Gov-Unit 3
Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ?
A citizen calls a member of Congress to persuade her to vote yes on a bill.
Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment?
A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.
Which of the following statements best describes how United States citizens regard the rights of free speech and assembly?
A majority agrees in principle with these rights, but in practice many people are often intolerant of views they do not support.
Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment?
A person wears a necklace bearing a Christian cross to work.
Which of the following 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.
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.
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 Which of the following could be used as evidence to support the author's claim?
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
Which of the following is a similarity between the views expressed in the excerpt above and Dr. Martin Luther King, Jr.'s "Letter from Birmingham Jail"?
Both César Chávez and Dr. Martin Luther King, Jr. argued for the continued use of nonviolence to further their causes.
A school district in Seattle used the race of students as a tie-breaking factor to determine which students would be admitted to the more popular schools in an attempt to maintain racial diversity. In the case Parents Involved in Community Schools v. Seattle School District No. 1 (2007), the Supreme Court ruled this plan unconstitutional under the Fourteenth Amendment. Which of the following statements offers the most accurate comparison between this case and the decision in Brown v. Board of Education of Topeka (1954) ?
Both cases ruled against the school district based on the equal protection clause.
In the case Boynton v. Virginia (1960), the Supreme Court ruled that segregation at a bus stop restaurant was illegal based on the Interstate Commerce Act. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?
Both cases struck down local ordinances that prescribed segregation.
In the case Guey Heung Lee v. Johnson (1971), the parents of Chinese American students who attended a primarily Asian American school challenged San Francisco's effort to desegregate the public schools, arguing that their culture and language would be diluted if their children were dispersed from their local school. The Supreme Court denied the challenge from the parents basing their decision on the Fourteenth Amendment. Which of the following cases was most likely used in the decision as a precedent?
Brown v. Board of Education of Topeka (1954)
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)
Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?
CThe right to burn a flag Obscenity
To enforce the Fourteenth Amendment more clearly, Congress passed the
Civil Rights Act of 1964
Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior?
Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality.
Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can be considered in college admissions, Justice Lewis Powell wrote: "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. . . . The . . . goal asserted by petitioner is the attainment of a diverse student body. This clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a university to make its own judgments as to education includes the selection of its student body." According to the quote, what was the likely effect of the Court's ruling in the Bakke case?
Colleges could have considered race but could not use strict racial quotas in admission practices.
Which of the following principles protects a citizen from imprisonment without trial?
Due process
Which of the following constitutional clauses was most relevant to the right to privacy?
Due process clause
Which of the following constitutional amendments is most related to the issue shown on the map?
Eighth Amendment
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 The issues identified in the passage reflect a failure to uphold which of the following constitutional clauses?
Equal protection clause
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
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.
Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state?
Gideon v. Wainwright (1963)
"Just as the Fourth Amendment's right to privacy has been declared enforceable against the states through the Due Process Clause of the Fourteenth, it is enforceable by the same sanction . . . as is used against the federal government. Were it otherwise, . . . the assurance against unreasonable searches and seizures would be 'a form of words,' valueless . . . 'in the concept of ordered liberty." Justice Tom Clark, Mapp v. Ohio (1961) Which two principles are addressed in the excerptabove? I. The incorporation doctrine II. The concept of eminent domain III. The exclusionary rule IV. The "wall of separation" doctrine
I and III
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 Which of the following expresses the most significant political concern in the passage?
Increased awareness of citizen inequalities that need to be addressed
The following questions are based on the following excerpt from a major Supreme Court decision. "Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone..." ...We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently inequal. Therefore, we hold that the plaintiffs...are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment." The Supreme Court decision quoted above did which of the following?
Initially affected only schools where segregation was mandated by law.
The card shown above was issued as a consequence of which of the following Supreme Court decisions?
It has been a major instrument for increasing the number of African American and other minority voters.
In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty?
McDonald v. Chicago (2010)
The card shown above was issued as a consequence of which of the following Supreme Court decisions?
Miranda v. Arizona
Which of the following statements best describes the information in the map?
Most states in the South and West allow capital punishment.
The facts of which of the following cases are most related to the political cartoon?
New York Times Co. v. United States (1971)
The establishment clause in the First Amendment does which of the following?
Prohibits the setting up of a state church.
Which of the following best defines civil liberties?
Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government
A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario?
Schenck v. United States (1919)
The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision?
Selective Incorporation
In 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
In Brown v. Board of Education of Topeka, the Supreme Court established which of the following principles?
Separation of students by race, even in equally good schools, is unconstitutional.
Which of the following was an argument used by the Supreme Court in upholding federal statutes outlawing segregation in public accommodations?
Such segregation affected interstate commerce, and Congress therefore had the authority to outlaw it.
Which of the following headlines is most relevant to the political cartoon?
Supreme Court Refuses to Stop the Presses for National Security
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 Which of the following pieces of legislation was most likely a result of the passage?
The Civil Rights Act of 1964
After hours of interrogation by police a suspect confesses to multiple felony offenses. His attorney objected to the admission of the confession because he was not advised of his right to have an attorney present nor his protection from self-incrimination. Which amendments are most relevant to this scenario?
The Fifth and Sixth Amendments
In Brown v. Board of Education of Topeka (1954), the Supreme Court ruling limited state action in segregating public school students based on their race, stating "separate educational facilities are inherently unequal." The Court pointed to which of the following amendments to the United States Constitution to achieve this ruling?
The Fourteenth Amendment
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 did the most to expand civil rights in the 1950's?
The Supreme Court decision declaring state-mandated school segregation to be unconstitutional
Which of the following is most likely responsible for the increase in the number of southern African American state legislators between 1960 and 1992 as shown in the graph?
The Voting Rights Act of 1965
The Supreme Court has ruled which of the following concerning the death penalty?
The death penalty is not necessarily cruel and unusual punishment.
In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through which of the following constitutional clauses?
The due process clause of the Fourteenth Amendment
The clause of the United States Constitution that was used in the Supreme Court's ruling in Brown v. Board of Education of Topeka (1954) was
The equal protection clause
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
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
During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial?
The exclusionary rule
A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial?
The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.
Which of the following attributes of the political cartoon would best represent the government's use of prior restraint?
The fallen pillars
Since 1992, how has concern over the increasingly dangerous world described in the passage most affected American political debates?
The federal government has increased its surveillance powers, leading to a debate about the balance between civil liberties and security.
The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?
The heavy presumption against prior restraint
Which of the following 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.
All of the following statements reflect positions the Supreme Court has taken with regard to the right of free speech EXCEPT:
There are no acceptable governmental restrictions on free speech.
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
According to the data, both gun owners and non-gun owners
chose freedom of speech as most essential to their own liberty
The Nineteenth Amendment to the Constitution, the Equal Rights Amendment, and Title IX of the Education Amendments of 1972 were all directed toward the goal of
equality for women
Brown v. Board of Education of Topeka (1954) was a significant Supreme Court ruling because it
held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment
The process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as
incorporation
The Supreme Court established the incorporation doctrine when the Court
interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government
The 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
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
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 "Miranda warning" represents an attempt to protect criminal suspects against
unfair police interrogation
The free-exercise clause protects
voluntary prayer by student groups before school
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 The author's main argument is that the Second Amendment
was added to the Constitution to ensure that militias would have arms
The Fourteenth Amendment's equal protection clause declares that "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." In which of the following scenarios is this clause most likely to be used by the Supreme Court in its decision?
A local school district mandates racially segregated schools.
Which of the following 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 best describes a purpose of the Establishment Clause?
It prohibits Congress from establishing a state religion.
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.
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 Which of the following Supreme Court cases is most relevant to the topic of the article?
McDonald v. Chicago (2010)
Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of 1972 ?
Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women.
Which of the following is a principle underlying the Bill of Rights?
Some rights are fundamental and should not be subject to majoritarian control.
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 is one of the central concerns of the First Amendment?
The right of citizens to petition the government for redress of grievances
Which of the following statements presents the most important limitation of the data in the graph?
There is no information about the total number of state legislators.
Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs?
Tinker v. Des Moines Independent Community School District (1969)
Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?
Wisconsin v. Yoder (1972)
The Supreme Court addressed the admissions policy of the University of Michigan Law School in Grutter v. Bollinger (2003). Justice Sandra Day O'Connor wrote for the court, "in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants." The primary issue in the Grutter v. Bollinger decision involves
affirmative action
The Supreme Court decision declaring state-mandated school segregation to be unconstitutional
limit free speech
The passing of the Voting Rights Act of 1965 is a significant political event because it
was instrumental in increasing the number of African American and other minority voters
According to the clear and present danger test, speech may be restricted
when it incites violent action
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
The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following?
The Fourteenth Amendment's guarantee of equal protection
Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women.
The Fourth Amendment protection against unreasonable search and seizure
Elizabeth Cady Stanton, Seneca Falls Convention, 1848 Which of the following best captures a portion of the author's argument?
The government has made women subservient by denying them the right to vote.
An investigative reporter uncovers illegal and unethical behavior on the part of a state government official. When the local newspaper announces that it will publish the story, the state government issues an injunction to stop the story from being released before being reviewed by government lawyers. Which of the following best represents how the court will most likely respond to the case?
The newspapers will be permitted to publish the story without a review by the government's lawyers.
At a public high school, several students raised a banner and wore clothing in support of a candidate running in the upcoming presidential election during lunch period. The principal asked the students to put away the banner, citing safety concerns. Which of the following Supreme Court cases is most relevant to this scenario?
Tinker v. Des Moines Independent Community School District (1969)
Which of the following 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)
Which of the following decisions is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision?
A decision in favor of students holding signs that protest a new policy
The Supreme Court addressed policies related to government hiring practices and race in City of Richmond v. J. A. Croson Company. In 1983, the local government in Richmond, Virginia enacted a regulation that required companies that received contracts from the city to subcontract at least 30 percent of that work to minority business enterprises. When the J.A. Croson Company lost a contract due to this regulation, they sued the city. The court found in favor of the business, reasoning that racial quotas were not protected by the Fourteenth Amendment and were an impermissible requirement for employment Which of the following issues was the primary concern in City of Richmond v. J. A. Croson Company?
Affirmative action policies intended to address workplace and educational disparities.
A classified Department of Defense study on the effectiveness of the United States involvement in the Afghanistan War is obtained by a newspaper. The president seeks to block the publication of the document. The court rules in favor of the newspaper, citing as precedent the Supreme Court's decision in New York Times Co. v. United States (1971). Based on the ruling in the Supreme Court's decision, which of the following lines of reasoning does the court most likely use?
Freedom of the press requires that the government show a significant danger to national security in order to stop publication.
Which of the following 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.
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 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.
Civil rights activists, such as those who campaign for gay and lesbian equal rights and those who advocated for racial equality in the 1950s and 1960s, often find the most effective way to secure those rights is
through litigation in the courts to gain legal protections against discrimination
