ap gov civil liberties and judicial branch

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating

"judicial restraint"

Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ?

A citizen calls a member of Congress to persuade her to vote yes on a bill.

Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment?

A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.

Which of the following statements best describes how United States citizens regard the rights of free speech and assembly?

A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support.

Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment?

A person wears a necklace bearing a Christian cross to work.

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.

Which of the following is most likely to be considered speech that is protected by the First Amendment?

An individual posts something on social media that is highly critical of the president.

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions?

Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour.

Which of the following pairs of cases used the Fourteenth Amendment's due process clause to expand individual liberties?

Case 1- Roe v. Wade (19730 Case 2- Gideon v. Wainwright (1963)

To which level of government did the Bill of Rights originally apply?

Federal government only

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion?

The courts

The Supreme Court has ruled which of the following concerning the death penalty?

The death penalty is not necessarily cruel and unusual punishment.

Which of the following attributes of the political cartoon would best represent the government's use of prior restraint?

The fallen pillars

Which of the following factors most likely led to shifts in Supreme Court decision making over time?

The ideological composition of the justices on the Supreme Court shifted to become less liberal over time.

Based on the data in the chart, which of the following is true?

The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996

Which of the following is one of the central concerns of the First Amendment?

The right of citizens to petition the government for redress of grievances

All of the following serve as checks on the power of the federal courts EXCEPT:

The voters can oust federal judges in national elections.

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 best reflects a function of the Supreme Court in Article III of the Constitution?

To serve as the highest court of appeals

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional?

Try to amend the Constitution.

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation?

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state

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)

In Roe v. Wade, the majority of Supreme Court justices determined that

the United States Constitution implies a right to privacy and thus made abortions legal

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

The doctrine of original intent holds that

the meaning of the Constitution depends on the intention of the framers

The Supreme Court's decision about abortion in Roe v. Wade was based on

the right to privacy implied in the Bill of Rights

The "Miranda warning" represents an attempt to protect criminal suspects against

unfair police interrogation

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 rulings 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 ruling in favor of students to print their opinions in a school newspaper

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.

In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision?

Congress could enact legislation to amend Title VII of the Civil Rights Act.

Which of the following is an accurate comparison of the establishment clause and the free exercise clause?

Establishment Clause Prohibits the federal government from promoting religion or creating a national religion Free Exercise Clause Protects an individual's religious beliefs and reasonable religious practices

Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's

Fourteenth Amendment

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)

"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 ordered 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 III

Which of the following is a way Congress can influence the federal judiciary?

It can change appellate jurisdiction of federal courts.

In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument?

It must depend on the executive for enforcement of its decisions.

Which of the following best describes a purpose of the Establishment Clause?

It prohibits Congress from establishing a state religion.

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court?

It protects the right to express opinions even without the actual use of words.

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ?

It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states.

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.

The Federalist No. 78 says, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ?

Marbury v. Madison (1803)

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)

The card shown above was issued as a consequence of which of the following Supreme Court decisions?

Miranda v Arizona

Which of the following statements best describes the information in the map?

Most states in the South and West allow capital punishment.

The facts of which of the following cases are most related to the political cartoon?

New York Times Co. v. United States (1971)

Which of the following headlines is most relevant to the political cartoon?

Nixon Administration Goes to Court to Stop Pentagon Papers Release

The majority party in the Senate is concerned that the Supreme Court has made a number of ideologically dangerous and controversial rulings. Which of the following actions would the Senate take in their attempt to limit the Supreme Court's power?

Pass legislation that would limit the impact of the Supreme Court's recent rulings

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?

Protected by the First Amendment The right to burn a flag Not Protected by the First Amendment Obscenity

Which of the following best defines civil liberties?

Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government

Which of the following Supreme Court cases establishes that a woman has a due process right to make a decision whether or not to have an abortion?

Roe v. Wade (1973)

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)

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

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit?

Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions.

In Gideon v. Wainwright, the United States Supreme Court ruled that the

Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws

Which of the following is a principle underlying the Bill of Rights?

Some rights are fundamental and should not be subject to majoritarian control.

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

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?

The Fourteenth Amendment

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws?

The Fourth Amendment protection against unreasonable search and seizure

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 stated, "that the [Constitution] protects the right to possess a handgun in the home 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

A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate?

The establishment clause

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.

In the case Wickard v. Filburn (1942), Roscoe Filburn was penalized for producing 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938. The law, justified under Congress' power to regulate interstate commerce, limited the amount of wheat an individual could grow. This regulation would keep prices from dropping and prevent farmers from going bankrupt. Filburn claimed that the excess wheat was for his own use, and challenged that no interstate commerce was involved. The Supreme Court ruled that the commerce clause allowed the government to regulate Filburn's personal wheat production, even though it was only indirectly related to interstate commerce. Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995) ?

The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation.

Just beyond the horizon of current events lie two possible political futures—both bleak, neither democratic. The first is a retribalization of large swaths of humankind by war and bloodshed: a threatened Lebanonization of national states in which culture is pitted against culture, people against people, tribe against tribe—a Jihad in the name of a hundred narrowly conceived faiths against every kind of interdependence, every kind of artificial social cooperation and civic mutuality. The second is being borne in on us by the onrush of economic and ecological forces that demand integration and uniformity and that mesmerize the world with fast music, fast computers, and fast food—with MTV, Macintosh, and McDonald's, pressing nations into one commercially homogeneous global network: one McWorld tied together by technology, ecology, communications, and commerce. The planet is falling precipitantly apart and coming reluctantly together at the very same moment. Benjamin Barber, "Jihad vs. McWorld," 1992 Since 1992, how has concern over the increasingly dangerous world described in the passage most affected American political debates?

The federal government has increased its surveillance powers, leading to a debate about the balance between civil liberties and security.

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

Which of the following best explains how poll respondents regard the relationship between the right to own guns and personal freedom?

The poll shows there is an ongoing debate over whether gun control laws promote or interfere with individual rights.

"...If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers. Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people's support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems. We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal. ...When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength...." César Chávez, "He Showed Us the Way," 1978 Which of the following provisions of the Bill of Rights could support the actions that César Chávez is encouraging the farmworkers to take?

The right to assemble

Which of the following is true of nominees for federal judgeships?

They are appointed for life by the President with the advice and consent of the Senate.

Which of the following is true of most federal judges appointed by the president?

They serve for life on good behavior unless impeached and convicted by Congress.

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 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)

A writ of habeas corpus refers to

a person's right to know the reasons for his or her imprisonment

According to the data, both gun owners and non-gun owners

chose freedom of speech as most crucial to their own liberty

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

congress

Congress has the constitutional power to control the judicial branch by

determining the size of the Supreme Court

The "wall of separation" doctrine refers to the

division of church and state

Which of the following principles protects a citizen from imprisonment without trial?

due process

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ?

due process clause

Which of the following constitutional amendments is most related to the issue shown on the map?

eigth amendment

Interest groups are protected under the Constitution by the

first amendment

The process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as

incorporation

The Supreme Court established the incorporation doctrine when the Court

interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could

limit free speech

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to

make most rights contained in the Bill of Rights applicable to the states

The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to

negotiate a plea bargain

The data illustrate that most conservatives believe that the United States Constitution

outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges

In Miranda v. Arizona, the United States Supreme Court declared that

police must inform criminal suspects of their constitutional rights before questioning suspects after arrest

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to

privacy implied in the Bill of Rights

The establishment clause in the First Amendment does which of the following?

prohibits the setting up of a state church

The difference between an appellate court and a district court is that an appellate court

reviews previous court decisions

Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the

right of privacy

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 Constitution and its amendments expressly prohibit all of the following EXCEPT

sex discrimination in employment

With respect to prayer in public schools, the United States Supreme Court has ruled that

state-sponsored prayer violates the establishment clause of the First 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

The free-exercise clause protects

voluntary prayer by student groups before school

According to the clear and present danger test, speech may be restricted

when it incites violent action