AP Gov Unit 3

Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ?

"[T]he right of the people to keep and bear Arms, shall not be infringed."

Which of the following is an example of affirmative action?

A business actively recruits qualified minorities, women, and persons with disabilities in order to be eligible for work with the national government.

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

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

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

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

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

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

Which of the following scenarios is an example of an affirmative action policy?

A federal contractor actively recruits underrepresented groups for positions in the company.

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.

What has the Supreme Court said about the right to privacy?

A right to privacy is not clearly present in the Constitution, but the court has determined that it does exist.

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

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

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. The author's main argument is that the Second Amendment

At the time the Constitution was written, laws in the states required able-bodied individuals to serve in militias.

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

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

In the case Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that Congress had the power under the commerce clause to pass the Civil Rights Act of 1964. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?

Both cases upheld the power of the federal government to ensure equal protection under the law.

Housing covenants are agreements in the deed of a property that restricts the owner from doing certain things with the property. Some covenants prevented owners from selling to individuals of a specific race or ethnic group. In the case Shelley v. Kraemer (1948), the Supreme Court struck down racially restrictive housing covenants under the equal protection clause of the Fourteenth Amendment. Which of the following cases is most similar to Shelley v. Kraemer (1948) ?

Brown v. Board of Education of Topeka (1954)

In which case did the Supreme Court hold that race based school segregation violated the Equal Protection Clause of the Fourteenth Amendment?

Brown v. Board of Education of Topeka (1954)

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 clauses was most relevant to the right to privacy?

Due process clause

Which of the following cases addresses the issue of mandatory public school prayer?

Engel v. Vitale (1962)

Which of the following cases arose from a state law that mandates public schools to begin the school day with the reading of a nondenominational prayer by a school official?

Engel v. Vitale (1962)

Which of the following constitutional concepts is most closely associated with affirmative action policies?

Equal protection clause

In Brown v. Board of Education of Topeka (1954), the Supreme Court reached the following conclusion: "[I]n the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the [protections of the Fourteenth Amendment]." What generally does the Fourteenth Amendment provide for?

Equal protection of the laws and due process

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.

"The Second Amendment . . . like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.' . . . "'Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. . . . 'You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference.' Which of the following is used as evidence to support the author's argument?

Historical records show varying interpretations as to whether the Second Amendment was supposed to protect the right of individuals to own a gun, or just for the purpose of supporting militias.

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.

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. A black baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy Which of the following expresses the most significant political concern in the passage?

Increased awareness of citizen inequalities that need to be addressed

In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights?

It balanced the state's interest in compulsory education with the students' free exercise rights.

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.

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.

"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?

Marbury v. Madison (1803)

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 (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 ?

Marbury v. Madison (1803)

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. Which of the following Supreme Court cases is most relevant to the topic of the article?

McDonald v. Chicago (2010)

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

McDonald v. Chicago (2010)

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Which of the following states has the greatest protection for freedom of the press based on the information on the map?

New York (NY)

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

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

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

Selective Incorporation

Which of the following is a doctrine based on the Fourteenth Amendment of the Constitution that was used in McDonald v. Chicago (2010) to limit the power of states and protect the right to keep and bear arms?

Selective incorporation

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Which of the following statements is best supported by the information on the map?

Some states prioritize freedom of the press over criminal prosecutions.

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

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

Supreme Court Refuses to Stop the Presses for National Security

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

Students at a public university hold a peaceful protest to demonstrate against an increase in the cost of college tuition. Which of the following constitutional protections best applies to this scenario?

The First Amendment

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

The Fourteenth Amendment

The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario?

The Fourth Amendment

A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?

The Sixth 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

Shield laws protect journalists' right to refuse to testify against their sources while gathering information in their role as journalists. There is no shield law at the federal level. Based on the map and your knowledge, which of the following is a major difference between the issue of shield laws and the issue of prior restraint?

The Supreme Court has ruled that the First Amendment protects against prior restraint by the government. However, protections for journalists and their sources are not as strong, as evidenced by the many states with weak or no shield laws.

Which of the following is accurate regarding the Supreme Court's interpretation of a right to privacy?

The court's interpretation of a right to privacy has been the subject of controversy.

In McDonald v. Chicago (2010), the Court ruled that the Second Amendment right to bear arms was applicable to the states. Which of the following sections of the United States Constitution did the Supreme Court use to support its ruling?

The doctrine of selective incorporation through the Fourteenth Amendment, holding that state action limiting gun rights deprived persons of "life, liberty, or property, without due process of law"

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

The due process clause of the Fourteenth Amendment

While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

The due process clause of the Fourteenth Amendment

In Brown v. Board of Education of Topeka (1954), the Supreme Court struck down racial segregation in public schools, finding that "separate educational facilities are inherently unequal." What constitutional clause did the Court rely most heavily on to reach this decision?

The equal protection clause

In Brown v. Board of Education of Topeka (1954), the Supreme Court stated that the plaintiffs "seek the aid of the courts in obtaining admission to the public schools of their community on a non-segregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race." The Supreme Court ruled "separate educational facilities are inherently unequal." Which of the following provisions of the United States Constitution did the Supreme Court use to strike down racial segregation in state public schools?

The equal protection clause of the Fourteenth Amendment

Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King The text in the passage likely inspired Congress to act based on which of the following clauses of the United States Constitution?

The equal protection clause of the Fourteenth Amendment

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

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

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 instructs the bureaucracy to delay implementing policy changes resulting from a Supreme Court decision.

"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. Which of the following provisions of the Bill of Rights could support the actions that César Chávez is encouraging the farmworkers to take?

The right to assemble

Which of the following statements is true regarding the right to privacy?

The right to privacy is not explicitly named in the Constitution.

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 seen this decision as too controversial, leading to questions about the appropriate level of power for the Supreme Court.

Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following explains the most significant long-term consequence of the ideas expressed in the passage?

The value of "all men are created equal" was reaffirmed both in law and in American political culture.

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 challenged the Supreme Court to enforce it. This example illustrates which of the following?

Unpopular Supreme Court decisions can lead to debate about the court's power.

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)

The author cites the case District of Columbia v. Heller (2008) in order to

illustrate that the Supreme Court's interpretation of the Second Amendment has recently changed

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

A public school district implemented a policy that instructed students to recite a common, district approved meditation at the beginning of the school day. 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

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

Article III

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 case Plessy v. Ferguson (1896) upheld the standard of "separate but equal" in American law. Which of the following explains how this case relates to Brown v. Board of Education of Topeka (1954) ?

Plessy established a precedent that was eventually overturned in the Brown case.

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 by delaying their implementation

"The Second Amendment . . . like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.' . . . "'Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. . . . 'You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference.' Which of the following best characterizes the debate regarding the Second Amendment according to the author of the passage?

The Second Amendment is viewed by some as an individual rights issue but by others as a states' rights issue.

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

C The right to burn a flag Obscenity

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 statements best explains the diagram?

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

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. A black baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy The issues identified in the passage reflect a failure to uphold which of the following constitutional clauses?

Equal protection clause

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. A black baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy Which of the following pieces of legislation was most likely a result of the passage?

The Civil Rights Act of 1964

Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following legislative acts best relates to the passage?

The Civil Rights Act of 1964

The United States Supreme Court reviewed state-mandated racial segregation in public schools. The Court stated that the separate schools "involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other 'tangible' factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors [among the] schools involved in each of the cases. We must look instead to the effect of segregation itself on public education." Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools?

The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)

Which of the following statements is an accurate interpretation of the data 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 attributes of the political cartoon would best represent the government's use of prior restraint?

The fallen pillars

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 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.

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

The Second Amendment

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

Wisconsin v. Yoder (1972)

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing better captured this constitutional ideal than the minuteman. Citizens had a legal obligation to outfit themselves with a musket at their own expense and were expected to turn out at a minute's notice to defend their community, state, and eventually their nation. The author's main argument is that the Second Amendment

was added to the Constitution to ensure that militias would have arms