Unit 3 quizzes
According to McDonald v Chicago
An individual right to gun ownership whose limits have not yet been defined by courts
The Civil Rights Act of 1964 was passed to reinforce the- HINT: The passing of this law allowed the federal government to restrict a state's power, whether that was by cutting off federal funding to discriminatory programs or allowing the Justice Department to file desegregation suits. The "privileges or immunities of citizens of the United States" were being restricted, and racial discrimination and segregation still existed despite the guaranteed constitutional rights all citizens were supposed to have.
Fourteenth Amendment
The Miranda rule stems from rights protected by which of the following amendments? HINT: http://www.tdcorg.com/article/?a=50
Fifth and Sixth amendments
Which of the constitutional provisions is at issue in Schenck v. United States?
First Amendment free speech and free press rights
The Fourth Amendment protects people against:
Unreasonable searches and seizures
With which of the following statements would the cartoonist most likely agree?
There is a constant struggle to define the separation of church and state.
The First Amendment states that Congress may not make any law prohibiting the free exercise of religion. It also specifically states that
Congress may not make any law respecting an establishment of religion.
Which of the following constitutional principles or policies best explains the information in the map?
Federalism
The issue the Court considered in Miranda v. Arizona;
protection against self-incrimination.
The Supreme Court's decision in Plessy v. Ferguson directly concerned
segregation on railroad cars.
De jure discrimination and de facto discrimination are two ways in which some Americans are less equal than others. Examples of public policies designed to address each of these forms of discrimination are
the Brown decision (de jure), and affirmative action (de facto).
In Roe v. Wade, the majority of Supreme Court justices determined that
the Constitution implies a right to privacy and thus made abortions legal
The Bill of Rights as originally approved and interpreted protected individual liberties from violation by:
the national government only.
The phrase "wall of separation" between church and state comes from
the pen of Thomas Jefferson.
In general, high school students have the same rights as adults. An exception is when
their exercise of these rights impedes the educational process.
Under what circumstance can police conduct searches?
As long as they have probable cause of criminal activity
Brown v. Board called for the desegregation of public schools
"with all deliberate speed."
Which of the following is an accurate comparison of the two court cases? United States v Lopez (1995) McDonald v Chicago (2010)
A. Declared an act of Congress unconstitutional. Found the personal right to own firearms is protected by the due process clause of the 14th Amendment
Which of the following is an accurate comparison between civil liberties and civil rights?
A. Enshrined in the Bill of Rights Equal application of law to all Americans
Which of the following consequences may occur based on the data in the graph? HINT: Think about the demographic future of the groups that show less support for speech that is offensive.
Americans are likely open to limits on speech in the future.
The Second Amendment protects: HINT: In District of Columbia v. Heller, the Supreme Court decided the Second Amendment is an individual right related to self-defense subject to some regulation but did not define the permissible scope of the right. The framers may have intended for the Second Amendment to protect the collective right of states to form militias, but it did so by crafting an individual right. The reconstructionist Congress was not worried about state militias; rather, they were worried about protecting an individual right to self-defense, divorced from service in a militia.
An individual right to gun ownership whose limits have not yet been defined by courts
What was the effect of the opinion in Schenck v. United States?
As long as speech does not present a clear and present danger, it is allowed.
Which of the following is an accurate comparison of substantive and procedural due process?
B. Followed when the ideas or points of the law are fundamentally fair and just Focuses on the manner in which government acts towards its citizens
Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963) Miranda P. Arizona (1965)
B. Guaranteed right to an attorney for all criminal cases Police officers have to inform people under arrest of their constitutional rights
McGranerys statements were most likely made during the Supreme Court ruling on which of the following cases? HINT: Brown effectively reversed the "separate but equal" doctrine that had stood under Plessy v. Ferguson.
Brown v. Board of Education
Which of the following statements best describes how the balance of liberties and safety has been interpreted over time?
Different courts in different times have found different balances.
Based on the text, with which of the following statements would McGranery most likely agree? HINT: This question is asking you to summarize McGranery's argument. The Civil Rights Act of 1964 was necessary to bring an end to discrimination laws in the South. There is no mention of "confusion" in McGranerys quote, nor would foreign nations necessarily concern themselves with our Constitution. McGranery believes domestic policy regarding civil rights can affect our relationships with other countries around the world (foreign policy).
Domestic policy can impact foreign policy.
Which of the following constitutional provisions enables the power of the federal government in enacting legislation regarding the issues raised in McGranerys argument? HINT: McGranery dealt with the legal issues of providing African Americans around the country with "equal protection" from undue discrimination and with the unlawfulness of school segregation. The establishment clause pertains to religious freedom cases. The Court has used the equal protection clause to provide justification for federal laws over state laws.
Equal protection clause of the Fourteenth Amendment
In Brown v. Board of Education (1954), the Supreme Court based its decision on which provision of the Fourteenth Amendment? HINT: The Fourteenth Amendment played a crucial role when the Supreme Court decided Brown v. Board of Education in 1954. The case did not hinge on the issue of African American citizenship. The case did not deal with state representation in Congress. The case was about school access, not compensation for slavery.
Equal protection under the law
Which of the following principles is meant to discourage government from conducting unlawful searches and to protect citizens when unlawful searches occur?
Exclusionary rule
A lawyer arguing against the government actions as depicted by the political cartoon would invoke which constitutional amendment? HINT: The cartoon does not depict American soldiers. Neither of the citizens depicted in the cartoon are on trial. The citizens depicted in the cartoon are not being punished for a crime. The government's actions, recording Americans' conversations without a warrant, violates the Fourth Amendment's protections against unreasonable search and seizure.
Fourth Amendment
Wisconsin v. Yoder addressed which of the following provisions of the First Amendment? HINT: Wisconsin u. Yoder pitted the state's Amish community against Wisconsin's compulsory education laws. Although the First Amendment was central to the case, the Amish community successfully argued that their religious beliefs prompted them to remove their children from school after the 8th grade.
Freedom of Religion
It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. --Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) With which of the following statements would supporters of Kennedy's position above be most likely to agree?
Gays and lesbians are equal to other people under the law.
Which Supreme Court case established the right to always have counsel present in court eases? HINT: Powell expanded defendants' right to legal representation. Betts denied the right to counsel in certain circumstances. Miranda concerned informing defendants of their rights at the time of arrest. After Gideon, all defendants were allowed an attorney no matter the crime, state or federal. Although the truth is most cases are plea bargained anyway.
Gideon v. Wainwright
How does the cartoon relate to the principle of limited government?
Government should rely on free-market solutions to economic problems instead of expanding government programs to solve them.
Which of the following clauses justifies the "implied powers doctrine"?
The Necessary and Proper Clause
The legal concept under which the Supreme Court has nationalized the Bill of Rights is the:
Incorporation Doctrine
The Grandfather Clause is significant in United States political history for which of the following reasons?
It was a means whereby Black citizens in southern states were disenfranchised.
If a newspaper prints an article in which the author is knowingly spreading false information about a private person, this is considered an example of:
Libel
The Exclusionary Rule:
Means that the government cannot convict people based on illegally obtained evidence
Those who disagree with the views in the majority opinion in Schenck would likely celebrate the shaping of the Constitution in which free- speech ruling?
New York Times Co. v. United States
Which of the following statements is an accurate interpretation of the law on obscene speech in America?
Obscene speech is not protected unless it can meet established standards of value.
Which of the following comparisons of the 1964 Civil Rights Act and the 1965 Voting Rights Act are accurate?
One outlawed discrimination in hiring and the other increased African American voter registration and participation.
In what way do the decisions in Engel v. Vitale and Wisconsin v. Yoder differ?
One suggests a public policy creates an establishment of religion, while the other suggests a public policy denies a free exercise of religion.
Which of the following rights does the First Amendment protect? HINT: This question is testing one of the less-discussed facets of the First Amendment. Be careful on questions like these, as the wrong answers-which appear in other amendments-will sound familiar. The First Amendment, which deals with different types of freedom of speech, states that "Congress shall make no law...abridging...the right of the people...to petition the Government for a redress of grievances."
Petitioning the government for a redress of grievances
Which statement is accurate regarding the law and government surveillance of persons in the United States?
Policies have changed over time as people debate the balance between security needs and individual liberties.
Which of the following is NOT specifically addressed in the Bill of Rights?
Right to an education
The "right to privacy" established by Griswold v Connecticut was further enhanced by which Supreme Court case? HINT: In Griswold, the Court ruled women have a 14th Amendment "right to privacy" with their physicians. This which legalized birth control. Roe v. Wade used Griswold as a precedent to legalize abortion nationwide. Citizens United dealt with federal election law. McDonald expanded Americans' right to bear arms. New York Times v U.S. expanded newspapers' First Amendment rights.
Roe v. Wade
Due to Supreme Court rulings, state schools can no longer conduct morning prayer, local police must warn suspects of their right to remain silent, and public schools must respect students' right to non- disruptive symbolic speech. The Court has established these policies through which process?
Selective incorporation
Which of the following issues did the Supreme Court consider when deciding Engel v. Vitale? HINT: During the 20th century, the Court took on many cases that affected students attending public schools. Tinker centered on the issue of student protest. Hazelwood decided that schools can regulate students' speech in school. Engel barred the practice of state-sponsored prayer in school. Lemon decided states cannot directly fund religious schools.
State-sponsored prayer in school
Tenth Amendment:
States retain powers not given away to the federal government or prohibited by the Constitution
The Tenth Amendment says that:
States retain those powers not given away to the federal government or prohibited by the Constitution
Which statement accurately describes the Supreme Court's contemporary interpretation of the death penalty?
The Court has interpreted the execution of minors and the mentally handicapped as unconstitutional.
The Framers of the Constitution designed which of the following to be LEAST responsive to public opinion?
The Federal Courts
What is the key difference between the due process clause in the Fifth Amendment and the due process clause in the Fourteenth Amendment?
The Fifth Amendment protects citizens against the federal government, while the Fourteenth protects citizens against the states.
Equality is an American constitutional value because of:
The Fourteenth Amendment
Which statement best describes the Supreme Court's interpretation of the Fourteenth Amendment?
The Fourteenth Amendment's due process clause makes most rights contained in the Bill of Rights applicable to the states.
Which of the following is the most complete summary of the selective incorporation doctrine?
The Supreme Court has required states to apply certain rights in the Bill of Rights through the Fourteenth Amendment's due process clause.
It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right. Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. --Justice Anthony Kennedy, Majority Opinion in Obergefell v. Hodges (2015) Which of the following constitutional provisions would the author cite to support the opinion?
The equal protection clause of the Fourteenth Amendment
Ninth Amendment:
The fact that a right is not enumerated in the Constitution does not mean it doesn't exist
The Ninth Amendment says:
The fact that a right is not enumerated in the Constitution does not mean it doesn't exist
What must a suing party prove to win a libel lawsuit?
The offending party acted maliciously.
The Bill of Rights guarantees which of the following rights to a person arrested and charged with a crime?
The right to legal representation
With the variety of religious denominations and religions represented at Chester A. Arthur High School, the administration has decided to bar students from wearing any religious symbols or garb that reflects a particular religious faith. Which of the following would be the best legal advice for school administrators?
This is an unsound policy because of the decision in Wisconsin v. Yoder.
Which of the following best describes the message in the political cartoon?
Threats to national security issues are leading to more severe restrictions on civil liberties.
We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws. Martin Luther King, Jr., "Letter from a Birmingham Jail" Which of the following statements best explains why King included this passage in "Letter from a Birmingham Jail"? HINT: There's nothing to say that America was as bad as the other two nations mentioned. The focus of the passage is on the righteousness of certain laws. MLK, isn't promoting himself, but is instead talking about the importance of nonviolent protest. King isn't trying to educate readers about Germany or Hungary; he's using them to make a point about his actions in America.
To show how segregationist laws were no different than unjust laws in oppressive states
Which of the following is an accurate comparison of the two court cases? Brown v. Board Roe v. Wade
c. Concluded that "separate but equal" schools are impossible Assured a pregnant woman's right to have an abortion' In the first trimester
Segregation maintained by law is labeled
de jure
The exclusionary rule holds:
evidence obtained from an illegal search and seizure cannot be used in a trial.
The establishment clause prohibits government from:
favoring one religion over another or supporting religion over no religion.
The passing of the Voting Rights Act of 1965 is a significant political event because it
was instrumental in increasing the number of African American and other minority voters
