ap gov unit 5 quizzes

The decisions of the Military Court of Review can be appealed to A. the appeals court for the D.C. circuit. B. the U.S. Supreme Court. C. the secretary of defense. D. U.S. district courts. E. A and B

E. A and B

Which of the following statements concerning the Bill of Rights and state power is incorrect? A. The Bill of Rights originally applied only to the federal government. B. The Supreme Court clearly held that the Bill of Rights applied only to the federal government in an 1833 case. C. The Constitution was generally silent on what states could not do to their residents. D. The interpretation and application of the Bill of Rights began to change after the Civil War. E. None of the above

E. None of the above

The Supreme Court justice who compared unpopular political speech to falsely shouting "Fire!" in a theater was A. Louis Brandeis. B. Felix Frankfurter. C. William Rehnquist. D. Warren Burger. E. Oliver Wendell Holmes.

E. Oliver Wendell Holmes

The purpose of the exclusionary rule, according to the Supreme Court, is to A. limit illegal immigration. B. prevent crime by addressing its root causes. C. limit the power of courts. D. exclude religious activities by government employees. E. control the behavior of the police.

E. control the behavior of the police

Written defamation of character is known as A. slander. B. obscenity. C. incitement. D. political falsehood. E. libel.

E. libel

Exclusionary rule was not applied to state law enforcement officers until

1961

The Supreme Court delegated the power to oversee the implementation of its school integration decision to A. local federal district courts. B. the president. C. Congress. D. the Civil Rights Commission. E. the state legislatures.

A

The Bill of Rights has come to apply to states through the jnterpretation of: a) 14th amendment b) 10th amendment c) commerce clause d) article III e) necessary and proper clause

A) 14th amendment

In 1992, the Supreme Court overturned a Minnesota statute involving the display of odious symbols. The Court ruled that such displays are A. protected by the Constitution. B. protected by the Constitution but could be punished as a hate crime. C. not protected by the Constitution. D. not protected by the Constitution and could be punished as a hate crime. E. not protected by the Constitution and could be punished as incitement.

A. Protected by the constitution

The Supreme Court ruled in the Bakke case that A. explicit numerical quotas are illegal. B. busing is a legitimate tool to achieve racial balance. C. race should be taken into account when quotas are used. D. affirmative action programs are unlawful. E. affirmative action plans cannot include firings.

A. explicit numerical quota are illegal

The difference between de facto and de jure segregation is that A. the former results from private choices, the latter from public law. B. the former results from public law, the latter from private choices. C. the former existed in the past, the latter continues in the present. D. the former continues in the present, the latter existed in the past. E. the former deals with perceptions, the latter deals with verified facts.

A. former results from private choices, latter from public law

The two clauses of the First Amendment that deal with religion are concerned with A. free exercise and establishment. B. establishment and separation. C. separation and prohibition. D. prohibition and free exercise. E. separation and free exercise.

A. free exercise and establishment

The Court demanded that the evidence obtained in Mapp v. Ohio be excluded because the police A. had not obtained a search warrant. B. questioned Mapp in an impolite manner. C. used unnecessary force. D. refused to let Mapp contact her lawyer. E. spied on Mapp with binoculars.

A. had not obtained a search warrant

Slander differs from libel in that it refers to A. oral statements. B. written statements. C. public officials. D. private individuals. E. administrative hierarchies.

A. oral statements

A person being arrested must be informed of all the following rights except A. the right to sue for false arrest. B. the right to hire a lawyer. C. the availability of a free lawyer if the person is unable to pay. D. the right to remain silent. E. the right to stop talking, if the person begins to offer a voluntary statement.

A. the right to sue for false arrest

Usually, the Supreme Court has reacted to wartime curtailments of civil liberties by A. upholding them. B. rejecting them. C. upholding them at first, limiting them later. D. rejecting them at first, reinstating them later. E. avoiding rulings on constitutionality and consigning such issues to the lower federal courts.

A. upholding them

In a critical 1883 decision, the Supreme Court distinguished between ______________ racial discrimination. A. official and private B. individual and group C. corporate and community D. legal and institutional E. local and regional

A> offical and private

When U.S. Nazis sought to parade in Skokie, Illinois, where many Jews lived, the courts A. found them a clear and present danger B. upheld their right to parade peacefully. C. refused to rule one way or another. D. allowed the police full discretion. E. allowed their arrests and convictions.

B. upheld their right to parade peacefully

In the Adarand case, the Court struck down a government affirmative action program related to A. college admissions. B. construction contracts. C. ownership of businesses. D. congressional districts. E. none of the above.

B

The Court probably relied on social science studies in the Brown decision because the justices realized that A. the Fourteenth Amendment did not address segregation. B. the authors of the Fourteenth Amendment may not have intended to outlaw segregated schools. C. the Constitution did not address racial discrimination. D. the equal protection clause was not applicable to the states. E. most Americans accepted social science as a legitimate source of constitutional law.

B

The importance of the Heman Sweatt and George McLaurin civil rights cases was that the Supreme Court A. declared unconstitutional laws creating schools that were separate but obviously unequal. B. declared unconstitutional laws supporting schools that were separate but unequal in subtle ways. C. ruled that racially separate schools were inherently unequal and therefore unconstitutional. D. ruled that schools discriminating on the basis of race could be denied access to federal funds. E. ruled that segregation was lawful if mandated by a state constitution.

B

The most comprehensive civil rights legislation was enacted in A. 1968. B. 1964. C. 1960. D. 1957. E. 1996.

B

Each of the following groups has recently been regarded by the Supreme Court as a "person" enjoying rights of free expression except A. the First National Bank of Boston. B. the Hazelwood High School student newspaper. C. the Massachusetts Citizens for Life. D. the Pacific Gas and Electric Company. E. A and D

B. Hazelwood High School student newspaper

The text mentions presidents who declared their opposition to school busing for integration. They included all of the following except A. Ronald Reagan. B. Jimmy Carter. C. Gerald Ford. D. Richard Nixon. E. C and D

B. Jimmy Carter

A 2006 law created "neutral decision-makers" to try foreign fighters not in uniform. These decision-makers were A. military courts. B. military commissions. C. panels of federal judges. D. congressional committees. E. congressional subcommittees.

B. Military commissions

The landmark case on involuntary confession was that of A. Mapp. B. Miranda. C. Yates. D. Brown. E. Thornton.

B. Miranda

Suspected terrorists are to be tried by a military, rather than a civilian, court as a result of A. the USA Patriot Act. B. an executive order. C. a Supreme Court ruling. D. a treaty. E. a clemency warrant.

B. an executive warrant

Lloyd Gaines had a tremendous impact on the interpretation of the Constitution when he attempted to A. ride a bus. B. enter law school. C. run for political office. D. ride a train. E. vote.

B. enter law school

The Lawrence decision brought immediate focus to the topic of A. adoption by gay couples. B. gay marriage. C. gays in the military. D. gay rights in the area of employment. E. gay rights parades.

B. gay marriage

With regard to racial segregation, Supreme Court decisions on the newly passed Fourteenth Amendment made the amendment A. an extremely broad guarantee of equal rights. B. nearly meaningless. C. more significant regarding education than regarding employment. D. more significant regarding employment than regarding education. E. more significant regarding discrimination in private businesses.

B. nearly meaningless

In an important recent decision, the Court upheld a voucher program for students attending religious and other private schools in Cleveland, Ohio, because A. the schools promised to teach no course involving religion. B. the aid went, not to particular schools, but to the families who chose the schools. C. the schools removed all religious symbols and artifacts. D. the aid was given directly to the particular schools. E. the teachers were certified by the state.

B. the aid went, not to particular schools, but to the families who chose the school

One interesting fact about the problematic establishment clause of the First Amendment is that A. it was not included in initial drafts of the First Amendment. B. the language was more clear in initial drafts of the First Amendment C. no one actually agreed that it should be included in the First Amendment. D. it was originally in the Tenth Amendment. E. it was originally written by Thomas Jefferson.

B. the language was more clear in initial drafts of the First Amendment

Blacks were finally able to advance their interests during the 1950s and 1960s in part by A. relying less on white allies, especially northern liberals. B. downplaying their grievances. C. shifting their struggle from Congress to the courts. D. setting their sights lower. E. refocusing their efforts in individual states.

C

In 1964 and 1968 a majority of whites believed that the pace of change on racial matters A. was too slow. B. was about right. C. was too fast. D. was slowing down. E. had come to a grinding halt.

C

When we caught nazi spies who were sent to america, we classified them as ____ and tried them accordingly A) citizens B) soldiers C) unlawful combatants D) diplomats E) spokesmen

C) unlawful combatants

The earliest immigrant group to arrive in large numbers and thus alter the scope of civil rights issues consisted of A. Mexican Hispanics. B. Hispanics from other Latin American countries. C. Irish Catholics. D. Southeast Asians. E. German Protestants.

C. Irish Catholics

Under the reasonableness standard, an example of a decision that barred gender-based differences is that A. all women are eligible for the draft. B. the navy may not allow women to remain officers longer than men without being promoted. C. states cannot give widows a property-tax exemption not given to widowers. D. girls cannot be barred from Little League baseball teams. E. California cannot define rape in such a way that only males can commit the offense.

C. girls cannot be barred from Little League baseball teams

The 1973 Supreme Court definition of obscenity denies free-speech protection to materials or activities that A. depict sexuality in a way that is degrading to its subjects. B. promote violence against women or children. C. lack serious literary, artistic, political, or scientific value. D. present a clear and present danger to community standards of decency. E. do not appeal to the prurient interest.

C. lack serious literacy, artistic, political, or scientific value

As its rationale for the decision in Brown, the Supreme Court relied primarily on A. the intent of the framers of the Fourteenth Amendment. B. the intent of Congress in the Fourteenth Amendment. C. social science evidence. D. a narrow interpretation of the U.S. Constitution. E. the redress of grievances clause in the First Amendment.

C. social science evidence`

Conflicts in civil liberties often arise because A. majoritarian politics is ineffective in resolving crises. B. the U.S. Constitution is vague on issues of individual rights. C. the Bill of Rights lists several competing rights. D. policy entrepreneurs rarely operate in the civil rights area. E. the Supreme Court has refused to play a leading role in the interpretation of the First Amendment.

C. the Bill of Rights lists several competing rights

The historical source for the "wall of separation" between religion and the state is A. the Bill of Rights. B. a series of debates in the First Congress. C. the writings of Thomas Jefferson. D. twentieth-century Supreme Court decisions. E. the Federalist papers.

C. the writings of Thomas Jeferson

Incident to the valid arrest of a person inside a building, police may legitimately search all of the following except A. beneath the clothing of the person arrested. B. things in plain view. C. things in other rooms of the building. D. things under the control of the person arrested. E. the area immediately surrounding the arrested individual.

C. things in other rooms of the building

An example of a good-faith exception to the exclusionary rule would be if police A. conduct a search incidental to an arrest. B. conduct a search with a properly obtained search warrant. C. use a defective search warrant they believe to be valid. D. search an automobile they believe to be carrying drugs. E. search the desk at which an arrested suspect is sitting.

C. use a defective search warrant they believe to be valid

In palko v connecticut (1937) the court began tk apply rights to states via A) notion of a reasonable person B) shock-the-conscience test C) rational basis standard D) due-process and equal protection clauses E) notions of ordered liberty and fundamental rights

E) notion of ordered liberty and fundamental rights

Among the general standards for quota and preference systems that seem to be emerging from recent Supreme Court rulings is that A. explicit numerical quotas are permissible in most cases. B. preferential treatment is more likely to be looked on favorably than compensatory action. C. involuntary preference systems will be easier to justify. D. such systems must correct an actual pattern of discrimination. E. flexible systems are looked on with suspicion.

D

The text suggests that the Court began to uphold state restrictions on abortion in the late 1980s under the influence of justices appointed by A. Nixon. B. Ford. C. Carter. D. Reagan. E. Bush.

D

Under the Defense of Marriage Act, signed by President Clinton, A. no state could legalize gay marriage. B. no state could modify the definition of marriage in any significant way. C. states that allowed gay marriages would lose federal funds. D. no state would be forced to recognize a same-sex marriage performed in another state. E. gays and lesbians could marry in federal courts.

D

Supreme court ruled that certain kinds of government involvement in religious activities are acceptable. One conditional of such involvement is that it A) apply equally to all groups, including congress B) avoid giving preference to judeo-christian god C) not be applied to aid parochial schools D) have a secular (nonreligious) purpose E) include opportunities for dissenters

D) have a secular (nonreligious purpose)

Which of the following laws has the supreme court upheld as constitutional? A) laws calling for the teaching of creationism B) laws calling cor in-school release-time for religious instruction C) laws calling for school prayer D) laws calling for aid to parochial schools for secular purposes E) laws calling for bible reading in school

D) laws calling for aid to parochial schools for secular purposes

Charles t schneck was convicted in 1919 for A) speaking for isolationism B) advocating overthrow of government C) planning violent insurrectiin D) mailing draft-resistance to young men E) planting bomb in capitol

D) mailing draft resistance to young men

The Court's ruling in Bowers v. Hardwick suggested that the right to privacy protected A. the family. B. marriage. C. procreation. D. homosexual relations. E. A, B, and C

E. A B and C

When the Supreme Court was asked to consider constitutional challenges to restrictions on speech in the McCain-Feingold campaign finance reform law of 2002, it A. refused to hear the case. B. accepted the case but refused to issue a ruling. C. accepted the case and struck down provisions in the law. D. accepted the case and upheld the restrictions in question. E. accepted the case and ruled in favor of the complaining organizations.

D. accepted the case and upheld the restrictions in question

When the House and the Senate recently considered a law making it a federal crime to burn the American flag, A. it failed in both houses by large majorities. B. it failed in both houses by a narrow margin. C. it passed in both houses by a narrow margin. D. it passed in both houses by large majorities. E. it failed to make it out of committee.

D. it passed both houses by large majorites

great change in the status of women took place when A. many of them were successful on Wall Street in the 1930s. B. they began to serve as presidents of several prestigious law schools. C. they began to outperform men in civil service tests. D. millions were hired in defense plants during World War II. E. they formed a congressional caucus in the 1920s

D. millions were hired in defense plants during WWII

The earliest incorporations of portions of the Bill of Rights relied on A. the notion of a reasonable person. B. the shock-the-conscience test. C. a rational basis standard. D. the due-process and equal protection clauses. E. the notions of ordered liberty and fundamental rights.

D. the due-process clause and equal protection clauses

To the federal courts, the presumption of the intent to discriminate is created by A. the minutes of school board meetings. B. differences in black and white achievement scores. C. residence south of the Mason-Dixon line. D. the existence of all-white or all-black schools. E. the statements of school officials.

D. the existence of all-white or all-black schools

Police may legally search persons for evidence either when they have a search warrant or when A. they are dressed suspiciously. B. they are speaking in a suspicious manner. C. someone has complained. D. they legally arrest those persons. E. a person is angry.

D. they legally arrest those persons

In 1965, the Supreme Court found an invasion of a "zone of privacy" when a state attempted to prevent the sale of A. personal diaries. B. films on marriage. C. wedding guides. D. sexually explicit magazines and novels. E. contraceptives.

E

The Supreme Court's position on quotas for minorities can best be described as A. strongly supportive. B. strongly opposed. C. extreme. D. largely unconcerned. E. deeply divided.

E

Which of the following statements regarding aliens is incorrect? A. They cannot vote or run for office. B. They must pay taxes and, if legally admitted, are entitled to welfare benefits. C. They can be barred by states from serving on juries. D. If illegally admitted, they cannot obtain a Social Security card. E. Their children can be excluded from the public school system.

E

Which of the following was made clear by the Fourteenth Amendment? A. That segregated schools outside the District of Columbia were illegal B. That segregated schools were illegal C. That desegregation was to be applied to schools D. That race could not be a factor in any decision that excluded a person from entry into a public school E. That states could not deny any of its citizens equal protection of the laws

E

Which of the following statements is incorrect? A) congress opens each session with a prayer B) public school cannot have a chaplain C) armed services can have chaplains D) all of the above E) none of the above

E) none of the above

When the Court rules that Amish people cannot be forced to send their children to school beyond the eighth grade, it A. neither establishes religion nor protects its free exercise. B. establishes religion without violating the First Amendment. C. avoids establishing religion at the risk of impeding its free exercise. D. both establishes religion and impedes its free exercise. E. protects the free exercise of religion but opens itself to criticisms regarding establishment.

E. protects the free exercise of religion but opens itself to criticisms regarding establishment

As a result of a law passed in 2006, foreign fighters not in uniform will be tried by individuals selected by A. the president. B. the vice president. C. the secretary of state. D. the chief justice of the U.S. Supreme Court.. E. the secretary of defense.

E. the secretary of defense

The Supreme Court has decided that any law classifying people on the basis of their race or ethnicity is A. illegal. B. to be referred to the courts of individual states. C. constitutional. D. unconstitutional. E. to be subjected to especially close scrutiny.

E. to be subjected to especially close scrutiny

A state cannot apply a license fee on jehovah's witnesses who solicit door to door. This is keeping with the

Free-exercise clause of the first amendment

Which of the following statementa concerning the bill of rights and state power is correct

None of the above

Which of the following statements concerning the case of Ernesto Miranda is correct

None of the above

Good example of how community sensitivities and personal self-expression can sometimes conflict is that of

Nude dancing

Right of free expression, though not absolute, enjoys a hjgher status than other rights granted by the constitution. This is known as the doctrine of

Preferred position

Since 1992, a member of clergy offering a prayer lr invocation at a public school graduafion ceremony is

Unconstitutional

Current supreme court rulings would permit all pf the following forma of state aid to church-related schools except

Salary supplements to teachers of nonreligious subjects

Desk and files of a government employee may legitimately be searched by a supervisor without warrant, provided that

The object of the search js related to the employee's work