APUG Unit 3 Possible MCQ- Civil liberties and Civil rights

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

The passage of strict gun control laws in a state reflects which of the following?

A growing debate involving the concern over public safety with that of individual rights

According to the graph above, which of the following best explains what test a federal judge may consider to allow government discrimination?

A judge must apply a three-tiered test to determine if the government has engaged in unconstitutional discrimination.

Which of the following is an accurate statement about the bar graphs?

A majority of people think our terror laws go far enough or too far. Reason: A majority of people don't want to sacrifice civil liberties to protect themselves from terror. The survey doesn't mention democrats, encouraging terrorism, nor does it include those who are undecided or declined to answer so we don't know if C is true.

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Which of the following actions would most likely use the precedent set in Gideon v. Wainwright (1963)?

A student arrested in school is refused an attorney, because he cannot afford one. Reason: Gideon v. Wainwright (1963) decided that the government must provide the poor with a lawyer even if the case was a misdemeanor.

Which of the following actions would most likely use the precedent set in Roe v. Wade (1973)?

A student is prevented from having an abortion at a clinic near the school. Reason: Roe v. Wade (1973) extended the right to privacy to a woman's decision to have an abortion.

Which of the following would be considered would most likely be considered a violation of the 8th Amendment?

A suspect is tortured to find out who the other criminals were. Reason: 8th Amendment protects people from unreasonable searches and seizures.

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

A worker is fired for using hallucinogenic drugs in a religious ceremony. Reason: Free exercise is the right of someone to practice their religion. Being fired for practicing your religion is an example of a free exercise case.

Which of the following best describes poll tax?

Fee that had to be paid to vote for the purpose of preventing poor southerners from voting, particularly African Americans.

Which of the following best describes the message of this cartoon?

Firearms should be regulated by the government. Reason: The artist's use of a howitzer is mocking gun owners. Unquestionably Americans are torn on this issue, but it is that and not a privacy concern that is being emphasized in the cartoon.

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to bear arms to the states

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Which of the following best describes grandfather clause?

Law that exempted people from paying fees or passing tests to vote if they had voted before 1870. -attempts to have whotes have political power

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

One of the speakers at a high school graduation says a brief prayer.

Based on the information in the bar graph, which of the following is most likely implication about the views of American voters?

People have become more protective of their civil liberties. Reason: People have become more protective if their civil liberties. We don't know why that is, but we can tell that people care more protective of their civil liberties than they used to be.

According to the decision above, the Supreme Court ruled in the case of Brown v. Board of Education, Topeka that

Racial segregation in public schools was a denial of the equal protection of the laws

Which of the following best describes intersectionality?

The experience of multiple forms of gender oppression such as race, gender, and sexual orientation.

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

right to privacy

The right to a private personal life free from the intrusion of government.

A high school athletic director spends $15,000 on the football and baseball teams, but spends no money on women's sports. Which of the following is laws is the athletic director violating?

Title IX of the Civil Rights Act

A woman applied to be a principal of a school with a proud football team, although the school board thought she was the best candidate they did not think that the a woman would be able to gain the respect of the community and so she was not hired. Which of the following is laws is the school board violating?

Title VII of the Civil Rights Act

The due process and equal protection clauses of the Fourteenth Amendment were extended by the Supreme Court to state law in

Brown v. Board of Education.

A police officer is investigating a murder suspect and does not have a warrant to search the suspect's house or car. Which of the following would most likely be considered an unreasonable search if the officer did not have a warrant?

a police officer placing a GPS device on the suspect's car to see where the suspect goes Reason: The GPS device would be considered an unreasonable search. The other events all take place in public.

amendment with right to avoid cruel and unusual punishment

eighth

In 2015, the U.S. Supreme Court decided that marriage could not be defined as heterosexual in nature. Which of the following was used to justify the Supreme Court's decision?

equal protection clause Reason: Equal Protection clause was used to prevent homosexuals from being treated unequally under the law.

shneck v us constitutional right

espionage act/clear and present danger test/freedom of speech

mapp v ohio constitutional right

exclusionary rule

amendment with freedom of speech

first

amendment with freedom to petition

first

Strict scrutiny is best defined as

guidelines the court uses to see if there is a compelling government interest to justify discrimination by race, religion, or national origin. Reason: Strict scrutiny is the strictest test and is reserved for racial discrimination and is rarely allowed. Intermediate scrutiny is used for gender discrimination and is sometimes allowed. Rational Basis test is used for age and is used regularly.

The clear-and-present-danger test created by the Supreme Court gave the government the leeway to...

limit free speech

Tinker v. US (1969)

limited the power of prior restraint. However, a school newspaper has fewer rights than a national newspaper in most states.

The Voter Rights Act of 1965 was attempting to ban which of the following practices?

literacy tests Reason: The Voting Rights Act banned literacy tests that usually did not test literacy, but were instead designed to prevent African Americans from voting.

Equal protection of the laws

means that laws cannot establish different standards for the treatment of different groups.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Title VII of the Civil Rights Act

prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin.

amendment with right to counsel

sixth

Right to an attorney is protected under which amendment?

sixth amendment

title IX

states that schools receiving federal funds must spend equal amounts on men's and women's sports.

Wearing an armband and/or burning the American flag are examples of ____; actions that do not consist of speaking or writing but that still express an opinion.

symbolic speech

The Establishment Clause is in the First Amendment and freedom from double jeopardy is in the Fifth Amendment. The right to a speedy trial and the right to an attorney are in the Sixth Amendment. Freedom from unreasonable search and seizure is found in the Fourth Amendment. t/f

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Shneck v. US

(1919). Unanimously upheld the Espionage Act of 1917 which declared that people who interfered with the war effort were subject to imprisonment; declared that the 1st Amendment right to freedom of speech was not absolute; free speech could be limited if its exercise presented a "clear and present danger."

Bakers or wedding planners that oppose same sex marriage and refuse service to same sex couples, oftentimes cite which of the following First Amendment provisions in their defense?

Free exercise of religion

Which of the following best describes literacy test?

Method to prevent African Americans to vote by making a voting test that was very challenging.

Which of the following best describes Jim Crow Laws?

Required strict separation of the races in the South and created segregated facilities.

The lynchings that took place from 1882 to 1968 violate which of the following principles that that are important to our government?

Rule of Law Reason: Rule of Law is following the law and not deviating from the law for anyone.

Which of the following describes the implication of the Court engaging in selective incorporation?

Selective incorporation has imposed limitations on state regulation of civil rights and liberties

A constituent falsely accuses his member of congress of assault. The comments go viral and the member's popularity sinks, but the constituent believe the first amendment protects them. Which of the following is the reason that the constituent is wrong?

Slander is not protected by the first amendment. Reason: Slander is spoken defamation and it is not protected by the first amendment.

According to the graphic above, Eight Amendment protection against cruel and unusual punishment

Would best apply to the last stage of the criminal justice process, when a defendant is found guilty.

An example of the exclusionary rule would be if police

used a defective search warrant to seize evidence

due process clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law (and 5th amendment)

Bakke v. University of California

1978 Supreme Court ruling that limited affirmative action by rejecting a quota system.

Which of the following amendments has the most in common with the Voting Rights Act?

19th amendment Reason: The 19th Amendment gave women the right to vote. That is the closest the Voting Rights act which helped take away barriers stopping African Americans from voting.

Due Process Amendments

4,5,6,7,8

free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Which of the following is an example of a controversy regarding equal protection under the Fourteenth Amendment?

A female employee being denied a promotion in a workplace where male employees have been promoted doing less quality work.

According to the graph above, which of the following laws would be an example of the rational basis test to determine discrimination?

A law that allows airlines to force pilots to retire above the age of 60.

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a clear and present danger case?

A person giving a speech talking about using violence against immigrants Reason: Encouraging violence against other people is a clear and present danger. It is not protected by the first amendment.

Which of the following would be considered would most likely be considered a violation of the 5th Amendment?

A person's land is taken by the government without any compensation. Reason: Eminent domain is a power of the government to take away your land, but they must fairly compensate you for your property.

Which of the following actions would most likely use the precedent set in New York Times v. United States (1971)?

A school newspaper is prevented from writing a story that is critical of the Principal. Reason: New York Times v. United States (1971) limited the power of prior restraint. However, a school newspaper has fewer rights than a national newspaper in most states.

Which of the following actions would most likely use the precedent set in McDonald v. Chicago (2010)?

A student in college is banned from storing his shotgun in his dorm room. Reason: McDonald v. Chicago incorporated the right to bear arms into the 14th Amendment.

Which of the following actions would most likely use the precedent set in Schenck v. United States (1919)?

A student incites violence against the players of the other team at a football game. Reason: Schenck v. United States (1919) established the clear and present danger test. This test limits free speech when it threatens the nation and has been further used when speech threatens safety of others.

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

A student is not allowed to see his attorney while police question him. Reason: Denying access to a lawyer violates Miranda rights.

Which of the following actions would most likely use the precedent set in Wisconsin v. Yoder (1972)?

A student is required to attend school even though their faith says that they should no longer attend. Reason: Wisconsin v. Yoder (1972) declared that students were not required to attend school if their religion told them not to.

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

A student was denied entry into a college because of her race. Reason: A student denied entry into a college due to race would be an equal protection clause issue. The other three answers are civil liberty issues.

Which of the following actions would most likely use the precedent set in Tinker v. Des Moines Independent Community School District (1969)?

A student wears a shirt that says "Impeach the President!" Reason: Tinker v. Des Moines Independent Community School District (1969) declared that students were entitled to symbolic political speech inside of a public school.

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

A student wears a shirt that says "kick out illegal immigrants." Reason: Symbolic speech is the use of symbols or words that represent speech, but are not actually spoken.

Which of the following would be considered would most likely be considered a violation of the 6th Amendment?

A suspect is not allowed to speak with an attorney. Reason: The 6th Amendment guarantees that people accused of crimes have the right to an attorney.

Which of the following would be considered would most likely be considered a violation of the 4th Amendment?

A terrorist suspect is searched without a warrant. Reason: The Fourth Amendment protects people from unreasonable search and seizure. Being searched without a warrant best approximates the Fourth Amendment.

Use the excerpts below to answer questions 14 and 15. " No person...shall be compelled in any criminal case to be a witness against himself, nor deprived of life, liberty, or property, without due process of law." Fifth Amendment "In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed...;to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor; and to have the assistance of counsel for his defense." Sixth Amendment Which of the following best represents the protections afforded by the two amendments the excerpt above?

As a defendant, you have a right to counsel and the right to confront your witnesses

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

A newspaper prints a story accusing a candidate for office of cruelty to animals. They know this accusation is untrue, but the newspaper claims the first amendment protects them. Which of the following is the reason that the newspaper is wrong?

Commercial speech is not protected by the first amendment. Reason: Libel is written defamation and it is not protected by the first amendment.

Which of the following best describes a hate crime?

Crime committed against someone that is motivated by bias against the victim's race, religion, disability, sexual orientation, or ethnicity. Reason: Crime committed against someone that is motivated by bias against the victim's race, religion, disability, sexual orientation, or ethnicity.

Which of the following best describes white primary?

Election to choose the party's general election candidate, but only Caucasians were allowed to vote. White primaries were elections to choose the party's general election candidate, but only Caucasians were allowed to vote. This was an attempt to have whites control the political power.

Use the excerpts below to answer questions 14 and 15. " No person...shall be compelled in any criminal case to be a witness against himself, nor deprived of life, liberty, or property, without due process of law." Fifth Amendment "In all criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed...;to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor; and to have the assistance of counsel for his defense." Sixth Amendment The Fifth and Sixth amendments provide which of the following liberties?

Freedom of Religion

time, place, and manner restrictions

Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.

Which of the following ideologies would agree the most with the policies of the state of Georgia?

Liberal Reason: Liberals favor gun control and Georgia bans guns on campus.

Which of the following ideologies would agree the most with the policies of the state of Wisconsin?

Liberal/libertarian Reason: Libertarians favor gun rights and Wisconsin allows guns on campus.

Which of the following court cases is most relevant to the topic of this map?

McDonald v. Chicago (2010) Reason: McDonald v. Chicago (2010) was about the right to carry a gun.

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

McDonald v. Chicago (2010) Reason: McDonald v. Chicago incorporated gun rights into the 14th Amendment. Roe v. Wade did protect privacy of individuals against the state. The artist's use of a howitzer seems to be done to mock gun owners rather than dealing with a privacy issue.

Which of the following best explains how the changing religious affiliation of Americans might affect the First Amendment?

Most Americans support of the First Amendment protection of religious freedom will most likely decrease.

The addition of the Fourteenth Amendment after the Civil War demonstrated the

Northern states' insistence that newly freed slaves in the South be recognized as full citizens deserving of equal rights after the Civil War.

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

Police paid a criminal to break into a suspect's house and obtain evidence of a crime. Reason: Obtaining evidence illegally violates the exclusionary rule.

The 24th Amendment was attempting to ban which of the following practices?

Poll taxes (24th amendment banned poll taxes)

Use the excerpt below to answer question 13. "Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group.... Any language in contrary to this finding is rejected. We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." -Brown v. Board of Education, 1954 Which of the following was the reaction of Southern states following the decision referred to above?

Southern states began to resist attempts to desegregate public facilities

The addition of the Bill of Rights in the years following ratification of the Constitution demonstrates the

States' fears of an overpowered national government

Which of the following actions would most likely use the precedent set in Engel v. Vitale (1962)?

Students hear a brief prayer before each high school football game. Reason: Engel v. Vitale (1962) declared listening to a nondenominational prayer to be a violation of the Establishment clause.

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

The President prevents a newspaper from printing a salacious story about his past. Reason: Prior restraint is preventing an article from being published.

A group that promotes hatred of minorities wants to protest on a public college campus and the school denies their petition to protest. Which of the following accurately depicts an example of a legitimate time, place, and manner restriction?

The college does not want traffic blocked during rush hour. Reason: The best example is that the college does not want traffic blocked during rush hour, which is a time and place restriction. A protest after classes end does not disrupt school so it is not a legitimate time restriction. Burning flags is symbolic speech so it is not a legitimate manner restriction. Time, manner, and place restrictions must be content neutral so they cannot ban hate speech.

Which of the following concepts is best illustrated in the graphic above?

The number of offenders sent to prison are far less then those arrested.

Use the excerpt below to answer question 12. "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.... The argument also assumes that social prejudice may be overcome by legislation, and that equal rights cannot be secured except by an enforced commingling of the two races.... If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane." -Plessy v. Ferguson, 1896 Which of the following emerged as a result of the Court's decision in Plessy?

The passage of "Jim Crow" laws, which created separate but equal for African Americans and White Americans.

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

25) Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a right-to privacy case?

When searching a home the police bring along a reporter who takes photos of the home. Reason: Bringing a reporter while searching a home potentially violates privacy.

Which of the following best explains the trend in American's changing religious affiliation as shown in the graph above?

While most Americans religious affiliations have either remained constant or declined, those with no religious affiliation has increased.

Voting Rights Act of 1965

also allowed federal government to sue to desegregate public schools, required equality in public accommodations, and created the Equal Employment Opportunity Commission. The Voting Rights Act of 1965 also required states with low voter registration to get permission from DOJ to change voter laws.

gitlow v new york constitutional right

freedom of speech

prior restraint

government censorship of information before it is published or broadcast

Rational Basis test is best defined as

guidelines the court uses to see if there is a logical reason related to a legitimate government interest to justify age discrimination.

Intermediate scrutiny is best defined as

guidelines the court uses to see if there is a significant effect to an important government interest to justify sex-based discrimination.

The Supreme Court's interpretation of the establishment clause in Engle v. Vitale (1962)

limited the power of the state governments to introduce school sponsorship of religion

Gideon v wainwright constitutional right

right to counsel

A woman's right to an abortion on demand in the first trimester of her pregnancy was successfully protected in Roe v. Wade (1973) on the basis of:

right to privacy

Many more African-Americans were lynched in the Southern states from 1882-1968. t/f

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The right to assemble is in the First Amendment and the right to an attorney is a Sixth Amendment protection. Double jeopardy and due process are both Fifth Amendment rights. The right to bear arms is a Second Amendment right. t/f

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While the practice of separate schools for black and white students was declared unconstitutional by the Supreme Court in Brown v. Board of Education (1954), segregation in restaurants, stores, hotels, and other public accommodations remained legal until

the passage of the Civil Rights Act of 1964