Gov Quiz Unit 3 Part 2

Which of the following scenarios would most likely be considered a violation of the Eighth Amendment?

A minor is sentenced to the death penalty

Which of the following scenarios would most likely be considered a violation of the Second Amendment?

A state bans the sale and purchase of handguns

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A suspect is not informed that anything he says while under arrest can be used in his trial against him

Which of the following scenarios would most likely be considered a violation of the Fourth Amendment?

A suspect's property is searched before a warrant is issued

A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights.

The "public safety" exception

Which of the following best describes the message in the political cartoon? (federal and state govts)

The Supreme Court has been able to prevent state government infringement of basic liberties protected under the Bill of Rights by applying the Fourteenth Amendment

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963)Roe v. Wade (1973)

-Decided that the state had to provide legal counsel for the poor or indigent -Decided that the right to privacy extended to a woman's right to have an abortion

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963) McDonald v. Chicago (2010)

-Decided that the state had to provide legal counsel for the poor or indigent -Decided that the state could not restrict people from owning a gun for self-defense

Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963)McDonald v. Chicago (2010)

-Incorporated a right to legal counsel -Incorporated the right to bear arms for self-defense

Examine the infographic and answer the question below. Views on Abortion and Roe v. Wade Based on the information in the graphic, which of the following claims would an opponent of the ruling in Roe v. Wade most likely make?

43% of Americans believe that abortion is morally wrong

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration? Choose 1 answer:

Antoni starts yelling for other protestors to light buildings on fire and the police arrest him

The exclusionary rule can best be described as which of the following?

Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone

Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?

In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual's right to own a gun

Which statement accurately summarizes the impact of the Roe v. Wade (1973) decision?

It incorporated a woman's right to privacy when having an abortion to state and local governments

Which statement accurately summarizes the impact of the Gideon v. Wainwright (1963) decision?

It incorporated the right to legal counsel, as protected under the Sixth Amendment, to state and local governments

"The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense." Associate Justice Scalia, majority opinion in D.C. vs Heller (2008), source: Justia In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C. In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?

McDonald v. Chicago

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

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

McDonald v. Chicago (2010)

In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. Police officers arrested the Executive Director of the Planned Parenthood League of Connecticut after she disobeyed this law. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights imply that people have a right to privacy. Which of the following cases is also an example of a right-to-privacy case? Choose 1 answer:

Roe v. Wade (1973)

"[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State." Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973) Which of the following statements is most consistent with the author's argument in this passage?

The Bill of Rights implies that there is a right to privacy that the government cannot infringe upon

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Based on the text, which of the following amendments was the focus of the Court's ruling in Ford v. Wainwright (1986)?

The Eighth Amendment

Which of the following amendment protects citizens from cruel and unusual punishments?

The Eighth Amendment

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this? Choose 1 answer:

The Fourteenth Amendment applies the Second Amendment to the states

In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?

The Fourth Amendment

Which of the following amendments is most relevant to the topic of the cartoon?

The Fourth Amendment

Which of the following amendments protects citizens from unreasonable searches and seizures?

The Fourth Amendment

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden?

The Fourth Amendment in the Bill of Rights

In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. Which of the following amendments was the focus of the Court's ruling?

The Second Amendment

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment does not protect a person's right to have a weapon for self-defense

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment protects a person's right to own a gun from government infringement

In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled?

The Supreme Court has usually made decisions that uphold the right of an individual to own a gun

Which of the following best describes the message of the GIF above?

The Supreme Court's recent interpretations of the Second Amendment reflect a commitment to individual liberty

After the terrorist attack on September 11th, the United States issued the USA PATRIOT Act, giving federal agencies the power to conduct surveillance and perform searches. Which of the following best describes the message in the political cartoon?

The USA PATRIOT Act has given the government too much power to perform searches, which should be unconstitutional under the Fourth Amendment

In 1988 and 1989, the Pennsylvania legislature amended its abortion control law. The changes included requiring a 24 hour waiting period for the procedure and that a married woman must notify her husband that she intends to have an abortion. In a 5-4 ruling, the Court upheld most of the Pennsylvania laws because they did not create a "substantial obstacle" to a woman seeking an abortion. This became known as the undue-burden test. Which of the following statements best summarizes the relationship between the case described in the scenario and Roe v. Wade (1973)? Choose 1 answer:

The decision in the case above upheld Roe v. Wade (1973), but created a new standard to determine if the state was interfering with a woman's right to choose

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)? Choose 1 answer:

The due process clause

Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment?

The federal government passes a law banning the sale of automatic weapons to anyone under the age of twenty-one

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with?

The need for public safety should not exceed an individual's protection from unreasonable search and seizure

"National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans." A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015 Based on the text, which of the following statements would Senator Lankford most likely agree with?

The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security

Which of the following civil liberties is protected under the Second Amendment?

The right to own guns

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Which of the following statements is most consistent with the author's argument in this passage?

There are limits on who can be given a death penalty sentence