ap gov judicial branch + civil liberties

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 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 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 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 sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

Article III

Which of the following describes the origin of the United States court system presented in the diagram?

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?

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

Which of the following is a primary function of the Senate Judiciary Committee?

Conducting hearings on judicial appointments made by the president

The number of justices on the United States Supreme Court is set by

Congress

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

Congress

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

Federal government only

Interest groups are protected under the Constitution by the

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

Fourteenth Amendment

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

It can change appellate jurisdiction of federal courts.

Which of the following best explains the principle of stare decisis?

It encourages judges to follow precedent when deciding cases.

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

Miranda v Arizona

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

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

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

Right of privacy

The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?

Second Amendment

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 statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?

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

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court?

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

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

The death penalty is not necessarily cruel and unusual punishment.

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.

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 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.

Which of the following scenarios best demonstrates a president avoiding a check from the judicial branch?

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?

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

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?

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

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 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

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?

Wisconsin v. Yoder (1972)

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)

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

chose freedom of speech as most crucial to their own liberty

The "wall of separation" doctrine refers to the

division of church and state

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

due process clause

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?

equal protection

To influence policy making by the federal courts, the president may do all of the following EXCEPT

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

judicial activism

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

judicial restraint

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that

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

limit free speech

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

reviews previous court decisions

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

roe v wade and gideon v wainwright

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT

the Bill of Rights

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

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

try to amend the constitution

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

unfair police interrogation

Presidents have had the most success in changing the direction of decisions of the federal judiciary by

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

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

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

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

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

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

Eighth 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 two principles are addressed in the excerptabove?

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?

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?

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

The doctrine of stare decisis is significant for which of the following reasons?

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?

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.

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?

Marbury v Madison

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

Which of the following United States Supreme Court cases established the principle of judicial review?

Marbury v Madison

Which of the following cases is most related to the quote?

Marbury v. Madison (1803)

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)

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

Most states in the South and West allow capital punishment.

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

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?

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?

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?

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?

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

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that

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

Which of the following best defines civil liberties?

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?

Reliance on legal precedent

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

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

Schenck v. United States (1919)

In 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.

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

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

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?

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.

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.

Which of the following scenarios best illustrates the concept of a case being decided based on precedent?

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 ?

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

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?

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?

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.

Which of the following best describes the relationship between the Supreme Court and public opinion?

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

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.

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 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.

Which of the following statements is correct based on the bar chart?

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.

Which of the following best defines the term "judicial activism"?

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

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 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 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

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?

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

A writ of habeas corpus refers to

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

In Marburv v. Madison (1803), the Supreme Court assumed the power to

decide on the constitutionality of a law or an executive action

Congress has the constitutional power to control the judicial branch by

determining the size of the Supreme Court

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

due process

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 - Protects an individual's religious beliefs and reasonable religious practices

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 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

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

protected - burn flag not protected - obscenity

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

refusing to actively enforce the decision

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

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

stare decisis

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?

stare decisis

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

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

the courts

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

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

the fallen pillars

The doctrine of original intent holds that

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

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

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 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