APGOV - Civil Liberties

Which is the best comparison below of constitutionally protected rights affirmed by the case of Gideon v. Wainright

14th and 6th Amendment

Roe v. Wade (1973) reflects what shift in American beliefs?

20th century social forces at work in the U.S. pushed the country towards greater political and sexual freedom for women.

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

A plaintiff challenges a state law that imposes penalties for certain categories of speech.

Which of the following is most consistent with the Supreme Court's reasoning in the above excerpt?

A right that is worthy of protection from the national government is entitled to protection from state governments as well.

Which of the following would represent a "reasonable search" that would not violate the rights protected by the 4th Amendment above?

A teenager is pulled over for speeding and the officer detects a strong smell of marijuana emanating from the car and searches the car without a warrant.

As explained in the excerpt above, which of the following best describes the Supreme Court's holding in Gitlow v. New York?

Application of the New York statute, in this case, was constitutional because the speech involved could cause violence.

Which of the following best summarizes the debate reflected in Gideon v. Wainwright (1963)?

Are states required to provide legal counsel for indigent criminal defendants?

Which of the following best summarizes the debate reflected in Roe v. Wade (1973)?

Can a state enact a law criminalizing a woman's effort to obtain an abortion?

The application of the Second Amendment in McDonald v. Chicago (2010) relied most heavily on which constitutional guarantee?

Due-process clause

Individual liberty has most often been restricted by the Supreme Court under which context below?

During times of war

In the event a court rules that police have gathered evidence against you illegally based on the 4th Amendment protections listed above, that evidence can not be used to convict you. What is this principle known as?

Exclusionary Rule

The City of Chicago's argument in McDonald v. Chicago (2010) is most closely associated with which political belief?

Federalism

In the Gitlow case, the Supreme Court determined whether a New York statute violated which of the following constitutional provisions?

First Amendment

Given the number of cases that are passed on to the Supreme Court, what would have been the likely outcome for Clarence Earl Gideon had it not been for the high-profile nature of the case.

His request would of been denied.

Which of the following best summarizes the debate reflected in McDonald v. Chicago (2010)?

Is the Second Amendment right to keep and bear arms for self-defense in one's home fully applicable to the states?

Which of the following best describes an impact of the Supreme Court's use of the selective incorporation doctrine?

It restricts the power of state legislatures to pass laws that interfere with individual rights.

Opponents of Roe v. Wade (1973) would claim that the ruling is most closely associated with which judicial interpretation?

Judicial activism

Gideon v. Wainwright (1963) reflects what shift in the Supreme Court's attitude towards criminal justice in the 1950s and 1960s?

Since the U.S. utilizes an adversarial criminal justice system in a social environment of profoundly unequal resources, an array of rights must be extended to criminal defendants to guarantee fairness.

Which of the following most clearly states the outcome of Roe v. Wade (1973)?

The Fourteenth Amendment's Due Process Clause extends to a woman's decision to have an abortion, although state interests in regulating abortions to protect women's health and the potentiality of human life must be taken into account.

Which of the following actions by Congress would most likely be protected by the precedent of a "clear and present danger" established by Schenck v. United States (1919)?

The PATRIOT Act after being passed after 9/11

The PATRIOT Act authorizes the use of sneak-and-peek warrants in which law enforcement personnel are able to search a property without the owner's knowledge in order to find illegal activity. This has led to some breaking and entering by law enforcement agents and a negative reaction by some wrongfully searched. Which of the following provides the best legal challenge to these types of searches?.

The challenge could be made that it violates the 4th Amendment by not notifying the owner of the warrant and search.

The concurring opinion of Gideon v. Wainwright (1963) is most closely associated with which political belief?

The constitutional guarantee of legal counsel found in the Sixth Amendment should not be diminished by a defendant's income level.

Which of the following best describes the holding of the Supreme Court in Oregon v. Smith based on Scalia's majority opinion excerpted above?

The respondents could be constitutionally punished for their use of peyote in a religious ceremony.

A political scientist would most likely use Gideon v. Wainwright (1963) to illustrate which of the following?

The right to counsel guaranteed by the Sixth Amendment is so crucial to the U.S. criminal justice system that states are required to provide defense counsel to indigent defendants.

The outcome of Gideon v. Wainwright (1963) rests most heavily on which of the following ideas reflected in the U.S. Constitution?

The right to counsel in the Sixth Amendment.

The outcome of McDonald v. Chicago (2010) rests most heavily on which of the following ideas reflected in the U.S. Constitution?

The right to keep and bear arms

A political scientist would most likely use McDonald v. Chicago (2010) to illustrate which of the following?

The right to keep and bear arms extends to individuals in each of the 50 states of the U.S.

Roe v. Wade (1973) has impacted the U.S. judicial system in which of the following ways?

The selection of federal judges, especially Supreme Court Justices, has become more politicized.

Which of the following has been a continuing consequence of attempts to prevent terrorism through the PATRIOT Act and the US Freedoms Act?

There has formed an increase in legal battles between individual liberties and the need for safety.

According to the excerpt above, which of the following best describes the reason Congress proposed the Fourteenth Amendment?

To provide a constitutional foundation for the civil rights of blacks .

In the Gitlow case, the Supreme Court began the process of applying protections of individual freedoms from the Bill of Rights against state action. This process is known as

selective incorporation

When the Supreme Court granted Clarence Earl Gideon's request for a Writ of Certiorari above, the eventual decision of the Court became a landmark case because

the Court ruled that Gideon was entitled to legal representation even though he could not afford it.

Due to its focus on equal rights, opponents of the Roe v. Wade (1973) decision have likened it to which other Supreme Court decision?

Dred Scott v. Stanford

Which of the following makes protection of the right to bear arms applicable to the states?

Due process clause of the 14th Amendment

Which of the following Supreme Court decisions below most directly represents the protections listed in the excerpt above?

Mapp v. Ohio

Which of the following most clearly states the outcome of McDonald v. Chicago (2010)?

Municipalities may not infringe on the Second Amendment right to keep and bear arms for self-protection in one's home.

Regarding Gideon v. Wainwright (1963), the case was remanded back to the Florida State Supreme Court because the U.S. Supreme Court

believed that the lower court's initial verdict was flawed due to a misinterpretation of the Right to Counsel Clause found in the Sixth Amendment.

The dissenting opinion of Roe v. Wade (1973) is most closely associated with which judicial interpretation?

Constitutional originalism

Gideon v. Wainwright (1963) impacted the American judicial system in which of the following ways?

Defendants are no longer capable of acting as their own legal counsel in court proceedings.

Gideon v. Wainwright (1963) has the most in common with which of the following Supreme Court cases?

Miranda v. Arizona

Which of the following political parties would most likely advocate for the dissenting opinion in McDonald v. Chicago (2010)?

Democratic Party

When suspects are arrested by police, officers read a list of rights they are entitled to, and Gideon's right to an attorney is part of that list read to suspects. Which case below was the impetus for the reminder to suspects that in addition to the right to an attorney, they also have a right to remain silent?

Miranda v. Arizona

Which of the following most clearly states the outcome of Gideon v. Wainwright (1963)?

States must provide indigent criminal defendants with legal counsel regardless the nature of the charge.

Timothy Carpenter was suspected of being involved with a series of armed robberies. The FBI used federal law to access the location of Timothy Carpenter on the day of each of those robberies without any warrant. In the case of Carpenter v. US (2017), the Supreme Court ruled that police cannot access the location of individuals historical location without a warrant for that information. Which of the following was most likely the argument made by the victorious party?

The 4th Amendment protects individuals from unlawful search; this case involves a search of Carpenter's phone location without a warrant.

Which of the following groups surprisingly supported the concurring opinion of McDonald v. Chicago (2010), when it was first issued

The Brady Campaign

Which of the following organizations would most likely advocate for the dissenting opinion of Roe v. Wade (1973)?

The Eagle Forum (conservative)

Which of the following groups would most likely disagree with the Gideon v. Wainwright (1963) decision?

The Federalist Society

The outcome of Roe v. Wade (1973) rests most heavily on which of the following ideas reflected in the U.S. Constitution?

The Fourteenth Amendment's concept of personal liberty and restriction of state action.

McDonald v. Chicago (2010) impacted the debate concerning gun control in which of the following ways?

The NRA initiated a host of new court cases to overturn gun control regulations not covered by McDonald.

Which of the following organizations would most likely advocate for the concurring opinion of Roe v. Wade (1973)?

The National Organization of Women

The decision handed down by the Supreme Court in McDonald v. Chicago (2010) is most similar to that found in

U.S. v. Lopez

Based on the excerpt above, which of the following statements is most consistent with the holding in the Oregon v. Smith case?

as long as a law does not target a particular religion, the Constitution does not require that religious practices be exempt from its enforcement