AP Gov - Unit 5 Questions
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 - A witness is called to testify against a suspect accused of plotting a terrorist attack. B - A police officer acts to stop a crime while it is being committed but does so without a warrant. C - A person who is unable to afford an attorney is tried and convicted of a crime without legal representation. D - A suspect is informed of the right to an attorney but confesses to a crime prior to receiving legal advice.
C
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.
C
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
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? 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 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
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
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
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
Which of the following is an accurate comparison of the establishment clause and the free exercise clause? A Establishment Clause - Used by founders to establish Christianity as the national religion Free Exercise Clause -Reflects a basic belief in the protection of religious freedom B Establishment Clause - Prohibits the federal government from promoting religion or creating a national religion Free Exercise Clause - Protects an individual's religious beliefs and reasonable religious practices C Establishment Clause - Provides a wall of separation of between church and state Free Exercise Clause - Not a civil liberty incorporated to states D Establishment Clause - Ensures that all students must attend public school regardless of religious views. Free Exercise Clause - Protects again school-led prayer ceremonies
B
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.
B
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
In Roe v. Wade, the majority of Supreme Court justices determined that A - a constitutional right to privacy necessitated making contraceptives legal B - abortions could be performed only during the first twelve weeks of a pregnancy C - homosexuality is unconstitutional D - the United States Constitution implies a right to privacy and thus made abortions legal E - a husband is allowed to veto his wife's decision to have an abortion
D
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
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
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)
A
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
C
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
C
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
D
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
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
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
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.
B
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
Which of the following pairs of cases used the Fourteenth Amendment's due process clause to expand individual liberties? A Case 1 - Schenck v. United States (1919) Case 2 - Engel v. Vitale (1962) B Case 1 - McCulloch v. Maryland (1819) Case 2 - New York Times Company v. United States (1971) C Case 1 - Marbury v. Madison (1803) Case 2 - McDonald v. Chicago (2010) D Case 1 - Roe v. Wade (1973) Case 2 - Gideon v. Wainwright (1963)
D
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
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.
C
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? 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
D
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
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
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
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? A - Freedom of the press cannot be abridged except for restrictions on time, place, and manner of the communication. B - Freedom of the press requires that the government show a significant danger to national security in order to stop publication. C - Freedom of the press permits the press to print any story, but if the story embarrasses public officials, they can sue under defamation laws. D - Freedom of the press cannot be abridged by the actions of the president without a law passed by Congress.
B
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? A - The Fourth and Fifth Amendments B - The Fifth and Sixth Amendments C - The Sixth and Eighth Amendments D - The Fourth and Eighth Amendments
B
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
B
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
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
C
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
D
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
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)
D
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.
C
Which of the following is an accurate comparison of rights protected and not protected by the First Amendment? A Protected by the First Amendment - Amendment Libel/slander Not Protected by the First - Fighting words B Protected by the First Amendment - Freedom of religion Not Protected by the First - Freedom of assembly C Protected by the First Amendment - The right to burn a flag Not Protected by the First - Obscenity D Protected by the First Amendment - Online newspapers Not Protected by the First - The right of a student to pray in school
C
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
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.
C
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
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? 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
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 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? A - Full faith and credit B - Selective incorporation C - Equal protection D - Eminent domain
B
"...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"? A - Unlike César Chávez, Dr. Martin Luther King, Jr. supported the use of violence after all other means had been exhausted. B - Unlike Dr. Martin Luther King, Jr., César Chávez supported the use of violence as a means to start the movement. C - Both César Chávez and Dr. Martin Luther King, Jr. argued for the continued use of nonviolence to further their causes. D - Both César Chávez and Dr. Martin Luther King, Jr. argued for the use of nonviolence after standards of equality had been met.
C
"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 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 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
"We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government . . ." ". . . Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. To prove this, let facts be submitted to a candid world. He has never permitted her to exercise her inalienable right to the elective franchise. He has compelled her to submit to laws, in the formation of which she had no voice. He has withheld from her rights which are given to the most ignorant and degraded men. . . . Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her without representation in the halls of legislation, he has oppressed her on all sides. He has made her, if married, in the eye of the law, civilly dead. He has taken from her all right in property, even to the wages she earns." Elizabeth Cady Stanton, Seneca Falls Convention, 1848 Which of the following best captures a portion of the author's argument? A - Women elected officials have not done enough to pass laws promoting women's rights. B - Men and women are legally equal, but women are morally superior to men. C - The government has made women subservient by denying them the right to vote. D - Women have faced too much suffrage due to the actions of the government.
C
"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? 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
