Morey Unit 5 AP Gov
Discrimination in public accommodations was made illegal in the United Stats as a direct result of the -Supreme Court decision in Brown vs. Board of Education of Topeka -Supreme Court decision in Sweatt v. Painter -Civil Rights Act of 1964 -Montgomery Bus Boycott -Voting Rights Act of 1965
Civil Rights Act of 1964
The individual rights promised to citizens in the Bill of Rights were later extended to apply to the states, due in part to the Supreme Court interpretation of Constitutional Amendment -12 -14 -16 -10 -18
14
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The above text is from which amendment to the U.S. Constitution? -5th Amendment -4th Amendment -10th Amendment -2nd Amendment -6th Amendment
2nd Amendment
What is overall impact of the Supreme Court's rulings on abortion? -Abortion is a social, moral, and family issue and is left to the the discretion of the states. -Abortion is prohibited except in cases of rape or incest. -Abortion may not be prohibited or regulated during the first two trimesters. -Abortion may not be prohibited during the first two trimesters, but it can be regulated as long as there is not undue burden. -There is a broad right to abortion throughout pregnancy.
Abortion may not be prohibited during the first two trimesters, but it can be regulated as long as there is not undue burden.
Who exercises control over the bureaucracy? -There is very little control over the bureaucracy because agencies make regulations that have the force of law. -The executive branch controls the bureaucracy by appointing all federal employees. -Congress controls the bureaucracy because it has the power to fire agency heads after oversight hearings and for just cause. -The judicial branch controls the bureaucracy by reviewing regulations to make sure they are constitutional before they go into effect. -Both Congress and the executive branch have controls over the bureaucracy.
Both Congress and the executive branch have controls over the bureaucracy.
Which of the following Supreme Court decisions reversed the earlier decision of Plessy v. Ferguson? -Korematsu v. U.S. -Mapp v. Ohio -Marbury v. Madison -Brown v. Board of Education -Gideon v. Wainwright
Brown v. Board of Education
Which of the following sources contributes most to the workload of the Supreme Court? -Cases referred by Congress -Cases from its appellate jurisdiction -Cases referred by regulatory commissions -Cases from its original jurisdiction -Cases referred from the executive branch
Cases from its appellate jurisdiction
The number of justices on the United States Supreme Court is set by -national convention -Congress -the president -the United States Constitution -the American Bar Association
Congress
Which of the following is filed when an imprisoned person wants to be brought before a judge so that the judge can determine whether his or her imprisonment is legal? -Bill of attainder -Ex post facto petition -Writ of certiorari -Habeus Corpus petition -Amicus Curiae brief
Habeus Corpus petition
The First Amendment protects expressions of sexual or erotic interest. However, some restrictions on pornography have been upheld. In what ways can pornography be regulated? I. Child pornography can be banned. II. Zoning laws can prohibit "adult" businesses in certain places. III. The Federal Communications Commission can shut down adult pornographic Web sites. IV. Cities can ban all pornographic books and videos. -I and II -I, II, and III -I and III -I, II, and IV -II and III
I and II
"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 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 II -I and III -I and IV -II and III -II and IV
I and III
Colorado passed a law requiring that all school children say the Pledge of Allegiance every morning. The law was challenged as a violation of which civil liberties? I. free-exercise clause II. right to petition III. freedom of speech IV. freedom of assembly -I and III -I, II, and III -II and III -II, III, and IV -I, III, and IV
I and III
What can be searched, without a search warrant, upon a valid arrest? I. the person being arrested II. items in plain views of the arresting officer III. items under the immediate control of the person being arrested IV. the home of the person being arrested I and II II and III I and III II, III, and IV I, II, and III
I, II, and III
The Supreme Court has upheld which of the following limits on free speech? I. laws against libel II. laws against speech that presents a clear and present danger III. laws against flag burning IV. laws against obscenity -I and II -I, II, and III -II and IV -I, II, and IV -I and IV
I, II, and IV
The federal government took which of the following measures to end southern resistance to desegregation? I. sent in the National Guard to force schools to desegregate II. closed southern school systems until they agreed to desegregate III. provided financial aid for schools that integrated IV. withheld financial aid from schools that refused to desegregate -I and II -I, II, and III -I and III -III and IV -I, III, and IV
I, III, and IV
Which of the following has a negative impact on presidential approval ratings? I. the poor economy under George H. W. Bush's administration II. the impeachment proceedings against Clinton III. the Vietnam War during the Johnson administration IV. the Watergate investigation during the Nixon administration -I and II -I, II, and III -II, III, and IV -I, III, and IV -I and IV
I, III, and IV
The National Association for the Advancement of Colored People (NAACP) developed a strategy to challenge the "separate-but-equal" ruling in Plessy v. Ferguson. Put the following tactics in the order in which they were used by the NAACP. I. persuade the Court to declare laws unconstitutional if they were separate but unequal in subtle ways II. persuade the Court to rule that racially segregated schools were inherently unequal III. persuade the Court to declare laws unconstitutional if they were separate and unequal in obvious ways -II, III, and I -I, II, and III -III, II, and I -II, I, and III -III, I, and II
III, I, and II
What is the result of the Supreme Court's ruling in Miranda v. Arizona? -Police officers must read a suspect his or her rights upon arrest; otherwise, the case against the defendant must be dismissed. -If the police officer fails to read a suspect his or her rights upon arrest, the suspect's confession cannot be used in any court. -This case established the exclusionary rule that any illegally obtained evidence cannot be used in court. -If a defendant is not read his or her rights upon arrest, a confession cannot be used in court unless it is given voluntarily. -The confession of a defendant who has not been read his or her rights upon arrest may be used in court, but the defendant may bring a civil suit against the arresting officer.
If the police officer fails to read a suspect his or her rights upon arrest, the suspect's confession cannot be used in any court.
All of the following contribute to the success of incumbent members of Congress in election campaigns EXCEPT: -Incumbents raise more campaign funds than do their challengers. -Incumbents tend to understand national issues better than their challengers. -Incumbents are usually better known to voters than are their challengers. -Incumbents can use legislative staff to perform campaign services. -Incumbents usually sit on committees that permit them to serve district interests.
Incumbents can use legislative staff to perform campaign services.
What happens to a bill that is not signed or vetoed within ten days while Congress is still in session? -It becomes law automatically, without the president's approval. -It is "pocket vetoed" and does not become law. -It becomes law as soon as Congress adjourns; until then, the president may veto it. -It is held over until the next session of Congress. -It becomes law of 60 percent of both Houses of Congress approve it.
It becomes law automatically, without the president's approval.
From the standpoint of a federal agency, what is the advantage of an iron triangle? -It gives the agency allies in Congress, as well as in the private sector. -It allows federal agencies to receive funding directly from interest groups. -It provides agency heads with access to the media, so they can publicize their programs. -It gives the federal agency a direct link to the White House staff. -It prevents Congress from using oversight hearings as a means of cutting agency budgets.
It gives the agency allies in Congress, as well as in the private sector.
The primary election system of selecting presidential candidates has had which of the following effects? -It has increased the importance of state party organizations. -It has loosened the hold of party leaders over the nomination process. -It has reduced the role of citizens in the candidate selection process. -It has lowered the cost of running for office. -It has led to a decline in the importance of party voter-registration drives.
It has loosened the hold of party leaders over the nomination process.
How has the appointment of federal officials changed over time? -It has become more political because more government jobs have been created and are fulfilled through patronage. -It is now based solely on merit; all federal employees must take the civil service exam. -It is a combination of merit and political appointment with most jobs in the bureaucracy based on an exam or specific job qualifications. -Prospective employees take a civil service exam, and the person with the best score who is also a member of the president's political party is awarded the position. -There is no set procedure for filling jobs in the bureaucracy; each agency has its own rules.
It is a combination of merit and political appointment with most jobs in the bureaucracy based on an exam or specific job qualifications.
Which of the following Supreme Court decisions dealt with the concept of the exclusionary rule and evidence being obtained by illegal means? -Mapp v. Ohio -Korematsu v. United States -Bakke v. Board of Regents -Plessy v. Ferguson -Munn v. Illinois
Mapp v. Ohio
A filibuster in the Senate can be used to talk a bill to death. A cloture vote can end a filibuster. Taken together, what is the impact of these practices? -Neither political party can control the Senate unless it has at least sixty votes. -A party with fifty-one votes can get most of its legislative agenda passed. -The Senate rarely passes legislation on controversial issues. -Most important decisions are made in committees because it is difficult to pass a bill in the Senate as a whole. -The president's party has a significant advantage because the vice-president of the United States can break a tie vote in the Senate.
Neither political party can control the Senate unless it has at least sixty votes.
The overwhelming majority of criminal cases in the United States are tried in -federal district courts -appellate courts only -state and local courts -federal appellate courts -federal judiciary courts
state and local courts
The establishment clause in the First Amendment does which of the following? -Guarantees freedom of speech to all citizens -Prevents prior restraint of the press -Prohibits the setting up of a state church -Defines the concept of dual citizenship -Allows citizens to enter freely intro contracts with other citizens
Prohibits the setting up of a state church
Which of the following best defines civil liberties? -The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights -Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government -Precedents pertaining to criminal procedure that are set by the Supreme Court that are upheld in the lower courts -Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups -Laws passed by Congress to define the powers and privileges of individuals
Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government
Which of the following statements best describes the Supreme Court's position on affirmative action? -Quotas can be used in college admissions to achieve a racially balanced student body. -Laws should be color-blind and race neutral. -Quotas can be used in construction contracts, but not in hiring or in college admissions. -Affirmative actions programs are not legal, because they are reverse discrimination. -Quotas are viewed with strict scrutiny, but preferences are acceptable for the purpose of achieving diversity.
Quotas are viewed with strict scrutiny, but preferences are acceptable for the purpose of achieving diversity.
Which of the following definitions BEST describes inalienable rights? -Rights based on the common consensus -Rights established through political justice -Rights based upon a military code of fairness -Rights based on nature and Providence -Rights established through political compromise
Rights based on nature and Providence
In Gideon v. Wainwright, the United States Supreme Court ruled that the -Bible could not be distributed at public schools under the free exercise clause of the First Amendment -exclusionary rule prevented the introduction of evidence seized in violation of the Fourth Amendment from being introduced in court -eminent domain clause of the Fifth Amendment prevents government from taking religious property for public purposes -Sixth Amendment right-to-counsel provision applied to those accused of major crime under state laws -Eighth Amendment cruel-and-unusual punishment provision cannot be applied in a discriminatory manner
Sixth Amendment right-to-counsel provision applied to those accused of major crime under state laws
Which of the following is the Latin term for "let the decision stand," the principle of precedent in the judicial system? -Stare decisis -En loco parentis -Habeas corpus -Writ of certiorari -Pluribus principalus
Stare decisis
What is the main result of judicial review? -The Supreme Court is protected from interference by the executive. -The Supreme Court has the power to revise state laws. -The Constitution is safeguarded from popular passions. -The Supreme Court has the power to advise Congress in drafting bills. -The Supreme Court provides supervision of the lower courts.
The Constitution is safeguarded from popular passions.
The Ku Klux Klan burns a cross at a rally across the street from a predominantly African American Baptist Church. The members of the church are offended by what they view as a hateful display. How would the courts most likely rule? -The First Amendment protects hate speech. -The First Amendment does not protect cross burning because it is intimidating. -The First Amendment protects hate speech, but burning a cross is not speech and is not protected. -The First Amendment protects hate speech, unless a community decides to ban it. -The First Amendment does not protect hate speech.
The First Amendment protects hate speech.
The United States has used which of the following to incorporate the Bill of Rights into state law? -The necessary and proper clause -The Fourteenth Amendment -The Judiciary Act of 1789 -The Civil Rights Act of 1964 -The Voting Rights Act of 1965
The Fourteenth Amendment
Which of the following did the most to expand civil rights in the 1950's? -State legislative decisions desegregating public accommodations -State court decisions outlawing poll taxes -The passage of voting-rights legislation by Congress -Executive orders mandating affirmative actions -The Supreme Court decision declaring state-mandated school segregation to be unconstitutional
The Supreme Court decision declaring state-mandated school segregation to be unconstitutional
As a result of desegregation plans that required students to be bused in central-city schools, many whites moved to the suburbs. How did the courts respond to this "white flight"? -The Supreme Court held that white flight was de facto segregation and ordered busing across district lines. -The Supreme Court ordered central-city schools to develop magnet programs to prevent white flight. -The Supreme Court ruled that intercity busing could be ordered only if both districts practiced school segregation. -The Supreme Court refused to take the case on grounds of federalism because school district boundaries are set by the states. -The Supreme Court refused to order cross-district busing because most of the public opposed it.
The Supreme Court ruled that intercity busing could be ordered only if both districts practiced school segregation.
A house is searched without a valid search warrant, and a dead body is found. What would be the most likely outcome? -The discovery of the body could be used in court because it is the best evidence that a murder occurred. -The discovery of the body could not be used as evidence because it was discovered without a warrant, but hair samples on the body could be used in DNA testing. -The case could not be prosecuted because the exclusionary rule would prevent any evidence of the murder from being presented in court. -The case could be prosecuted with independent evidence, but the discovery of the body could not be used under the exclusionary rule. -This case would be decided under state law because many states have passed laws eliminating the exclusionary rule.
The case could be prosecuted with independent evidence, but the discovery of the body could not be used under the exclusionary rule.
Which of the following was the most immediate reaction to the Supreme Court decision in Brown v. Board of Education (1954)? -Surprisingly, an almost immediate end to segregated education took place. -A constitutional amendment was passed to strengthen the ruling. -Busing of inner-city students to suburban schools was established voluntarily. -There was a rapid growth in private white schools in the South. -There was a national show of support for a long-overdue Supreme Court decision.
There was a rapid growth in private white schools in the South.
A nonlitigant group or individual that wants to attempt to influence the court in a particular case can file -an amicus curiae brief -a writ of error Coram Nobis -a habeus corpus petition -a writ of certiorari -a writ of mandamus
an amicus curiae brief
Why is the all-male draft constitutional even though it is gender discrimination? -because it meets the standard of strict scrutiny--men are much more effective in combat than women -because it meets mid-level scrutiny--on average, women have less upper body strength than men -because there is a rational basis for the law---the nation has never needed so many troops that it required women in combat -because discrimination against men is legal--they are not in a protected class -the all-male draft has not been challenged in the Supreme Court because the Court avoids what it considers political questions
because it meets mid-level scrutiny--on average, women have less upper body strength than men
Due process protects a U.S. citizen from -having his or her property seized without just reimbursement -having untrue things written about him or her -being imprisoned without a proper trial -being forced to house soldiers in his or her home -being required to register for military service
being imprisoned without a proper trial
All of the following made it difficult for African Americans to gain equality EXCEPT -blacks were in the minority population in the states with the most discrimination -lower income whites were worried that gains by blacks would be at their expense -because blacks could not vote, they had little influence in policy-making -racism by whites blocked blacks' efforts to gain equality -until the early 1960s, most citizens of the North did little to help blacks in the South gain equality
blacks were in the minority population in the states with the most discrimination
Which of the following cases most likely involves a violation of civil rights? -classifying people into brackets on the basis on income and taxing them at different rates -conducting a search without a warrant or probable cause -classifying people using any system that treats one group of people differently than another -classifying people and treating them differently on the basis of race or gender -giving adults more rights, such as voting and drinking alcohol, than the rights possessed by minors
classifying people and treating them differently on the basis of race or gender
The House Rules Committee does all of the following EXCEPT -adopts procedures under which the House will consider a bill -sets time limits on debate -permits or forbids amendments on the floor -reviews bills and places them on a calendar -establishes a number of votes needed for a bill to pass in the House
establishes a number of votes needed for a bill to pass in the House
All of the following situations involve civil liberties EXCEPT -an angry protestor burns an American flag -a burglary suspect is read her rights before questioning -homosexuals challenge a ban on gay marriage in court -a group sacrifices a goat as part of a religious ceremony -a state provides funds to increase salaries of teachers in religious schools
homosexuals challenge a ban on gay marriage in court
Decisions reached by the Supreme Court under the leadership of Chief Justice Earl Warren (1953-1969) did all of the following EXCEPT -rule against malapportionment in state legislatures -void state statutes that permitted school segregation -invalidate state abortion statutes -expand the rights of criminal defendants -increase protections fro First Amendment freedoms
invalidate state abortion statutes
A bill of attainder is a -bill passed by Congress that applies to only one individual -compromise bill passed by both the House of Representatives and the Senate -decision by an executive branch official that does not need to be approved by Congress -law that declares that an action of an individual can be punished without a trial -law that guarantees benefits to certain individuals who meet certain criteria
law that declares that an action of an individual can be punished without a trial
After many delays, all of the following events enabled the passage of the Civil Rights Act of 1964 EXCEPT -public opinion was changing, and more whites supported civil rights -the media, making the public aware of the discrimination faced by blacks, showed violence by white segregationists -President Kennedy, who was a proponent of civil rights, was assassinated -most southern whites favored desegregation once public schools became integrated -the government was united, with Democrats controlling the presidency, House, and Senate
most southern whites favored desegregation once public schools became integrated
A judge who believes that the Constitution should be interpreted according to its literal meaning and in its historical context favors what approach? -judicial activism -original intent -limited jurisdiction -dual federalism -states' rights
original intent
Jim Crow Laws, still in place in the early 1960s in the South, were outlawed by -incorporation of the Bill of Rights -1963 march on Washington -passage of the 1964 Civil Rights Act -Supreme Court decision in Brown v. Board of Education of Topeka -Supreme Court decision in Dred Scott v. Sandford
passage of the 1964 Civil Rights Act
The congressional power that has been contested most frequently in federal courts is the power to -establish post offices -coin money -levy taxes -regulate commerce with foreign nations -regulate interstate commerce
regulate interstate commerce
Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the -rights of gay and lesbian women -right of privacy -right to an abortion -right to freedom from cruel and unusual punishment -right of women to equal protections before the law
right of privacy
President Cleveland used federal troops to break up a labor strike, and President Eisenhower sent federal troops to desegregate Central High School in Little Rock, Arkansas. Which clause of the Constitution gave them this power? -serve as commander in chief of the armed forces -convene Congress in special sessions -commission officers in the armed forces -take care that the laws be faithfully executed -wield the "executive power"
take care that the laws be faithfully executed
In the 1960s, Denver, Colorado, had several racially distinct neighborhoods. Denver Public Schools developed a neighborhood schools plan in which students would attend the school closest to home. On what grounds was this plan challenged? -that it was de jure segregation -that it was de facto segregation -that the plan did not allow students the freedom to travel to a school of their choice -that the plan would not allow black students to attend schools with whites -there was no valid legal basis for challenging this plan
that it was de facto segregation
What is "selective incorporation"? -the idea that corporations cannot be held liable for violations of civil liberties because they are nongovernmental entities -the interpretation of the due-process clause of the Fourteenth Amendment to apply the fundamental rights in the Bill of Rights to protect people from state action -the interpretation of the due-process clause of the Fourteenth Amendment to apply all of the Bill of Rights to protect people from state action -the concept that rights must be balanced with liberties and that the rights of the majority generally prevail -the idea that each state must include the Bill of Rights in its constitution
the interpretation of the due-process clause of the Fourteenth Amendment to apply the fundamental rights in the Bill of Rights to protect people from state action
The voting patterns of Congress correlate most strongly with -the population density of their districts -their economic background -their educational level -their political party affiliation -the location of their districts
their political party affiliation
The "Miranda warning" represents an attempt to protect criminal suspects against -unfair police interrogation -biased jury selection -imprisonment without trial -illegal wiretapping -unjustified police surveillance
unfair police interrogation
The formal writ used to bring a case before the Supreme Court is called the -writ of mandamus -writ of certiorari -writ of habeas corpus -writ of theocracy -writ of court consent
writ of certiorari
Interact Club is a school-sponsored organization that prays around the flagpole of a public school every morning before school. Is this activity constitutional? -no, because the prayer takes place on school grounds, which is a violation of the establishment clause -no, because the prayer is part of a school sponsored club, which is a violation of the establishment clause -no, because it is a violation of both the establishment clause and the free-exercise clause to pray on the grounds of a public school -yes, because the prayer takes place before the school day -yes, because the prayer is part of a club, not part of a class, and it could take place at any time during the school day
yes, because the prayer takes place before the school day
