AP GOV unit 3
Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions? A The state may do so at any time during the pregnancy as it is seeking to foster maternal health and protect fetal life. B The state may never do so during the pregnancy as the woman has an absolute right to privacy and to end her pregnancy whenever she wishes. C 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. D Roe did not involve abortion rights. In the Supreme Court's view, it created the implied right to privacy, based on the "penumbra" of protections emanating from the Bill of Rights.
C Roe is the landmark case setting out women's right to an abortion in contrast with the states' rights to regulate abortions under a trimester framework. The Supreme Court struck down a Texas law that prohibited women from seeking abortions at any time during their pregnancies.
Which of the following statements is best supported by the information on the map? A Some states are more interested in cooperating with the federal government than others are. B Some states prioritize freedom of the press over criminal prosecutions. C Some states receive more federal funding for shield law programs than other states do. D Some states adhere to the exclusionary rule of the First Amendment more than other states do.
B Each state has the power to determine for itself the extent of protections for freedom of the press, which is shown in the map. States with greater protections likely support stronger protections for freedom of the press.
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? A The Third Amendment B The Fourth Amendment C The Seventh Amendment D The Eighth Amendment
B The Fourth Amendment protections against unwarranted search and seizure applies to this scenario because the Court has ruled that police acquisition of smartphone information without establishing probable cause for a warrant is a violation of the defendant's Constitutional rights.
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? A The "one person one vote" rule in Baker v. Carr (1962) B The free exercise clause in Wisconsin v. Yoder (1972) C The First Amendment's establishment clause in Engel v. Vitale (1962) D The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)
D Brown ruled that states violated the Fourteenth Amendment's equal protection clause when they sought to segregate public school students by race.
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) ? A United States v. Lopez (1995) B Engel v. Vitale (1962) C Roe v. Wade (1972) D Brown v. Board of Education of Topeka (1954)
D The Shelley case, a ruling about racial discrimination in housing, is most similar to Brown, a Supreme Court case about segregation in public schools.
Which of the following scenarios is an example of a constitutional application of affirmative action? A A high school athletic program adds a women's basketball team in addition to its existing men's basketball team. B A federal contractor actively recruits qualified minorities and women for positions in the company. C A company providing a public service is required to serve all customers regardless of race or religion. D A person who cannot afford an attorney is provided one by the state.
B Federal law requires that companies that are awarded contracts with the federal government must take affirmative action to recruit and advance qualified minorities, women, and persons with disabilities.
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? A Symbolic speech B Equal protection C Judicial review D Selective incorporation
D Selective incorporation is the doctrine based on the Fourteenth Amendment in which the Court applies the provisions of the Bill of Rights to the states in a piecemeal fashion via the due process clause.
The text in the passage likely inspired Congress to act based on which of the following clauses of the United States Constitution? A The free exercise clause of the First Amendment B The commerce clause in Article I, Section 8 C The reserved powers clause of the Tenth Amendment D The equal protection clause of the Fourteenth Amendment
D The equal protection clause of the Fourteenth Amendment guarantees equal treatment under the law. The speech highlights inequalities stemming from unequal treatment.
The author cites the case District of Columbia v. Heller (2008) in order to A illustrate that the Supreme Court has incorrectly upheld restrictions on the right to bear arms B show that the author's perspective is supported by recent decisions made by the Supreme Court C illustrate that the Supreme Court's interpretation of the Second Amendment has recently changed D make the case that the power of government needs to be expanded with regard to the right to bear arms
C The Supreme Court decision in Heller is used as an example that the Supreme Court's interpretation of the Second Amendment has recently changed.
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? A Free expression and freedom of religion B Limits on unreasonable searches and seizures by governmental actors C Equal protection of the laws and due process D The right to vote for African American males over the age of twenty-one
C The Fourteenth Amendment limits state action to base school attendance on race and requires school integration by means of the equal protection and due process clauses.
In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights? A It ruled that the state had an overarching right to compel students of all ages to attend public school through the twelfth grade. B It ruled that the state had no justifiable interest to compel students of all ages to attend public school through the twelfth grade. C It balanced the state's interest in compulsory education with the students' free speech rights. D It balanced the state's interest in compulsory education with the students' free exercise rights.
D The Supreme Court ruled in Yoder that the Wisconsin statute that required students to attend school beyond the eighth grade (to age sixteen) violated the free exercise of the religious rights of the Amish without a sufficient state interest to do so.
Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ? A "Congress shall make no law respecting an establishment of religion." B "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." C "No person shall . . . be compelled in any criminal case to be a witness against himself." D "[T]he right of the people to keep and bear Arms, shall not be infringed."
D The Second Amendment protects an individual's right to bear arms and protect one's home.
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? A The exclusionary rule B Selective incorporation C Time, place, and manner restrictions D Equal protection clause
D Affirmative action cases, such as the Bakke example, often need to consider whether the specific affirmative action policy violates the equal protection clause. The Supreme Court ruled that schools must balance the goal of a diverse student body with a consideration of fairness in admissions for all races.
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? A Title IX of the Education Amendments Act of 1972 B The Civil Rights Act of 1964 C The Bipartisan Campaign Reform Act of 2002 D The Gun-Free School Zones Act of 1990
B The Civil Rights Act of 1964 provided equal access to public accommodations and prohibited discrimination on the basis of race in the workplace. These are issues discussed in the passage.
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? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
B The due process clause of the Fourteenth Amendment is the provision that allowed the Supreme Court to incorporate provisions of the Bill of Rights to the states. The Supreme Court relied on this clause to extend the right of privacy to women seeking abortions.
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? A New York (NY) B Missouri (MO) C Wyoming (WY) D Georgia (GA)
A The map shows that New York (NY) has a shield law that protects journalists' sources without exception.
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) ? A Plessy established a precedent that was eventually overturned in the Brown case. B The decision in Plessy was used to support the ruling in Brown. C The "separate but equal" principle was established in Plessy and used in Brown. D The "separate but equal" principle was upheld in Brown but not in Plessy.
A The precedent of "separate but equal" was established in the Plessy case but was overturned in Brown.
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? A The due process clause B The necessary and proper clause C The equal protection clause D The free exercise clause
C The equal protection clause of the Fourteenth Amendment prevents public schools from segregating students by race.
Which of the following cases involves a state law that prevents women who are pregnant from seeking abortions? A Gideon v. Wainwright (1963) B Wisconsin v. Yoder (1972) C Schenck v. United States (1919) D Roe v. Wade (1973)
Roe is the landmark case contrasting a woman's right to an abortion with the states' rights to regulate abortions. The Court struck down the Texas law prohibiting women from seeking abortions at any time during their pregnancies.
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? A The Third Amendment B The Fifth Amendment C The Sixth Amendment D The Seventh Amendment
C The Sixth Amendment grants those accused of a crime the right to a fair trial, including the assistance of defense counsel. The Court's ruling in Gideon v. Wainwright (1963) extended this protection beyond federal courts to the state courts.
Which of the following cases addresses the issue of mandatory public school prayer? A Engel v. Vitale (1962) B Schenck v. United States (1919) C Tinker v. Des Moines Independent Community School District (1969) D Shaw v. Reno (1993)
Engel was a First Amendment case involving the invocation of a public school teacher-led prayer, which the Supreme Court invalidated with its interpretation of the establishment clause.
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? A Engel v. Vitale (1962) B Gideon v. Wainwright (1963) C Baker v. Carr (1962) D Wisconsin v. Yoder (1972)
A Engel was a First Amendment case involving the invocation of a public school teacher-led prayer that the Supreme Court ruled as a violation of the Establishment Clause.
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? A The First Amendment B The Second Amendment C The Sixth Amendment D The Ninth Amendment
A In the scenario, the students are assembling as a group to protest against a government action. The First Amendment guarantees the right to peaceably assemble or the right to petition the government for redress of grievances.
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) ? A Both cases challenged the authority of Congress to pass legislation that addressed local segregation. B Both cases upheld the power of the federal government to ensure equal protection under the law. C Both cases decided that actions taken by the president to end segregation were unconstitutional. D Both cases were about the application of the Thirteenth Amendment to the states.
B Both cases dealt with racial segregation and the violation of the equal protection clause.
"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? A People in the United States agree that the Second Amendment protects the rights of the individual. B The Supreme Court has the power of judicial review to determine whether state gun control laws are consistent with the United States Constitution. C Historical records show that the Second Amendment was supposed to protect the right of individuals to own a gun, and not just for the purpose of supporting militias. D The Second Amendment does not protect an individual right, but was written by the founders to ensure that militias would have access to needed armaments.
C The author's main argument is that opinions have differed over whether the Second Amendment protects individual rights.
Which of the following is an example of affirmative action? A The president submits a report to Congress forty-eight hours after he deployed troops in an overseas conflict. B The United States Department of Education offers low-interest college student loans to all financially qualified students. C Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program. D The state of Virginia awards an infrastructure contract to the company with the lowest bid.
C This is an example of an affirmative action practice because Harvard is increasing access to its medical school residency program by recruiting historically disadvantaged or underrepresented minorities and women.
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? A The Supreme Court has ruled that shield laws are incorporated to the states to decide on their own, while the issue of prior restraint applies only to the federal government. B The issue of shield laws does not apply to the federal government because criminal prosecutions occur only at the state level. On the other hand, the issue of prior restraint arises only in situations in which the president is invoking executive privilege to prevent information from being reviewed. C 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. D The First Amendment supports freedom of the press, which requires that each state develop guidelines for shield laws. However, the issue of prior restraint is not incorporated to the states because it is not related to freedom of the press.
C In New York Times Co. v. United States (1971), the Supreme Court ruled that the First Amendment contains strong protections against prior restraint. However, protection for sources has clearly not been given that same level of protection, as illustrated by the many states on the map that do not have shield laws or have weak shield laws.
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? A Executive Privilege under Article II, holding that the president is "commander-in-chief" B States' rights under the Tenth Amendment, holding that such powers were "not delegated to the United States by the Constitution" and, thus, "reserved to the States respectively" C The equal protection clause under the Fifth Amendment, holding that one cannot "be deprived of life, liberty, or property, without due process of law" D 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"
D The Supreme Court applied the provisions of the Bill of Rights to the states in a piecemeal fashion using the doctrine of selective incorporation via the Fourteenth Amendment's due process clause.
Which of the following best characterizes the debate regarding the Second Amendment according to the author of the passage? A The Second Amendment debate underscores the broader constitutional mission to balance the individual rights of citizens and the need for rule of law. B The Second Amendment debate has been clouded by powerful interest groups who are influential at the federal level. C The rights guaranteed by the Second Amendment, like those guaranteed by the First Amendment, require practical limitations, but striking the appropriate level of regulation has historically been a challenge. D The Second Amendment is viewed by some as an individual rights issue but by others as a states' rights issue.
D The author claims that the Second Amendment is viewed as both an individual rights issue and a states' rights issue.
Which of the following explains the most significant long-term consequence of the ideas expressed in the passage? A Affirmative action was adopted as a measure to address long-term inequality. B The value of "all men are created equal" was reaffirmed both in law and in American political culture. C African Americans migrated to the South in search of the American dream. D Congress passed an amendment to the United States Constitution to include the notion of equality in American law.
B Before the Civil Rights movement, the notion that "all men are created equal" was openly disputed by some proponents of segregation and carried out in legislation that discriminated against African Americans and others. Following the movement, fewer people have openly disputed the application of this quote from the Declaration of Independence, which is reaffirmed in King's speech. This was a significant cultural shift.
