marshal. Which of the following best describes a constitutional argument that parade organizers might make to appeal to the city's decision?

It's up to the city to pay for the march because it would take place on the public roadways.

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)

Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of 1972?

Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women.

The card shown above was issued as a consequence of which of the following Supreme Court decisions?

Miranda v. Arizona

Which of the following statements best describes the information in the map?

Most states in the South and West allow capital punishment.

In the SCOTUS case New York Times vs United States:

None of these

What does title IX do?

Prohibits schools from denying education programs and activities like sports based on gender.

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 an accurate comparison of rights protected and not protected by the First Amendment?

Protected by the First Amendment: The right to burn a flag. Not Protected by the First Amendment: Obscenity

Which of the following Supreme Court cases establishes that a woman has a due process right to make the decision whether or not to have an abortion?

Roe v. Wade (1973)

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario?

Schenck v. United States (1919)

Los Angeles last year pledged to spend $1.3 billion over three decades for massive infrastructure improvements—including fixing notoriously crumbling sidewalks . . . That too came out of a legal settlement, though this one was initiated by citizens and advocacy organizations. It appears to be the largest settlement of its kind in U.S. history, destined to not only transform the urban landscape, but also the way that priorities are set in City Hall. Which of the following laws did advocacy groups use in settling the case with Los Angeles described in the excerpt?

The Americans with Disabilities Act

Which of the following best explains why many public schools in the South remained segregated in the immediate aftermath of the Supreme Court's decision in Brown v. Board of Education?

The Supreme Court must rely on other branches of government to carry out its decisions

Which of the following best explains the trend depicted in the chart above?

The Voting Rights Act of 1965

Which of the following is most likely responsible for the increase in the number of southern African American state legislators between 1960 and 1992 as shown in the graph?

The Voting Rights Act of 1965

In the situation of student led prayer in school we learn:

The balance between the free exercise clause and establishment clause is a difficult one to reach

In the SCOTUS case Plessy vs Ferguson:

The court affirmed the idea of "separate but equal" as not in violation with the 14th amendment.

In recent supreme court cases challenging the ownership of handguns by private citizens:

The court has narrowly supported individual rights to own handguns.

A woman is arrested for possessing illegal substances that were obtained after a warrantless search fo 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.

What is the most logical conclusion that can be drawn from the graph?

The number of African American state legislators has increased drastically since 1960.

Which of the following best describes the viewpoint in the cartoon?

The struggle for civil rights is ongoing.

Which of the following best describes the viewpoint about affirmative action programs expressed in the cartoon?

They give minority students an unfair advantage over white students.

Which of the following are reasons why the Supreme Court does not lightly overturn precedent?

To preserve its legitimacy in the eyes of the American public.

One way that has been established to determine if speech is acceptable or not is to ask if it causes a clear and present danger.

True

In the SCOTUS case Schenck vs United States the court:

Upheld the Espionage Act and ruled the 1st amendment is not limitless.

15th Amendment

Voting rights will not be infringed based on race, color, or previous servitude

In his letter from Birmingham Jail, Dr. King says __________________ are the biggest threat to "the Negro's stride toward freedom."

White moderates

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)

Nineteenth Amendment

a 1920 constitutional amendment granting women the right to vote

equal protection clause

clause of the Fourteenth Amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics

In the SCOTUS case Wisconsin vs Yoder the court ruled:

compulsory school violates the free exercise clause in this case

The Supreme Court established the incorporation doctrine when the Court

interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government

Which of the following is/are true about affirmative action?

it seeks to address consequences of previous discrimination

Social movement

large groups of citizens organizing for political change

Clear and present danger test

legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

Voting Rights Act of 1965

legislation outlawing literacy tests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states

Civil Rights Act of 1964

legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate

Title IX of the Higher Education Amendments of 1972

legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs

The Constitution and its amendments expressly prohibit all of the following EXCEPT

sex discrimination in employment

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

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

strike down the policy because reserving seats amounts to a quota system

Due Process clause

the clause in the Fourteenth Amendment that restricts state governments from denying citizens life, liberty, or property without legal safeguards

In the SCOTUS case Engel vs Vitale:

the court ruled school sponsored prayer violates the establishment clause

In the SCOTUS case Roe vs. Wade:

the decision was based on more on the issue of privacy than the issue of life, the court determined Jane Roe could legally have an abortion

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

Obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

Which of the following constitutional amendments is most related to the issue shown on the map?

Eights Amendment

Over the last 100 years a defendants ability to receive effective legal representation has diminished.

False

In the SCOTUS case New York Times vs. United States:

None of these

Through selective incorporation:

Over time the Supreme Court has affirmed the protections in the Bill of Rights extends to state governments.

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. 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

Slander

an untrue spoken expression that injures a person's reputation

Ex psot facto laws

laws criminalizing conduct that was legal at the time it occurred

Civil disobedience

the intentional refusal to obey a law to call attention to its injustive

Selective incorporation

the piecemeal process through which the Supreme Court affirmed that almost all of the protections in the Bill of Rights also apply to state governments

legal segregation

the separation by law of individuals based on their race

The "Miranda warning" represents an attempt to protect criminal suspects against

unfair police interrogation

The due process clause in the ____ amendment restricts__________________.

12th, federal government from denying citizens rights of free speech, religion, and assembly

Which amendment deals with: Protections against double jeopardy and self incrimination.

5

Which amendment deals with: Protections against excessive bails, fines and cruel and unusual punishments.

8

Alexander Hamilton worried that specifically listing citizens rights would actually be limiting to individual freedoms. This concern was basically erased with:

9th Amendment

Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ?

A citizen calls a member of Congress to persuade her to vote yes on a bill.

A school district in Seattle used the race of students as a tie-breaking factor to determine which students would be admitted to the more popular schools in an attempt to maintain racial diversity. In the case Parents Involved in Community Schools v. Seattle School District No. 1 (2007), the Supreme Court ruled this plan unconstitutional under the Fourteenth Amendment. Which of the following statements offers the most accurate comparison between this case and the decision in Brown v. Board of Education of Topeka (1954) ?

Both cases ruled against the school district based on the equal protection clause.

When Civil Rights issues have come up in the United States, the nation has been quick to enact, enforce and fund laws protecting individuals. Examples of this include The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.

False

Establishment clause

First Amendment protection against the government requiring citizens to join or support a religion

Free exercise clause

First Amendment protection of the rights of individuals to exercise and express their religious beliefs

Which of the following statements is true in the aftermath of the courts decision in Brown vs Board of Education?

None of these

The Civil Rights Act of 1964 does which of the following?

Outlaws discrimination based on race, authorizes the federal government to withhold grants from districts that don't integrate their schools, outlaws racial segregation in schools and public places

In the SCOTUS case Plessy vs Ferguson

The court affirmed the idea of "separate but equal" as not in violation with the 14th amendment

In the SCOTUS case TInker vs Des Moines Independent Community School District:

The court ruled in favor of the protesting students stating their actions were protected as symbolic speech

In the SCOTUS case Engel vs Vitale:

The court ruled school sponsored prayer violates the establishment clause

The SCOTUS case Brown vs. Board of Education:

The court unanimously struck down the idea of "separate but equal" because it denies equal protection under the law

The SCOTUS case Brown vs Board of Education:

The court unanimously struck down the idea of "separate but equal" because it denies equal protection under the law.

In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home 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

"We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government . . ." ". . . Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. To prove this, let facts be submitted to a candid world. He has never permitted her to exercise her inalienable right to the elective franchise. He has compelled her to submit to laws, in the formation of which she had no voice. He has withheld from her rights which are given to the most ignorant and degraded men. . . . Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her without representation in the halls of legislation, he has oppressed her on all sides. He has made her, if married, in the eye of the law, civilly dead. He has taken from her all right in property, even to the wages she earns." Elizabeth Cady Stanton, Seneca Falls Convention, 1848 Which of the following best captures a portion of the author's argument?

The government has made women subservient by denying them the right to vote.

"...If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers. Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people's support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems. We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal. ...When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength...." César Chávez, "He Showed Us the Way," 1978 Which of the following provisions of the Bill of Rights could support the actions that César Chávez is encouraging the farmworkers to take?

The right to assemble

warrant

a document issued by a judge authorizing a search

Writ of habeas corpus

a document setting out reasons for an arrest or detention

grand jury

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted for criminal charges and subsequently tried in court

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally

bill of attainder

a law passed by Congress punishing an individual without a trial

Bill of Rights

a list of fundamental rights and freedoms that individuals possess. The first 10 amendments to the Constitution are referred to as the Bill of Rights.

affirmative action

a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

de facto segregation

a separation of individuals based on their characteristics that arises not by law but because of other factors, such as residential housing patterns

14th Amendment

affirms citizenship of all persons born or naturalized in the US. Adds a clause for equal protections for civil rights.

Thirteenth Amendment

an amendment to the Constitution passed in 1865 prohibiting slavery within the United States

Fourteenth Amendment

an amendment to the Constitution passed in 1868 granting citizenship to all persons born or naturalized in the United States and placing restrictions on state laws that sought to abridge the privileges and immunities of citizens of the United States

Fifteenth Amendment

an amendment to the Constitution passed in 1870 granting voting rights to African Americans

bail

an amount of money posted as a security to allow the defendant to be freed while awaiting trial

Libel

an untrue written statement that injures a person's reputation

The Alabama legislature passes a bill requiring black students to attend different schools than whites. This is an example of:

de jure segregation

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

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

Which two constitutional principles are relevant to the data shown in the map?

federalism and civil liberties

Civil liberties are best described as __________________. While civil rights are best described as ________________.

fundamental freedoms protected from government infringement, protections from discrimination as a member of a particular group

Civil liberties

fundamental rights and freedoms of citizens protected rom infringement by the government

Freedom of expression

fundamental rigth affirmed in the First Amendment to speak, publish, and protest.

Which is true about the 19th amendment?

gives women the right to vote nationally

Brown v. Board of Education Topeka (1954) was a significant Supreme Court ruling because it

held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment

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

limit free speech

In situations where there is an imminent danger to the public, like suspected terrorist attacks where police are trying to ascertain the whereabouts of a bomb or knowledge of a future attack that's going to take place soon, officers are given some leeway to continue interrogation. Even if the person has invoked their . . . rights, their responses may still be admissible in court. From "3 Exceptions to the Miranda Rule," by Christopher Coble, FindLaw Blotter, December 27, The excerpt describes an example of:

limitation on speech that presents a clear and present danger to the public

13th Amendment

outlaws slavery and involuntary servitude

Jim Crow laws, still in place in the early 1960s in the South, were outlawed by the

passage of the 1964 Civil Rights Act

Symbolic speech

protected expression in form of images, signs, and other symbols

Civil rights

protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law

Civil rights

protections from discrimination as a member of a particular group

The establishment clauses __________________ while the free exercise clause _________________.

protects against the government requiring support of a particular religion, protects citizens rights to express their religious beliefs

double jepoardy

protects an individual acquitted of a crime from being charged with the same crime in the same jurisdiction

probable cause

reasonable belief that a crime has been committed or that there is evidence of criminal activity

Civil rights protect individuals from discrimination based on:

religion, gender, political affiliation, sexual orientation, race

Separate but equal

the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal

Miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

de jure segragation

the separation of individuals based on their characteristics, such as race, intentionally and by law

Prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Although each side in the modern debate claims to be faithful to the historical Second Amendment, a restoration of its original meaning, re-creating the world of the minuteman, would be a nightmare that neither side would welcome. It would certainly involve more intrusive gun regulation, not less. . . . Gun control advocates might blanch at the notion that all Americans would be required to receive firearms training and would certainly look askance at the idea of requiring all able-bodied citizens to purchase their own military-style assault weapons." Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 The author's main argument is that the Second Amendment

was added to the Constitution to ensure that militias would have arms