Unit 3 - Practice test B
A
12. Which of the following is an accurate comparison of civil liberties and civil rights? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
B
21. Which of the following best illustrates the concept of civil rights? A. The rights of individuals against unjust governmental interference B. The rights of individuals against discrimination based on their race, sex, or other demographic characteristics C. The rights of individuals to life, liberty, and property D. The rights of individuals to ask government for redress of grievances
D
34. Which of the following is an accurate comparison of the two court cases? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
A
6. The legal concept through which the SCOTUS has nationalized the Bill of Rights is called the: A. incorporation doctrine B. implied powers doctrine C. enumerated powers doctrine D. due process doctrine
A
In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. 9. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)? A. The establishment clause B. The due process clause C. The equal protection clause D. The equal protection clause II
A
13. The __________ Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be a witness against himself." A. Fifth B. Fourth C. Sixth D. Eighth
C
16. A right to privacy is best defined as which of the following? A. People have the right to be represented in a case by a lawyer B. People have the right to refuse to speak to a police officer if it will cause them to incriminate themselves C. People are protected from the government infringing in their personal life D. People are protected from the government imprisoning them for their private speech
A
3. Which of the following amendment protects citizens from cruel and unusual punishments? A. The Eight Amendment B. The Fourth Amendment C. The Sixth Amendment D. The Second Amendment
C
32. Title IX of the Education Act of 1972: requires gender parity in public school enrollments A. allows gender discrimination in education if it can be demonstrated to be an "educational necessity" B. requires public school institutions to demonstrate equal average scores among male and female students on standardized tests C. forbids gender discrimination in federally subsidized education programs, including athletics D. prohibits single-sex education institutions and schools
C
33. In Schenck v. United States (1919), Justice Holmes said that speech can be restricted when it: A. advocates the violent overthrow of the United States B. is expressed on private property C. provokes "a clear and present danger" to people D. is spoken rather than non-verbal or symbolic E. is uttered by government officials in an effort to establish a religion
C
35. The Eighth Amendment to the Constitution: A. is the right to bear arms B. is the freedom of privacy C. forbids cruel and unusual punishment D. protects freedom of assembly
B
"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas 10. Which of the following Supreme Court cases is most relevant to the topic of the passage? A. New York Times Co. v. United States (1971) B. Tinker v. Des Moines (1969) C. Schenck v. United States (1919) D. Engel v. Vitale (1962)
C
17. The establishment of a national or official religion is prohibited by the: A. freedom of religion B. free exercise clause C. establishment clause D. Second Amendment
B
2. Which of the following describes a reason why the Framers decided to include a Bill of Rights? A. It was specifically designed to articulate the enumerated and implied powers of the federal government B. It was specifically designed to protect individual liberties and rights from a strong central government C. It was specifically designed to outline the amendment process and extend voting rights to disenfranchised groups D. It was specifically designed to determine what powers were given to the federal government and what powers were given to the states
C
23. Which of the following statements best explains the impact of this decision? A. It enhanced the state's power to conduct searches and seizures without a warrant B. It limited state power to conduct legal searches and seizures in all cases involving free speech or press C. It applied the Fourth Amendment to the states through the incorporation doctrine D. It applied the Fourth Amendment to the federal government through total incorporation
C
31. The 14th Amendment specifically forbids the states from denying to anyone: A. the right to vote on the basis of sex B. the right to vote on the basis of race C. equal protection of laws D. freedom of privacy
A
36. In dealing with First Amendment cases involving religion, the SCOTUS has ruled that: A. while all religious beliefs are constitutionally protected, all religious practices are not B. government must not interfere with any expression of religious faith C. such questions should be resolved at the state and local levels of government D. the Constitution does not protect antireligious beliefs and practices
D
40. Which of the following is an accurate comparison of the two court cases? A. Comparison A B. Comparison B C. Comparison C D. Comparison D
A
In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a "whites only" train. He refused to move to the car reserved for black people and was arrested. The case went to the Supreme Court and the Supreme Court ruled to uphold the Louisiana law. 28. Which statement accurately summarizes the impact of the Plessy v. Ferguson (1896) decision? A. It restricted African-American access to the same public facilities as the majority white population B. It restricted African-American voting power by ruling that poll taxes and literacy tests were constitutional C. It protected African-American access to the same public facilities as the majority white population D. It protected African-American voting power by requiring that states create majority-minority legislative districts
B
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. 27. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)? A. The equal protection clause B. The due process clause C. The establishment clause D. The privileges or immunities clause
A
"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) 22. Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument? A. McDonald v. Chicago (2010) B. Baker v. Carr (1961) C. Shaw v. Reno (1993) D. United States v. Lopez (1995)
B
"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison, 20 December 1787 1. Which of the following statements best summarizes Jefferson's argument? A. A bill of rights is unnecessary because state constitutions already protect the rights of the people B. A bill of rights is necessary to protect civil liberties from infringement from the federal government C. A bill of rights is unnecessary because listing some rights will lead to government regulation of those rights D. A bill of rights is necessary to protect civil rights like equal protection under the law
B
"[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State." Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973) 39. Which of the following statements is most consistent with the author's argument in this passage? A. The right to life, liberty, and property is more important than an implied right to privacy B. The Bill of Rights implies that there is a right to privacy that the government cannot infringe upon C. The Constitution does not give the federal government the right to regulate abortions, therefore that is a state's responsibility D. The Tenth Amendment gives states the right to infringe on a person's right to privacy for the sake of regulating moral behavior
C
11. Which of the following scenarios would most likely be considered a violation of the Fifth Amendment? A. A suspect is held in prison for ten years without a trial B. A suspect's computer history is searched before a warrant is issued C. A person is tried twice for the same crime D. A person is arrested for protesting a Supreme Court decision
C
14. Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment? A. A group of workers is arrested for picketing on the sidewalk outside a restaurant during the day, claiming that they are paid less than the minimum wage B. A man is arrested after organizing a protest against a new sanctuary city law proposed by his state legislature C. A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law D. A woman is arrested for wearing a shirt that says "End military involvement in the Middle East"
A
15. Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties? A. In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual's right to own a gun B. In cases involving interpretations of the First Amendment, the Court has shown a commitment to an individual's right to freedom of speech, even when it poses clear danger of harm C. In cases involving interpretations of the Fourth Amendment, the Court has shown a commitment to the government's right to search an individual's cell phone without a warrant D. In cases involving interpretations of the Eighth Amendment, the Court has shown a commitment to the government's right to punish as they deem necessary
D
18. The free exercise clause is best defined as which of the following? A. A provision of the First Amendment that prohibits the federal government from making an official American religion B. A provision of the Fourteenth Amendment that prohibits governments from depriving a person's life, liberty, or property without due process of law C. A provision of the Fourteenth Amendment that prohibits governments from denying any person within their jurisdiction equal protection under the law D. A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion
B
19. Which of the following statements best explains how the ruling in Wisconsin v. Yoder (1972) changed the balance of power between governments and protection for individual liberties? A. It enhanced the power of the federal government to place limitations on speech which creates a "clear and present danger" B. It limited the power of state governments by declaring a state law requiring Amish children to attend school until they were 16 as a violation of the First Amendment C. It limited the power of the federal government by striking down a school policy that required the reading of a prayer at the start of the school day D. It enhanced the power of state governments by allowing schools to ban symbolic speech like black armbands to protest a war
B
5. Which of the following amendments is most relevant to the topic of the cartoon? A. The Eight Amendment B. The Fourth Amendment C. The Sixth Amendment D. The Second Amendment
D
7. Which of the following statements best explains how the Court's ruling in New York Times Co. v. United States (1971) changed the balance of power between law and order and the protection of individual liberties? A. It limited the power of state governments by striking down a school policy that required the reading of a prayer at the start of the school day B. It enhanced the power of state governments by declaring a state law requiring Amish children to attend school until they were 16 constitutional C. It enhanced the power of the federal government to place limitations on speech which creates a "clear and present danger" D. It restricted the power of the federal government to prevent the press from releasing classified information
C
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant. 20. This case is an example of which of the following? A. Miranda rule B. The right to legal counsel C. The exclusionary rule D. The "public safety" exception
C
In 1976, a Nebraska state trial judge issued a gag order, restricting the press from publishing or broadcasting information about the case. The Nebraska Press Association appealed the ruling and the case went to the Supreme Court. The Court ruled that the press reporting events surrounding the trial would not affect the defendant's right to a fair trial. 8. Which of the following constitutional protections or clauses does this case have in common with New York Times Co. v. United States (1971)? A. The free exercise clause B. The establishment clause C. Freedom of the press D. Freedom of assembly
B
In the 1960s and 1970s, women began protesting gender discrimination in colleges and universities, such as unequal scholarship allocation to men's sports and women's sports. 26. Which of the following statements describes how Congress responded to this situation? A. Congress passed the Nineteenth Amendment B. Congress passed Title IX of the Education Amendments Act of 1972 C. Congress passed the Civil Rights Act of 1964 D. Congress passed the Equal Rights Amendment
D
Use the cartoon below to answer questions 4 and 5. After the terrorist attack on September 11th, the United States issued the USA PATRIOT Act, giving federal agencies the power to conduct surveillance and perform searches. 4. Which of the following best describes the message in the political cartoon? A. The USA PATRIOT Act has given the government too much power to detain suspected terrorists, which should be unconstitutional under the Fifth Amendment B. The USA PATRIOT Act has led to more arrests of suspected terrorists and uncovered valuable information C. Passing the USA PATRIOT Act was necessary to guarantee public safety from another terrorist attack D. The USA PATRIOT Act has given the government too much power to perform searches, which should be unconstitutional under the Fourth Amendment
D
Use the excerpt below to answer questions 24 and 25. "The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 24. Supporters of Kagan's view that a state cannot use race as a predominant factor in creating districts could cite which of the following cases as precedent? A. Baker v. Carr (1961) B. McCulloch v. Maryland (1819) C. Citizens United v. Federal Election Commission (2010) D. Shaw v. Reno (1993)
A
Use the excerpt below to answer questions 24 and 25. "The District Court's assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan's own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court's credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho's resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments." -Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017 25. Based on the text above, which of the following statements would the author agree with? A. Majority-minority districts are unconstitutional when those districts are created based on racial differences B. Majority-minority districts are constitutional when the state is trying to meet standards set by the Voting Rights Act of 1965 C. Majority-minority districts are unconstitutional when there is a clear partisan divide as well as a racial divide D. Majority-minority districts are only constitutional when there are not enough minority representatives in state legislatures
D
Use the excerpt below to answer questions 29 and 30. "An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. 29. Which of the following constitutional provisions guarantees that "sameness [is] made legal" in King's argument A. The establishment clause of the First Amendment B. The faithful execution clause of Article II C. The equal protection clause of the Fourteenth Amendment D. The full faith and credit clause of Article IV
B
Use the excerpt below to answer questions 29 and 30. "An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. 30. Supporters of King's view that just laws treat the majority and minority the same could point to which of the following Supreme Court cases? A. McDonald v. Chicago (2010) B. Brown v. Board of Education of Topeka (1954) C. McCulloch v. Maryland (1819) D. Tinker v. Des Moines Independent Community School District (1969)
C
Use the excerpt below to answer questions 37 and 38. "As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers." Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) 37. Which of the following statements is most consistent with the author's argument in this passage? A. The Constitution does not include enough protections for people of color and the Court has to rectify that B. The Constitution is colorblind and any racial classifications, even when used to help minorities, are harmful to society C. The Constitution only forbids racial classifications when they are designed to harm minorities, not help them D. The Constitution allows for the use of race-based quotas as a way to remedy past injustices
C
Use the excerpt below to answer questions 37 and 38. "As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers." Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) 38. Based on the text, which of the following statements would the author most likely agree with? A. Colleges and universities should be forbidden from taking race into consideration for student admissions B. Affirmative action policies are an example of reverse racism and violate the equal protection clause of the 14th Amendment C. Colleges and universities should be allowed to use race as a factor in admissions D. Affirmative action policies give an unfair advantage to people of color for admission to colleges and universities