AP GOV JUDICIAL BRANCH & CIVIL LIBERTIES

Which of the following pairs of cases used the Fourteenth Amendment's due process clause to expand individual liberties? A) Case 1- Schenck v. United States (1919) Case 2-Engel v. Vitale (1962) B) Case 1- McCulloch v. Maryland (1819) Case 2-New York Times Company v. United States (1971) C) Case 1-Marbury v. Madison (1803) Case 2- McDonald v. Chicago (2010) D) Case 1- Roe v. Wade (1973) Case 2- Gideon v. Wainwright (1963)

Case 1- Roe v. Wade (1973) Case 2- Gideon v. Wainwright (1963)

Which of the following principles protects a citizen from imprisonment without trial? A Representative government B Separation of powers C Due process D Checks and balances E Popular sovereignty

Due process

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ? A Commerce clause B Free exercise clause C Due process clause D Equal protection clause

Due process clause

To which level of government did the Bill of Rights originally apply? A State governments only B Federal government only C State and federal governments only D Local and federal governments only E Local, state, and federal governments

Federal government only

Which of the following United States Supreme Court cases established the principle of judicial review? A McCulloch v. Maryland B Gibbons v. Ogden C Wolf v. Colorado D Roe v. Wade E Marbury v. Madison

Marbury v. Madison

The card shown above was issued as a consequence of which of the following Supreme Court decisions? A Gitlow v. New York B Munn v. Illinois C Regents of University of California v. Bakke D Gideon v. Wainwright E Miranda v. Arizona

Miranda v. Arizona

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? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Roe v. Wade (1973) D Gideon v. Wainwright (1963)

Roe v. Wade (1973)

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? A Full faith and credit B Selective incorporation C Equal protection D Eminent domain

Selective incorporation

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? A The writ of habeas corpus B The exclusionary rule C The Miranda warning D The protection against ex post facto

The exclusionary rule

Which of the following attributes of the political cartoon would best represent the government's use of prior restraint? A The steps of the building B The fallen pillars C The word "democracy" written on the building D The standing pillars

The fallen pillars

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? A The application of strict scrutiny B The exclusionary rule for evidence C The heavy presumption against prior restraint D Time, place, and manner restrictions

The heavy presumption against prior restraint

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 A judicial review B incorporation C broad construction D federalism E stare decisis

incorporation

According to the clear and present danger test, speech may be restricted A when it incites violent action B when it lacks a political purpose C whenever the United States is at war D if it is deemed offensive to religious organizations E if the writer or speaker is not a citizen of the United States

when it incites violent action

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating A "Social Darwinism" B "judicial activism" C "judicial restraint" D "incorporation" E "nullification"

"judicial restraint"

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 A ruling in favor of students to print their opinions in a school newspaper B A ruling against a public school's practice of having prayer at school assemblies C A ruling supporting the creation of gun-free zones in public schools D A ruling enforcing mandatory vaccinations for all children before attending school

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

Which of the following best illustrates the protection of an individual's Fifth Amendment rights? A An appeals court rules that a lower court imposed excessive punishment on an individual who broke a law. B A judge blocks an attempt by law enforcement to search a home without probable cause. C After arrest, a suspect is informed of the right to remain silent during interrogation. D During a time of war, soldiers are not quartered in a person's home without the consent of the owner.

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? A A newspaper publishes a factually untrue article that defames the reputation of a public individual. B A group of people who are upset with a judge's decision stage a protest on the judge's private property. C An individual posts something on social media that is highly critical of the president. D A person threatens to commit an act of violence in an online video.

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

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ? A Article I B Article III C The First Amendment D The Tenth Amendment

Article III

Which of the following is a primary function of the Senate Judiciary Committee? A Conducting oversight hearings on the Supreme Court budget B Conducting investigations into allegedly subversive activities C Conducting hearings on judicial appointments made by the president D Conducting investigations into wrongdoing by the executive branch E Initiating appointments to the Supreme Court

Conducting hearings on judicial appointments made by the president

The number of justices on the United States Supreme Court is set by A national convention B Congress C the president D the United States Constitution E the American Bar Association

Congress

Which of the following constitutional amendments is most related to the issue shown on the map? A Second Amendment B Eighth Amendment C Sixteenth Amendment D Twenty-Sixth Amendment

Eighth Amendment

Which of the following best explains the principle of stare decisis? A It requires that at least four Supreme Court justices agree to hear a case. B It encourages presidents to take judicial experience into account when nominating judges. C It encourages judges to follow precedent when deciding cases. D It reinforces the philosophy of judicial activism. E It increases the number of cases judges are required to hear.

It encourages judges to follow precedent when deciding cases.

Which of the following best describes a purpose of the Establishment Clause? A It gives Congress the power to protect civil rights and civil liberties. B It prohibits Congress from establishing a state religion. C It empowers Congress to create a national bank. D It prevents Congress from prohibiting the possession of guns on school grounds. E It grants Congress the power to establish post roads and post offices

It prohibits Congress from establishing a state religion.

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ? A It ruled that the state had an overarching right to prohibit women of all ages from having abortions anytime during their pregnancies. B It ruled that the state had a justifiable interest to legalize abortion. C It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states. D It ruled that the case was moot, as Roe's pregnancy had ended by the time the case came up for review.

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

"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature." Brutus 15 Which of the following cases is most related to the quote? A Marbury v. Madison (1803) B McCulloch v. Maryland (1819) C McDonald v. Chicago (2010) D United States v. Lopez (1995)

Marbury v. Madison (1803)

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that A justices are expected to act like politicians in their decision-making B Presidents seek to place individuals on the Court whose policy views are similar to their own C the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process D appointment to the Supreme Court is a reward for political party loyalty E the Court is expected to defer to the political branches in making its decisions

Presidents seek to place individuals on the Court whose policy views are similar to their own

The establishment clause in the First Amendment does which of the following? A Guarantees freedom of speech to all citizens. B Prevents prior restraint of the press. C Prohibits the setting up of a state church. D Defines the concept of dual citizenship. E Allows citizens to enter freely into contracts with other citizens.

Prohibits the setting up of a state church.

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? A Tinker v. Des Moines Independent Community School District (1969) B Engel v. Vitale (1962) C New York Times v. United States (1971) D Schenck v. United States (1919)

Schenck v. United States (1919)

Which of the following is a principle underlying the Bill of Rights? A The people should control all aspects of governance. B Some rights are fundamental and should not be subject to majoritarian control. C The legislature should be the most powerful branch of government. D All people should be guaranteed the same rights, whether they are citizens or not. E It is groups rather than individuals that have fundamental rights and immunities.

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

Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President? A The Court has steadily favored the expansion of presidential power at the expense of Congress. B The Court has refused to allow Congress to subpoena officials from the executive branch. C The Court generally has tried to avoid deciding conflicts between Congress and the President. D The Court has supported congressional limits on the President's powers as commander-in-chief. E The Court has supported congressional use of the legislative veto as a means of controlling the President.

The Court generally has tried to avoid deciding conflicts between Congress and the President.

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? A The Fourth and Fifth Amendments B The Fifth and Sixth Amendments C The Sixth and Eighth Amendments D The Fourth and Eighth Amendments

The Fifth and Sixth Amendments

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? A The First Amendment B The Second Amendment C The Third Amendment D The Fourth Amendment Answer D

The Second Amendment

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur? A The Supreme Court will reconsider the case, and overturn the lower court decision. B The Supreme Court will reprimand the lower court judge for improperly deciding the case. C The plaintiffs or defendents will file motions for a change of venue. D The case will be retried at the lower court level. E The Supreme Court will not hear the appeal.

The Supreme Court will not hear the appeal.

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? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment

The due process clause of the Fourteenth Amendment

Which of the following best reflects a function of the Supreme Court in Article III of the Constitution? A To interpret the constitutionality of laws passed by Congress B To adjudicate disputes between the president and Congress C To overturn legislation passed by the state legislatures D To serve as the highest court of appeals

To serve as the highest court of appeals

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? A United States v. Lopez (1995) B Brown v. Board of Education of Topeka (1954) C Tinker v. Des Moines Independent Community School District (1969) D Wisconsin v. Yoder (1972)

Wisconsin v. Yoder (1972)

According to the data, both gun owners and non-gun owners A answered similarly regarding the importance of the right to own guns B believed that the right to vote was less critical than freedom of religion C chose freedom of speech as most crucial to their own liberty D demonstrated deep division between one another in most categories

chose freedom of speech as most crucial to their own liberty

To influence policy making by the federal courts, the president may do all of the following EXCEPT A take partisanship into account in making judicial appointments B take political ideology into account in making judicial appointments C fire and replace federal judges D make public statements about issues that might appear before the courts E encourage the Justice Department to get involved in cases that test certain issues

fire and replace federal judges

The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as A original intent B judicial restraint C judicial activism D judicial review E stare decisis

judicial activism

The 1973 Roe v. Wade decision that upheld a woman's right to secure an abortion was based on the right to A privacy implied in the Bill of Rights B equality guaranteed by the Fourteenth and Fifteenth amendments C due process of law enumerated in the Fifth and Sixth amendments D adequate medical care implied in the Preamble to the Constitution E life, liberty, and the pursuit of happiness enumerated in the Declaration of Independence

privacy implied in the Bill of Rights

The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by A reducing the pay of the justices to pressure them to reverse their decision B overruling the Supreme Court's decision by a two-thirds vote in Congress C impeaching the justices in the majority D refusing to actively enforce the decision

refusing to actively enforce the decision

The Constitution and its amendments expressly prohibit all of the following EXCEPT A slavery B double jeopardy C cruel and unusual punishment D unreasonable searches and seizures E sex discrimination in employment

sex discrimination in employment

The Supreme Court's decision about abortion in Roe v. Wade was based on A the right to privacy implied in the Bill of Rights B guarantees of freedom of religion contained in the First Amendment C the due process clause in the Fifth Amendment D the equal protection clause in the Fourteenth Amendment E a federal statute legalizing abortion

the right to privacy implied in the Bill of Rights

The "Miranda warning" represents an attempt to protect criminal suspects against A unfair police interrogation B biased jury selection C imprisonment without trial D illegal wiretapping E unjustified police surveillance

unfair police interrogation

Which of the following statements best describes how United States citizens regard the rights of free speech and assembly? A A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support. B A majority actively supports these rights without any reservations. C A majority opposes these rights in principle. D The average citizen is more supportive of these rights than are members of the elite. E Conservatives have traditionally been more supportive of these rights than have liberals.

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 A student wears a T-shirt to public school portraying an illegal substance. B A person legally purchases a firearm for the purpose of self-defense. C A person wears a necklace bearing a Christian cross to work. D A state mandates the reading of a prayer at the beginning of the school day.

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

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 A witness is called to testify against a suspect accused of plotting a terrorist attack. B A police officer acts to stop a crime while it is being committed but does so without a warrant. C A person who is unable to afford an attorney is tried and convicted of a crime without legal representation. D A suspect is informed of the right to an attorney but confesses to a crime prior to receiving legal advice.

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 A reporter knowingly publishes a false story that injures the subject's reputation. B A student wears a black armband at school to protest government involvement in a war. C An individual issues a threat against another individual on social media. D An individual spray paints graffiti on a public building to protest a government action.

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

Which of the following describes the origin of the United States court system presented in the diagram? A Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier. B McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts. C Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress. D Marbury v. Madison (1803) allowed Congress to create other federal courts.

Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.

Which of the following statements best explains the diagram? A The United States District Court is the starting place for all cases going to the United States Supreme Court. B State supreme courts have the final say in all cases arising in the states. C Cases arising at both the state and federal level may be appealed to the United States Supreme Court. D The number of federal courts is greater than the number of state courts.

Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them? A The Supreme Court B Congress C The President D The Department of Justice E The attorney general

Congress

Interest groups are protected under the Constitution by the A provisions of Article I, Section 8 B First Amendment C Ninth Amendment D Tenth Amendment E Fourteenth Amendment

First Amendment

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 A Preamble B necessary and proper clause C supremacy clause D Tenth Amendment E Fourteenth Amendment

Fourteenth Amendment

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? A Freedom of the press cannot be abridged except for restrictions on time, place, and manner of the communication. B Freedom of the press requires that the government show a significant danger to national security in order to stop publication. C Freedom of the press permits the press to print any story, but if the story embarrasses public officials, they can sue under defamation laws. D Freedom of the press cannot be abridged by the actions of the president without a law passed by Congress.

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

"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 excerptabove? The incorporation doctrine The concept of eminent domain The exclusionary rule The "wall of separation" doctrine A I and II B I and III C I and IV D II and III E II and IV

I and III

In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment's protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following? A The Supreme Court oftentimes overrules lower court decisions. B Constitutional amendments can be used to overturn previous Supreme Court decisions. C The executive branch can sometimes evade Supreme Court decisions. D Ideological changes to the Supreme Court can lead to the overturning of precedent.

Ideological changes to the Supreme Court can lead to the overturning of precedent.

In which of the following ways could the president try to limit the impact of a Supreme Court decision? A Calling for the removal of the Supreme Court justices B Instructing the Department of Justice to not enforce a provision of the decision C Passing legislation that overrides the Court's opinion D Changing the jurisdiction of the Supreme Court

Instructing the Department of Justice to not enforce a provision of the decision

Which of the following is a way Congress can influence the federal judiciary? A It can prohibit judicial activism. B It can filibuster decisions made by courts. C It can change appellate jurisdiction of federal courts. D It can review federal judges for reappointment every ten years. E It can exercise oversight authority over rulings of individual justices.

It can change appellate jurisdiction of federal courts.

The doctrine of stare decisis is significant for which of the following reasons? A It establishes the jurisdiction of federal courts in litigation involving two or more states. B It is the principle that affirms that courts are bound by prior decisions. C It is the policy by which the Supreme Court decides which of the appellate cases it will hear. D It directs states to provide a lawyer for people who cannot pay for their own legal defense. E It holds high courts responsible for determining the constitutionality of proposed legislation before it becomes law.

It is the principle that affirms that courts are bound by prior decisions.

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? A It has the power of the sword and the power of judgment but lacks the power of the purse. B Each branch must be given the ability to defend its power and check the others. C The federal government is further from the people and thus less accountable. D It must depend on the executive for enforcement of its decisions.

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

Which of the following is true about the right of free speech, as currently interpreted by the Supreme Court? A It protects the right to express opinions even without the actual use of words. B It protects the use of language deemed obscene by the courts. C It allows citizens to disobey laws that they believe to be unjust. D It is protected from infringement by the federal government but not from infringement by state governments. E It cannot be limited in any manner.

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

In The Federalist 78, Alexander Hamilton states, "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." Which of the following Supreme Court cases is most relevant to this statement? A Baker v. Carr (1962) B Marbury v. Madison (1803) C Shaw v. Reno (1993) D McCulloch v. Maryland (1819)

Marbury v. Madison (1803)

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 ? A McCulloch v. Maryland (1819) B Schenck v. United States (1919) C Brown v. Board of Education of Topeka (1954) D Marbury v. Madison (1803)

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? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Baker v. Carr (1962) D McCulloch v. Maryland (1819)

McDonald v. Chicago (2010)

Which of the following statements best describes the information in the map? A Most states in the Northeast and West do not allow capital punishment. B Most states in the South and West allow capital punishment. C Capital punishment is not allowed in Oklahoma (OK) and New Mexico (NM). D Only three states do not allow capital punishment.

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? A New York Times Co. v. United States (1971) B Gideon v. Wainwright (1963) C Schenck v. United States (1919) D Wisconsin v. Yoder (1972)

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

Which of the following headlines is most relevant to the political cartoon? A Nixon Administration Goes to Court to Stop Pentagon Papers Release B Supreme Court Rules High School Students May Silently Protest Vietnam War C Supreme Court Hears Flag Burning Case D War Protestor Presented "Clear and Present Danger" Says Court

Nixon Administration Goes to Court to Stop Pentagon Papers Release

A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement? A Confer with House leadership to discuss potential nominees B Confer with the chief justice to discuss potential nominees C Nominate a federal judge who shares the president's ideology D Nominate a sitting senator of the majority party

Nominate a federal judge who shares the president's ideology

Congress passes a law requiring that all public accommodations provide access for people with disabilities. The United States Supreme Court rules that the law does not apply to the airline industry. Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court's ruling? A Appeal the ruling to the United States Court of Appeals B Override the court with a two-thirds majority in both chambers C Pass a new law that specifies that the airlines must provide access for people with disabilities D Remove members of the Supreme Court who ruled against the law and have the president appoint new justices

Pass a new law that specifies that the airlines must provide access for people with disabilities

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 could be taken by the Senate to limit the Supreme Court's power? A Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically B Pass legislation already passed by the House that would limit the impact of the Supreme Court's recent rulings C Ratify a constitutional amendment limiting the Supreme Court's power D Enforce term limits for justices on the Supreme Court

Pass legislation already passed by the House that would limit the impact of the Supreme Court's recent rulings

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? A Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically B Pass legislation that would limit the impact of the Supreme Court's recent rulings C Ratify a constitutional amendment limiting the Supreme Court's power D Enforce term limits for justices on the Supreme Court

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

Which of the following best defines civil liberties? A The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights B Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government C Precedents pertaining to criminal procedure that are set by the Supreme Court that are upheld in the lower courts D Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups E 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

During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling? A Briefs submitted by interested parties B Contemporary societal norms C The consensus of the other justices D Reliance on legal precedent

Reliance on legal precedent

During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a future case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling? A Briefs submitted by interested parties B Contemporary societal norms C The consensus of the other justices D Reliance on legal precedent

Reliance on legal precedent

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 A Strict scrutiny B Selective incorporation C Stare decisis D Literalism

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? A Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions. B When the Supreme Court takes an activist approach to decision making, it can influence policy. C Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. D Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.

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

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion? A Compliance monitoring B Stare decisis C Overlapping jurisdiction D Judicial activism

Stare decisis

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways? A The Tenth Amendment to the Constitution reserves powers to the states, and Marbury v. Madison deals with whether the Supreme Court has appellate jurisdiction over state courts. B The Declaration of Independence describes circumstances in which people may demand a redress of grievances, and Marbury v. Madison is about whether courts can resolve these crises. C The Federalist 10 describes how the expanded scope of the national government can alleviate the problems of factions, and Marbury v. Madison uses the national government to negotiate a compromise between two rival factions. D The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? A The necessary and proper clause B The Fourteenth Amendment C The Judiciary Act of 1789 D The Civil Rights Act of 1964

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? A The First Amendment right to petition the government for a redress of grievances B The Fourth Amendment protection against unreasonable search and seizure C The Fifth Amendment protection against self-incrimination D The Eighth Amendment protection against cruel and unusual punishment E The Tenth Amendment right

The Fourth Amendment protection against unreasonable search and seizure

Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ? A The equal protection clause of the Fourteenth Amendment requires Congress to protect an individual's ability to keep and bear arms under the Second Amendment. B The Second Amendment is a collective right and not one intended for individual application. C The full faith and credit clause requires the state of Illinois to respect the laws of neighboring states concerning the right to keep and bear arms. D The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.

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

Which of the following scenarios best illustrates the concept of a case being decided based on precedent? A The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause. B The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. C A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. D The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.

The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.

Which of the following did the Supreme Court establish in Marbury v. Madison ? A The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution. B Each state has the right to set up and run its own court system. C All the powers that are not explicitly given by the Constitution to Congress belong to the states. D Any president who commits treason, bribery, or other high crimes and misdemeanors can be impeached. E The Constitution can only be amended by a two-thirds vote of the members of the House of Representatives.

The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court? A The United States Constitution spells out all of the categories of cases that the Supreme Court must hear. B The Chief Justice of the Supreme Court has the authority to select the cases that the Court will hear. C The Solicitor General in the Department of Justice determines the Supreme Court's agenda. D The Supreme Court is free to choose the cases it hears with only a few limitations. E The Attorney General screens cases for consideration by the Court.

The Supreme Court is free to choose the cases it hears with only a few limitations.

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion? A The office of the president B The courts C Congress D The electoral college E Political parties

The courts

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? A The interstate commerce clause B The free exercise clause C The supremacy clause D The establishment clause

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? A The due process rights of the Fifth Amendment require that the evidence be reviewed by the prosecution before being admitted as evidence in court. B The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect. C Since the evidence obtained suggests illegal activity, the evidence may be used against the defendant in a criminal trial. D If the case is in the state court system, the evidence can be used against the defendant.

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

Which of the following best describes the relationship between the Supreme Court and public opinion? A The Court assesses public opinion on a controversial issue and then tries to follow it. B Court prestige is so high that its decisions become public consensus. C The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus. D Public opinion has no bearing on the effective implementation of the Court's decisions. E There is no relationship between public opinion and the Court's decisions.

The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus.

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) ? A The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. B Laws passed by Congress have since undergone judicial review by the Supreme Court to ensure that the commerce clause and other parts of the Constitution are interpreted correctly. C 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. D Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.

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.

Which of the following scenarios best demonstrates a president avoiding a check from the judicial branch? A The president signs a bill that reduces the budget of the Department of Justice in response to the department's failure to prosecute white-collar criminals. B The president claims that certain detainees are enemy combatants and thus do not possess the same constitutional protections that the Supreme Court has upheld for the interrogation of criminal suspects. C The president vetoes legislation that would constrain the ability of the executive branch to conduct domestic surveillance as it relates to terrorism. D The president issues an executive order declaring that all people who were brought to the United States illegally as children can apply for a deferment rather than face deportation.

The president claims that certain detainees are enemy combatants and thus do not possess the same constitutional protections that the Supreme Court has upheld for the interrogation of criminal suspects.

Which of the following is one of the central concerns of the First Amendment? A The supremacy of the national over the state governments B The right of citizens to bear arms C The division of powers among the three branches of government D The right of citizens to petition the government for redress of grievances E The protection of the rights of those accused of committing a crime

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

"...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? A The right to fair trial B The right to assemble C The right to bear arms D The right to an attorney

The right to assemble

In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision? A The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority. B The United States Congress could have requested that funding be cut off from the redistricting program. C The president could have created an executive agreement with the state that overrode the Supreme Court's decision. D A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.

The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority.

Which of the following best defines the term "judicial activism"? A The demands on judges to hear large numbers of cases B The efforts of judges to lobby Congress for funds C The attempts by judges to influence election outcomes D The unwillingness of judges to remove themselves from cases in which they have a personal interest E The tendency of judges to interpret the Constitution according to their own views

The tendency of judges to interpret the Constitution according to their own views

Which of the following is true of most federal judges appointed by the president? A They serve ten-year terms. B They serve as long as the appointing president stays in power. C They serve for life on good behavior unless removed by the president. D They serve for life on good behavior unless impeached and convicted by Congress. E They serve for life and are not subject to congressional impeachment.

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? A Wisconsin v. Yoder (1972) B Brown v. Board of Education of Topeka (1954) C Tinker v. Des Moines Independent Community School District (1969) D Citizens United v. Federal Election Commission (2010)

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? A Engel v. Vitale (1962) B Wisconsin v. Yoder (1972) C Tinker v. Des Moines Independent Community School District (1969) D New York Times Co. v. United States (1971)

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

In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and famously challenged the Supreme Court to enforce it. As the Supreme Court was not able to enforce the decision, the other branches of government ignored it. This example illustrates which of the following? A The president can approve or veto decisions made by the Supreme Court. B States have the power to nullify federal laws. C Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. D Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? A When an individual claims that a right protected by the Bill of Rights is infringed upon by a state B When there is a conflict among the branches of the national government C When a federal policy shifting oversight authority from a national agency to a state agency is challenged D When a former employee files a wrongful termination claim against a company headquartered in another state

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

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? A Engel v. Vitale (1962) B Marbury v. Madison (1803) C Tinker v. Des Moines Independent School District (1969) D Wisconsin v. Yoder (1972)

Wisconsin v. Yoder (1972)

A writ of habeas corpus refers to A a person's right to know the reasons for his or her imprisonment B a person's right to not be charged for an action committed before that action was a crime C a person's right to trial by jury D the protection against cruel and unusual punishment E a demand from one state to extradite a suspect from another state

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

In Marbury v. Madison (1803), the Supreme Court assumed the power to A decide whether internal congressional procedures are constitutional B advise Congress on the constitutionality of a proposed law C regulate slavery D decide on the constitutionality of a law or an executive action E approve executive agreements

decide on the constitutionality of a law or an executive action

Congress has the constitutional power to control the judicial branch by A determining the size of the Supreme Court B nominating the chief justice of the Supreme Court C limiting the length of judicial terms D reducing the salary of judges while they are sitting E altering the original jurisdiction of the Supreme Court

determining the size of the Supreme Court

The "wall of separation" doctrine refers to the A division between levels of government B unique powers possessed by each branch of government C division of church and state D barrier between legislative chambers E differentiation of municipal powers from county powers

division of church and state

The Supreme Court established the incorporation doctrine when the Court A interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government B interpreted the Ninth Amendment as requiring national health and worker-safety standards to protect the individual's implied right of personal safety C stripped the armed forces of their discretionary powers regarding military service for gay men, lesbians, and married people D strengthened local police forces by granting them the power to investigate and prosecute federal offenses E granted the federal government the power to declare acts of Congress unconstitutional

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

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that A justices are free from direct political pressures B justices remain accountable to the public C justices are encouraged to make politically popular decisions D cooperation between the judicial and legislative branches is assured E Presidents are encouraged to seek younger nominees for the Supreme Court

justices are free from direct political pressures

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could A ban obscene materials B suspend habeas corpus protections C mobilize the National Guard D limit free speech

limit free speech

The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to A expand presidential power B restrict the application of judicial review C make most rights contained in the Bill of Rights applicable to the states D prevent states from taxing agencies of the federal government E limit the use of the legislative veto

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

In Miranda v. Arizona, the United States Supreme Court declared that A illegal aliens have the same right to an education as United States citizens B evidence seized during an illegal search cannot be used in court C affirmative action programs cannot employ numerical quotas D police must inform criminal suspects of their constitutional rights before questioning suspects after arrest E the death penalty is constitutional so long as juries are supplied with sentencing guidelines

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

The difference between an appellate court and a district court is that an appellate court A conducts trials by jury B has original jurisdiction C reviews previous court decisions D hears civil cases but not criminal cases E does not follow the principle of stare decisis

reviews previous court decisions

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of A amicus curiae B stare decisis C justiciability D diversity E certiorari

stare decisis

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT A lower-court decisions B state legislation C acts of Congress D the Bill of Rights E executive orders

the Bill of Rights

In Roe v. Wade, the majority of Supreme Court justices determined that A a constitutional right to privacy necessitated making contraceptives legal B abortions could be performed only during the first twelve weeks of a pregnancy C homosexuality is unconstitutional D the United States Constitution implies a right to privacy and thus made abortions legal E a husband is allowed to veto his wife's decision to have an abortion

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

The doctrine of original intent holds that A Supreme Court justices must emphasize independent and original thinking in considering constitutional matters B the meaning of the Constitution depends on the intention of the framers C cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court D Supreme Court justices should avoid bias by documenting their original impressions of a case E the Supreme Court should review all treaties that alter previously established foreign policy

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

Presidents have had the most success in changing the direction of decisions of the federal judiciary by A threatening to ask Congress to impeach specific judges B using the media to build consensus for the President's position C requesting that Congress reduce the term of office that judges may serve D using the appointment process to select judges with judicial philosophies similar to those of the President E pressuring Congress to pass the appropriate legislation to override judicial opinions

using the appointment process to select judges with judicial philosophies similar to those of the President

The free-exercise clause protects A the president from forcibly revealing private conversations with staff B individuals who, for religious reasons, refuse to pay Social Security taxes C voluntary prayer by student groups before school D a person's right to burn the American flag E a person's right to practice polygamy

voluntary prayer by student groups before school

Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ? A A newspaper prints an editorial supporting executive action by the president. B A student sues a public school that institutes a mandatory prayer ceremony. C A citizen calls a member of Congress to persuade her to vote yes on a bill. D A religious group practices a religious ritual that is in conflict with a local law.

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 A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change. B A group with offensive signs is denied a permit to march through the streets because local residents and businesses oppose the group's message. C A person is arrested after making a threat to police officers who are investigating a crime scene. D A newspaper publishes an article that publicly defames the reputation of a private individual.

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 illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions? A A student is expelled from school for wearing a black T-shirt expressing opposition to a law recently passed by the state legislature. B An organization regarded as a hate group is not able to obtain a permit to march through a major city because of its message. C Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour. D An independent political advocacy organization is prevented by the Federal Communications Commission (FCC) from running political advertisements on television.

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

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? A The president has the authority to stop the publication of the story because the administration has asserted that the information in the story threatens national security. B Although the documents have already been obtained by the press, a court must review the documents prior to publication to ensure that no information that threatens national security is made public. C Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press. D Because the president's staff leaked the documents and the newspaper obtained them in a legal manner, they may be published without prior restraint.

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

The Supreme Court has ruled which of the following concerning the death penalty? A A state may not impose the death penalty on a noncitizen. B Lethal injection is the only constitutionally acceptable method of execution. C Females may not be executed. D The death penalty is not necessarily cruel and unusual punishment. E The death penalty violates the Fifth Amendment of the Constitution.

The death penalty is not necessarily cruel and unusual punishment.

With respect to prayer in public schools, the United States Supreme Court has ruled that A state-sponsored prayer violates the establishment clause of the First Amendment B state-sponsored prayer is permitted by the free exercise clause of the First Amendment C since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer D the free exercise clause permits teachers to mandate silent prayer E in school districts in which local authorities can demonstrate that all students belong to a single religion, mandated prayer is permissible

state-sponsored prayer violates the establishment clause of the First Amendment

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? A Ledbetter could renew her appeal by seeking additional Supreme Court review. B The president could sign an executive order to alter the Civil Rights Act. C Ledbetter could pursue her case using the same arguments in state courts. D Congress could enact legislation to amend Title VII of the Civil Rights Act.

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? A) Establishment Clause-Used by founders to establish Christianity as the national religion Free Exercise Clause-Reflects a basic belief in the protection of religious freedom B) 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 C) Establishment Clause-Provides a wall of separation of between church and state Free Exercise Clause-Not a civil liberty incorporated to states D) Establishment Clause-Ensures that all students must attend public school regardless of religious views. Free Exercise Clause-Protects again school-led prayer ceremonies

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

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? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Wisconsin v. Yoder (1972) D Gideon v. Wainwright (1963)

Gideon v. Wainwright (1963)

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling? A It ruled that the state had an overarching right to compel students to listen to a nondenominational prayer led by public school teachers, finding such action permissible under the Tenth Amendment. B 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. C It balanced the school's interest in providing for an open and peaceful frame of mind for the school day with the interest of the students in not being subjected to the prayer, ultimately ruling for the state. D It rejected the student complaint, as public school students have no free exercise rights in school.

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.

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment? A) Protected by the First Amendment- Libel/ slander Not Protected by the first amendment- Fighting words B) Protected by the first amendment- freedom of religion Not protected by the first amendment- freedom of assembly C) Protected by the first amendment- the right to burn a flag Not protected by the first amendment- obscenity D) Protected by the first amendment- Online newspapers Not protected by the first amendment- the right of a student to pray in school

Protected by the first amendment- the right to burn a flag Not protected by the first amendment- obscenity

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? A It has led to a decline in the power of states to enforce their own state laws. B Congress has increased its role in foreign policy, especially when it comes to combat operations. C There has been a decline in support for the free enterprise system due to the increased number of trade agreements. D The federal government has increased its surveillance powers, leading to a debate about the balance between civil liberties and security.

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

All of the following serve as checks on the power of the federal courts EXCEPT: A Federal judges can be impeached. B The voters can oust federal judges in national elections. C Congress can pass a law clarifying "legislative intent." D Presidents, governors, and local executives can refrain from enforcing court rulings. E Congress and the state legislatures can amend the Constitution.

The voters can oust federal judges in national elections.

Which of the following is true of nominees for federal judgeships? A They are recruited from the current pool of United States attorneys. B They are nominated by the Senate and approved by the House of Representatives. C They are elected in popular elections in individual states. D They must receive the approval of the American Bar Association upon nomination. E They are appointed for life by the President with the advice and consent of the Senate.

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

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional? A Appeal the Court's decision to the District of Columbia's Court of Appeals. B Formally request the President to veto the Court's decision. C Remove certain members of the Court and replace them with new members. D Try to amend the Constitution. E Reenact the same law.

Try to amend the Constitution.

The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to A remain silent B be represented by a lawyer C negotiate a plea bargain D demand a writ of habeas corpus E receive a speedy and public trial

negotiate a plea bargain

The data illustrate that most conservatives believe that the United States Constitution A is a living document and the Supreme Court should consider public opinion and contemporary values when interpreting constitutional provisions B outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges C establishes a shared set of political values flexible enough to empower the Supreme Court to apply its own personal judgment to their interpretation D gives judges the power to overrule the other two branches of government in times when those other branches fail to be responsive to changing public opinion on issues

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

Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the A rights of gay men and lesbian women B right of privacy C right to an abortion D right to freedom from cruel and unusual punishment E right of women to equal protection before the law

right of privacy

In Gideon v. Wainwright, the United States Supreme Court ruled that the A Bible could be distributed at public schools under the free exercise clause of the First Amendment B exclusionary rule prevented the introduction of evidence seized in violation of the Fourth Amendment from being introduced in court C eminent domain clause of the Fifth Amendment prevents government from taking religious property for public purposes D Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws E Eighth Amendment cruel-and-unusual-punishment provision cannot be applied in a discriminatory manner

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

Which of the following factors most likely led to shifts in Supreme Court decision making over time? A The ideological composition of the justices on the Supreme Court shifted to become less liberal over time. B Rather than pass new legislation, Congress was inclined to refer civil rights legislation to the Supreme Court. C After 1960, the Supreme Court deferred to the wishes of state and local governments rather than voting to expand the authority of the federal government. D Constitutional amendments enabled the Supreme Court to issue more liberal decisions.

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

Which of the following statements is correct based on the bar chart? A Most Independents believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. B Most Democrats believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. C The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times. D The more consistently conservative a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times.

The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times.

Based on the data in the chart, which of the following is true? A The percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between 1900 and 1928. B The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996. C The number of civil rights and civil liberties cases heard by the Supreme Court declined between 1944 and 1952. D The number of civil rights and civil liberties cases heard by the federal district courts decreased between 1972 and 1992.

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 best explains how poll respondents regard the relationship between the right to own guns and personal freedom? A The poll shows there is an ongoing debate over whether gun control laws promote or interfere with individual rights. B The poll shows that gun owners and non-gun owners have widely different views over a range of civil liberties issues. C The poll shows that party polarization has a sizable impact on elections and policy making at each level of government. D The poll shows that even the courts have mixed opinions as to whether the second amendment involves individual liberty.

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