APGOV Practice 1

A

In what way do the decisions in Engel v. Vitale and Wisconsin v. Yoder differ? A. One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion. B. One was decided on free speech grounds and one was decided on free press grounds. C. One preserved the governmental policy and the other struck down a government policy. D. One decision resulted from judicial activism and one resulted from judicial restraint.

A

It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. — Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) Which of the following constitutional provisions would the author cite to support the opinion? A. The equal protection clause of the Fourteenth Amendment B. The establishment clause of the First Amendment C. The reserved powers clause of the Tenth Amendment D. The due process clause of the Fifth Amendment

C

It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. — Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) Which statement best summarizes Justice Kennedy's opinion? A. Some level of burden on the liberty of same-sex couples is acceptable. B. The farmers of the Constitution did not support legal marriage of gays and lesbians. C. Same-sex couples are unfairly harmed by states' denial of their legal marriage. D. Gay couples have the right to all tangible benefits under civil unions but not in marriage.

B

It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. — Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) With which of the following statements would supporters of Kennedy's position above be most likely to agree? A. Marriage laws are rightfully left to the states to decide. B. Gays and lesbian are equal to other people under the law. C. Congress should pass a law to protect traditional marriage. D. Government should stay out of personal matters.

D

The Bill of Rights guarantees which of the following rights to a person arrested and charged with a crime? A. The right to participate in elections B. The right to negotiate a plea bargain C. The right to an appeal if convicted D. The right to legal representation

B

The Miranda rule stems from rights protected by which of the following amendments? A. Fourth and Fifth amendments B. Fifth and Sixth amendments C. Seventh and Eighth amendments D. Ninth and Tenth amendments

D

Those who disagree with the views in the majority opinion in Schenck would likely celebrate the shaping of the Constitution in which free-speech ruling? A. Tinker v. Des Moines B. Engel v. Vitale C. United States v. Lopez D. New York Times Co. v. United States

B

Which of the constitutional provisions is at issue in Schenck v. United States? A. The necessary and proper clause in Article I B. First Amendment free speech and free press rights C. Congress's power to declare war in Article I D. Fourteenth Amendment due process clause

C

Under what circumstance can police conduct searches? A. Only if a court issues a warrant B. If they have slight suspicion on wrongdoing C. As long as they have probable cause of criminal activity D. If they have been tipped off by a reliable source

D

What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment? A. The Fifth Amendment prevents government from depriving persons of liberty, while the Fourteenth Amendment prevents a deprivation of life. B. The Fifth Amendment sets limits on the private sector, while the Fourteenth Amendment protects citizens against the states. C. The Fifth Amendment protects citizens against the federal government, while the Fourteenth Amendment protects citizens against the states. D. The Fifth Amendment protects citizens against criminal charges, while the Fourteenth Amendment protects citizens against civil lawsuits.

B

What must a suing party prove to win a libel lawsuit? A. A factual mistake was made in reporting. B. The offending party acted maliciously and caused damages. C. An unfair criticism of public officials was made. D. His or her reputation was tarnished.

D

What was the effect of the opinion in Schenck v. United States? A. People can say or express anything as long as the nation is not at war. B. During wartime, no person can criticize the U.S. government. C. Free speech in the United States was expanded. D. As long as speech does not present a clear and present danger, it is allowed.

A?????

Which of the following best describes the message in the political cartoon? A. Affirmative action should not be allowed in the United States. B. The Supreme Court has limited the way colleges can recruit minorities. C. Republicans practice affirmative action policy, while Democrats do not. D. The Supreme Court refuses to consider the constitutionality of affirmative action policies.

B

Which of the following best explains why the figure holding the scales of justice is blindfolded? A. To show that justice is turning a blind eye to racial discrimination B. To show that justice should be colorblind C. To show that the Court has blinded justice with restriction D. To show that affirmative actions laws are blindsided by the Court

B

Which of the following comparisons of the 1964 Civil Rights Act and the 1965 Voting Rights Act are accurate? A. One applied to white citizens and one applied to African American citizens. B. One outlawed discrimination in hiring and the other increased African American voter registration and participation. C. One allowed discrimination in certain government agencies and the other made literacy tests easier to pass. D. One has been entirely struck down by the Supreme Court and one has not.

A

Which of the following consequences may occur based on the data in the graph? A. Restrictions on offensive school speech will likely be eased. B. Americans are likely open to limits on speech in the future. C. Republicans will be more open to limits on speech than Democrats. D. Men will be more likely than women to make offensive statements about minorities.

A

Which of the following constitutional issues is represented in the graphic? A. Prior restraint B. Clear and present danger C. Free speech D. Free exercise

B

Which of the following expresses a reasonable interpretation of a trend in the table? A. Seven-year-olds in the study have lower self-esteem than three-year-olds. B. Four- and five-year-olds appear to be sensitive to cultural attitudes toward race. C. Preschool programs would help African American students integrate well with whites. D. Separate black schools might boost the self-esteem of African American students.

B

Which of the following is an accurate comparison of substantive and procedural due process? A. Deals with "the how" of the law, or steps in carrying out the law. Must be followed by the states, not the federal government B. Followed when the ideas or points of the law are fundamentally fair and just. Focuses on the manner in which governments acts towards its citizens. C. Applicable because of the Fifth Amendment, not the Fourteenth Amendment Was violated in the Roe v. Wade case according to the Supreme Court D. Must be followed by the federal government, not state governments Is followed when Congress follows the legislative process in lawmaking

C

Which of the following is an accurate comparison of the two court cases? A. Required all-black schools to have facilities and faculties of the same quality as all-white schools Brought vocal opposition to abortion and encouraged legislatures to reshape abortion policy B. Required students to be bused Made abortion illegal in all states C. Concluded that "separate but equal" schools are impossible Assured a pregnant woman's right to have an abortion in the first trimester D. Upheld the separation of races in public accommodations Upheld state's police powers to regulate safety, health, and morals.

B

Which of the following is the most complete summary of the selective incorporation doctrine? A. The selective incorporation process and resulting law represent the primary intent of the farmers of the Fourteenth Amendment. B. The Supreme Court has required states to apply certain rights in the Bill of Rights through the Fourteenth Amendment's due process clause. C. The Supreme Court has determined that citizens have the right to own firearms. D. A separation of church and state is required even in states where large majorities of the population are strongly religious.

C

Which of the following principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur? A. Clear and present danger B. Police powers C. Exclusionary rule D. Prior restraint

A

Which of the following statements best describes how the balance of liberties and safety has been interpreted over time? A. The balance has been interpreted consistently over time. B. The balance leans more toward liberties than safety. C. Different courts in different times have found different balances. D. Stare decisis requires similar findings in similar cases.

C

Which of the following statements best describes the Supreme Court's interpretation of the Fourteenth Amendment? A. The Fourteenth Amendment has restricted the application of judicial review. B. The Fourteenth Amendment prevents states from taxing agencies of the federal government. C. The Fourteenth Amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states. D. The Fourteenth Amendment's equal protection clause defines certain classes of people who are not eligible for equal protection.

D

Which of the following statements from the Brown opinion ties most directly to the table? A. "Under [Plessy v. Ferguson], equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be seperate." B. "The plaintiffs contend that segregated public schools are not 'equal' and cannot be made 'equal,' and that hence they are deprived of the equal protection of the laws." C. "The question presented in these cases must be determined, not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation." D. "To seperate [African American children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone."

C

Which of the following statements reflects a trend represented in the table? A. When asked which doll looks bad, the older children are more likely to say the colored doll than the younger children B. In response to most requests, preference for the black doll increases between ages 3 and 4 and then steadily declines. C. In response to most requests, preference for the white doll increases between ages 3 and 4 and then steadily declines. D. When asked which doll they wanted to play with, a higher percentage of 7-year-olds chose the white doll than did the 3-year-olds.

D

Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty? A. States may not use the death penalty. B. The interpretation focuses on the method of execution. C. The Court has found the practice unconstitutional because it is cruel and unusual. D. The Court has interpreted the execution of minors and the mentally handicapped as unconstitutional.

D

Which statement is accurate regarding the law and government surveillance of persons in the United States? A. Police and FBI can listen to private phone conversations when they see fit. B. U.S. law enforcement first began to watch or surveil U.S. persons after the September 11th attacks. C. The Constitution and Bill of Rights protect only U.S. citizens from arbitrary surveillance. D. Policies have changed over time as people debate the balance between security needs and individual liberties.

B

With the variety of religious denominations and religions represented at a public high school, the administration has decided to bar students from wearing any religious symbols or garb that reflect a particular religious faith. Which of the following would be the best legal advice for school administrators? A. This is a sound policy because of the decision in Engel v. Vitale. B. This is an unsound policy based on the Constitution's free exercise clause unless the practice causes disruption C. This is an unsound policy because of the decision in Wisconsin v. Yoder. D. This is an unsound policy based on the Constitution's reserved powers clause.

C

With which of the following statements would the cartoonist most likely agree? A. The government should be able to impose religion on its citizens. B. Elected officials cannot be religious. C. There is a constant struggle to define the separation of church and state. D. The government should provide more help to churches.