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 scenarios is an example of a constitutional application of affirmative action?

A federal contractor actively recruits qualified minorities and women for positions in the company.

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 A state law levies a tax on a bank established by the federal government. B Congress uses the commerce clause to establish a gun-free school zone. C A media company is prevented from publishing a classified document. D A local school district mandates racially segregated schools.

A local school district mandates racially segregated schools.

Which of the following applications of affirmative action would the United States Supreme Court likely consider unconstitutional? A A company actively recruits women and minorities in its hiring practices for a federal contract. B A state university refuses acceptance of any new applicants from a specific race. C A university values racial diversity on its campus and considers race as one of many factors when considering applicants to its freshman class. D The United States Department of Transportation hires a contractor with a history of hiring and promoting minorities and women for the construction of an interstate highway.

A state university refuses acceptance of any new applicants from a specific race.

Which of the following would most likely be protected by the First Amendment? A A reporter knowingly publishes a false story that injures the subject's reputation. B A student wears a black armband at school to protest government involvement in a war. C An individual issues a threat against another individual on social media. D An individual spray paints graffiti on a public building to protest a government action.

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

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

After arrest, a suspect is informed of the right to remain silent during interrogation.

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

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

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

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

"...If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers. Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people's support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems. We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal. ...When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength...." César Chávez, "He Showed Us the Way," 1978 Which of the following 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.

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) ? A Both cases were related to school bussing. B Both cases were primarily about the application of the commerce clause to address segregation. C Both cases ruled that the federal government did not have the authority to address segregation. D Both cases struck down local ordinances that prescribed segregation.

Both cases struck down local ordinances that prescribed segregation.

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)

Discrimination in public accommodations was made illegal in the United States as a direct result of the A Supreme Court decision in Brown v. Board of Education of Topeka B Supreme Court decision in Sweatt v. Painter C Civil Rights Act of 1964 D Montgomery bus boycott E Voting Rights Act of 1965

Civil Rights Act of 1964

To enforce the Fourteenth Amendment more clearly, Congress passed the A Civil Rights Act of 1964 B Gramm-Rudman-Hollings Act C Social Security Act D Twenty-sixth Amendment E War Powers Resolution

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? A Grassroots libertarian advocacy organizations have advocated in favor of less economic regulation of the marketplace. B The Supreme Court has ruled that Fifth Amendment prohibition on double jeopardy was made applicable to the states. C Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality. D President Franklin D. Roosevelt's State of the Union address urged Congress to pass legislation that would ensure greater economic security for the American people.

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 is the likely effect of the Court's ruling in the Bakke case? A Colleges can consider race but cannot use strict racial quotas in admission practices. B Affirmative action practices can never be employed in college admission decisions. C As a result of the Bakke decision, colleges and universities stopped considering race as a factor in admissions. D The Bakke decision affected the admissions practices only at private colleges, not at public universities.

Colleges can consider race but cannot use strict racial quotas in admission practices.

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 A The due process clause B The necessary and proper clause C The free exercise clause D The equal protection clause

D The equal protection clause

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 A protecting the rights of minority children in the schools B overcoming discrimination based on sexual orientation C racial justice D equality for women E affirmative action

D equality for women

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

Due process

Which of the following 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)

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether or not race can be considered in college admissions, Supreme Court Justice Lewis Powell wrote that " . . . Race or ethnic background may be deemed a 'plus' in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." Which of the following legal concepts is Justice Powell considering in his statement?

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

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

Federal government only

Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's A Preamble B necessary and proper clause C supremacy clause D Tenth Amendment E Fourteenth Amendment

Fourteenth Amendment

Which of the following is an example of affirmative action?

Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program.

"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.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 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 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.

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

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

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

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

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

Nixon Administration Goes to Court to Stop Pentagon Papers Release

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.

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

Prohibits the setting up of a state church.

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

Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government

Which of the following cases involves a state law that prevents women who are pregnant from seeking abortions?

Roe v. Wade (1973)

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

In Brown v. Board of Education of Topeka, the Supreme Court established which of the following principles? A A school official can search a student for drugs. B Everyone must go to school at least until the age of 16. C Tuition for private schools cannot be tax deductible. D Separation of students by race, even in equally good schools, is unconstitutional. E A moment of silent prayer at the beginning of the school day is allowable under the First Amendment.

Separation of students by race, even in equally good schools, is unconstitutional.

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

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

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.

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. 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

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

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? A The necessary and proper clause B The Fourteenth Amendment C The Judiciary Act of 1789 D The Civil Rights Act of 1964 E The Voting Rights Act of 1965

The Fourteenth Amendment

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)

The United States Supreme Court decision in Brown v. Board of Education of Topeka was based on which of the following? A The First Amendment's right to freedom of expression B The Fourteenth Amendment's due process clause C The Fourteenth Amendment's guarantee of equal protection D The Fourth Amendment's exclusionary rule E The Fifth Amendment's power of eminent domain

The Fourteenth Amendment's guarantee of equal protection

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

"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.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 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.

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 did the most to expand civil rights in the 1950's? A State legislative decisions desegregating public accommodations B State court decisions outlawing poll taxes C The passage of voting-rights legislation by Congress D Executive orders mandating affirmative action E The Supreme Court decision declaring state-mandated school segregation to be unconstitutional

The Supreme Court decision declaring state-mandated school segregation to be unconstitutional

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.

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

The death penalty is not necessarily cruel and unusual punishment.

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 Roe v. Wade (1973), the United States Supreme Court used what provision of the United States Constitution to extend the right to privacy to women seeking abortions?

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

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. 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

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial? A The writ of habeas corpus B The exclusionary rule C The Miranda warning D The protection against ex post facto

The exclusionary rule

A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial? A The due process rights of the Fifth Amendment require that the evidence be reviewed by the prosecution before being admitted as evidence in court. B The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect. C Since the evidence obtained suggests illegal activity, the evidence may be used against the defendant in a criminal trial. D If the case is in the state court system, the evidence can be used against the defendant.

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

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

The fallen pillars

Just beyond the horizon of current events lie two possible political futures—both bleak, neither democratic. The first is a retribalization of large swaths of humankind by war and bloodshed: a threatened Lebanonization of national states in which culture is pitted against culture, people against people, tribe against tribe—a Jihad in the name of a hundred narrowly conceived faiths against every kind of interdependence, every kind of artificial social cooperation and civic mutuality. The second is being borne in on us by the onrush of economic and ecological forces that demand integration and uniformity and that mesmerize the world with fast music, fast computers, and fast food—with MTV, Macintosh, and McDonald's, pressing nations into one commercially homogeneous global network: one McWorld tied together by technology, ecology, communications, and commerce. The planet is falling precipitantly apart and coming reluctantly together at the very same moment. Benjamin Barber, "Jihad vs. McWorld," 1992 Since 1992, how has concern over the increasingly dangerous world described in the passage most affected American political debates? A It has led to a decline in the power of states to enforce their own state laws. B Congress has increased its role in foreign policy, especially when it comes to combat operations. C There has been a decline in support for the free enterprise system due to the increased number of trade agreements. D The federal government has increased its surveillance powers, leading to a debate about the balance between civil liberties and security.

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

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

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

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

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

"...If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many injuries and perhaps deaths on both sides, or there will be total demoralization of the workers. Nonviolence has exactly the opposite effect. If, for every violent act committed against us, we respond with nonviolence, we attract people's support. We can gather the support of millions who have a conscience and would rather see a nonviolent resolution to problems. We are convinced that when people are faced with a direct appeal from the poor struggling nonviolently against great odds, they will react positively. The American people and people everywhere still yearn for justice. It is to that yearning that we appeal. ...When victory comes through violence, it is a victory with strings attached. If we beat the growers at the expense of violence, victory would come at the expense of injury and perhaps death. Such a thing would have a tremendous impact on us. We would lose regard for human beings. Then the struggle would become a mechanical thing. When you lose your sense of life and justice, you lose your strength...." César Chávez, "He Showed Us the Way," 1978 Which of the following provisions of the Bill of Rights could support the actions that César Chávez is encouraging the farmworkers to take? A The right to fair trial B The right to assemble C The right to bear arms D The right to an attorney

The right to assemble

Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions?

The state's interest in prohibiting abortions is greatest during the third trimester of the pregnancy; thus, the state may prohibit women from seeking abortions in some conditions.

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. 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 statements presents the most important limitation of the data in the graph? A The time frame for the data is misleading. B There is no information about the total number of state legislators. C There are insufficient data points to detect a trend. D The trend over time is potentially misleading and would be easier to read in a pie chart.

There is no information about the total number of state legislators.

"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.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 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 process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as A judicial review B incorporation C broad construction D federalism E stare decisis

incorporation

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

limit free speech

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

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

Jim Crow laws, still in place in the early 1960s in the South, were outlawed by the A incorporation of the Bill of Rights B 1963 march on Washington C passage of the 1964 Civil Rights Act D Supreme Court decision in Brown v. Board of Education of Topeka E Supreme Court decision in Dred Scott v. Sandford

passage of the 1964 Civil Rights Act

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

sex discrimination in employment

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 A through mass demonstrations to raise awareness of their cause B through lobbying of individual members of Congress for support on legislation C through litigation in the courts to gain legal protections against discrimination D by launching educational campaigns to increase the level of public support for their cause E by persuading presidents to issue executive orders that prevent discrimination within the federal workforce

through litigation in the courts to gain legal protections against discrimination

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

voluntary prayer by student groups before school

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

when it incites violent action