Unit 3

Which of the following decisions is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision?

A decision in favor of students holding signs that protest a new policy

The Fourteenth Amendment's equal protection clause declares that "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." In which of the following scenarios is this clause most likely to be used by the Supreme Court in its decision?

A local school district mandates racially segregated schools.

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court?

A person who is unable to afford an attorney is tried and convicted of a crime without legal representation.

Which of the following would most likely be protected by the First Amendment?

A student wears a black armband at school to protest government involvement in a war.

The Supreme Court addressed policies related to government hiring practices and race in City of Richmond v. J. A. Croson Company. In 1983, the local government in Richmond, Virginia enacted a regulation that required companies that received contracts from the city to subcontract at least 30 percent of that work to minority business enterprises. When the J.A. Croson Company lost a contract due to this regulation, they sued the city. The court found in favor of the business, reasoning that racial quotas were not protected by the Fourteenth Amendment and were an impermissible requirement for employment Which of the following issues was the primary concern in City of Richmond v. J. A. Croson Company?

Affirmative action policies intended to address workplace and educational disparities.

Which of the following best illustrates the protection of an individual's Fifth Amendment rights?

After arrest, a suspect is informed of the right to remain silent during interrogation.

A school district in Seattle used the race of students as a tie-breaking factor to determine which students would be admitted to the more popular schools in an attempt to maintain racial diversity. In the case Parents Involved in Community Schools v. Seattle School District No. 1 (2007), the Supreme Court ruled this plan unconstitutional under the Fourteenth Amendment. Which of the following statements offers the most accurate comparison between this case and the decision in Brown v. Board of Education of Topeka (1954) ?

Both cases ruled against the school district based on the equal protection clause.

In the case Boynton v. Virginia (1960), the Supreme Court ruled that segregation at a bus stop restaurant was illegal based on the Interstate Commerce Act. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?

Both cases struck down local ordinances that prescribed segregation.

In the case Guey Heung Lee v. Johnson (1971), the parents of Chinese American students who attended a primarily Asian American school challenged San Francisco's effort to desegregate the public schools, arguing that their culture and language would be diluted if their children were dispersed from their local school. The Supreme Court denied the challenge from the parents basing their decision on the Fourteenth Amendment. Which of the following cases was most likely used in the decision as a precedent?

Brown v. Board of Education of Topeka (1954)

Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior?

Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality.

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can be considered in college admissions, Justice Lewis Powell wrote: "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. . . . The . . . goal asserted by petitioner is the attainment of a diverse student body. This clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a university to make its own judgments as to education includes the selection of its student body." According to the quote, what was the likely effect of the Court's ruling in the Bakke case?

Colleges could have considered race but could not use strict racial quotas in admission practices.

Which of the following constitutional clauses was most relevant to the right to privacy?

Due process clause

The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent?

Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press.

A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court's decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court's decision, which of the following lines of reasoning does the court most likely use?

Freedom of the press requires that the government show a significant danger to national security in order to stop publication.

Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state?

Gideon v. Wainwright (1963)

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.

In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty?

McDonald v. Chicago (2010)

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario?

Schenck v. United States (1919)

In the case of McDonald v. Chicago (2010) the Supreme Court ruled that the Second Amendment right to keep and bear arms for self-defense was applicable to the states. This ruling is an example of the application of the doctrine of

Selective incorporation

The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision?

Selective incorporation

After hours of interrogation by police a suspect confesses to multiple felony offenses. His attorney objected to the admission of the confession because he was not advised of his right to have an attorney present nor his protection from self-incrimination. Which amendments are most relevant to this scenario?

The Fifth and Sixth Amendments

In Brown v. Board of Education of Topeka (1954), the Supreme Court ruling limited state action in segregating public school students based on their race, stating "separate educational facilities are inherently unequal." The Court pointed to which of the following amendments to the United States Constitution to achieve this ruling?

The Fourteenth Amendment

In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition." The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?

The Second Amendment

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ?

The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.

In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through which of the following constitutional clauses?

The due process clause of the Fourteenth Amendment

The clause of the United States Constitution that was used in the Supreme Court's ruling in Brown v. Board of Education of Topeka (1954) was

The equal protection clause

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial?

The exclusionary rule

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?

The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?

The heavy presumption against prior restraint

An investigative reporter uncovers illegal and unethical behavior on the part of a state government official. When the local newspaper announces that it will publish the story, the state government issues an injunction to stop the story from being released before being reviewed by government lawyers. Which of the following best represents how the court will most likely respond to the case?

The newspapers will be permitted to publish the story without a review by the government's lawyers.

At a public high school, several students raised a banner and wore clothing in support of a candidate running in the upcoming presidential election during lunch period. The principal asked the students to put away the banner, citing safety concerns. Which of the following Supreme Court cases is most relevant to this scenario?

Tinker v. Des Moines Independent Community School District (1969)

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs?

Tinker v. Des Moines Independent Community School District (1969)

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?

Wisconsin v. Yoder (1972)

Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens?

Wisconsin v. Yoder (1972)

The Supreme Court addressed the admissions policy of the University of Michigan Law School in Grutter v. Bollinger (2003). Justice Sandra Day O'Connor wrote for the court, "in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants." The primary issue in the Grutter v. Bollinger decision involves

affirmative action