unit 4 ap gov - comp checks + supreme court cases

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating

"judicial restraint"

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government in the states (6th amendment).

Based on previous court rulings, which of the following scenarios would most likely violate the exclusionary rule upheld by the Fourth Amendment?

A police officer confiscates cocaine from a minor's bedroom without a warrant for the drugs.

Which of the following rulings is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision?

A ruling in favor of students to print their opinions in a school newspaper

Roe v. Wade

A woman in Texas sought an abortion, but it was illegal to have one in her state. They took it to the District Attorney, and then later sued him in SCOTUS. They said it violated the 1st, 4th, 9th, and 14th amendments, especially having to do with privacy.

Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions?

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

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

Article III

A school district in Seattle used the race of students as a tie-breaking factor to determine which students would be admitted to the more popular schools in an attempt to maintain racial diversity. In the case Parents Involved in Community Schools v. Seattle School District No. 1 (2007), the Supreme Court ruled this plan unconstitutional under the Fourteenth Amendment. Which of the following statements offers the most accurate comparison between this case and the decision in Brown v. Board of Education of Topeka (1954) ?

Both cases ruled against the school district based on the equal protection clause.

In the case Boynton v. Virginia (1960), the Supreme Court ruled that segregation at a bus stop restaurant was illegal based on the Interstate Commerce Act. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ?

Both cases struck down local ordinances that prescribed segregation.

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can be considered in college admissions, Justice Lewis Powell wrote: "Preferring members of any one group for no reason other than race or ethnic origin is discrimination for its own sake. This the Constitution forbids. . . . The . . . goal asserted by petitioner is the attainment of a diverse student body. This clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a university to make its own judgments as to education includes the selection of its student body." According to the quote, what is the likely effect of the Court's ruling in the Bakke case?

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

In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision?

Congress could enact legislation to amend Title VII of the Civil Rights Act.

Which of the following principles protects a citizen from imprisonment without trial?

Due process

Which of the following constitutional amendments is most related to the issue shown on the map? (Capital Punishment)

Eighth Amendment

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. The Negro baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy which is 7 years shorter, and the prospects of earning only half as much. This is not a sectional issue. Difficulties over segregation and discrimination exist in every city, in every State of the Union, producing in many cities a rising tide of discontent that threatens the public safety. Nor is this a partisan issue. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics. President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 The issues identified in the passage reflect a failure to uphold which of the following constitutional principles?

Equal protection

Which of the following is an accurate comparison of the establishment clause and the free exercise clause?

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

Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ?

It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states.

In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling?

It ruled that the state had no justifiable interest to compel students to listen to a nondenominational prayer led by public school teachers, finding a clear establishment clause violation.

US v. Lopez

Lopez, a 12th grader, knowingly brought a gun into school and was arrested for violating the gun-free school zone act, which was a federal law. It was then drawn to question to ask if the act was unconstitutional since it goes beyond the power congress has to regulate under the commerce clause. 5-4 decision in favor of Lopez, as it was deemed the act did not violate interstate congress enough and was therefore unconstitutional.

Wisconsin v. Yoder

Members of the Amish community refused to send their kids to school after the 8th grade, arguing that high school attendance was contrary to their religious beliefs. Compelling Amish students to attend school past the eighth grade violates the free exercise clause. Could not make them go to school. Individual's interests in the free exercise of religion under the 1st amendment outweighed the states interests in compelling school attendance beyond the 8th grade. The benefit of 2 more years of school didn't outweigh the groups religious convictions of ending school at high school in an effort to maintain the fundamental mode of life mandated by the Amish.

The card shown above was issued as a consequence of which of the following Supreme Court decisions?

Miranda v. Arizona

The facts of which of the following cases are most related to the political cartoon?

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

The following questions are based on the following excerpt from a major Supreme Court decision. "Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone..." ...We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently inequal. Therefore, we hold that the plaintiffs...are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment." The doctrine of "separate by equal" referred to above had previously been upheld by which of the following Supreme Court decisions?

Plessy v Ferguson, 1896

The establishment clause in the First Amendment does which of the following?

Prohibits the setting up of a state church.

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?

Protected by the First Amendment -The right to burn a flag Not Protected by the First Amendment - Obscenity

A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario?

Schenck v. United States (1919)

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit?

Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions.

In Gideon v. Wainwright, the United States Supreme Court ruled that the

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

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion?

Stare decisis

McDonald v. Chicago

Suits were filed against Chicago challenging the gun bans after the decision of District of Columbia v. Heller. In this case, they argued that the second amendment should also apply to the states and not just at the federal level. 2nd amendment is a state right.

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?

The Fifth and Sixth Amendments

The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law?

The Fourteenth Amendment

Engel v. Vitale

The NY state board authorized a short, voluntary prayer for recitation at the start of each school day in all public schools. Prayer in school DOES violate the establishment clause of the 1st amendment. No official religion can be derived from voluntary prayer. (First Amendment, Establishment Clause)

Which of the following scenarios best illustrates the concept of a case being decided based on precedent?

The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.

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?

The exclusionary rule

The Washington Post receives a top secret report that details how the executive branch mishandled a deal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop the publishing of the report, but the publishers cite the precedent in New York Times Company v. United States (1971) establishing which of the following legal rules?

The heavy presumption against prior restraint

Which of the following factors most likely led to shifts in Supreme Court decision making over time?

The ideological composition of the justices on the Supreme Court shifted to become less liberal over time.

Which of the following statements is correct based on the bar chart?

The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times.

All of the following serve as checks on the power of the federal courts EXCEPT:

The voters can oust federal judges in national elections.

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation?

When an individual claims that a right protected by the Bill of Rights is infringed upon by a state

In fact, Miranda has not prevented people from making incriminating station-house statements, as initially some of its detractors had feared and some of its supporters had anticipated. It appears to be an aspect of human nature that many recently accused persons are eager to talk their way out of trouble. Miranda's critics, however, believe that Miranda has noticeably reduced the number of confessions by allowing suspects to "lawyer up" rather than face questioning; while Miranda's supporters contend that any reduction in confessions is quite modest, and note that police officers have learned to live with the decision. - Paul Cassell & Katie Stith, "Criminal Procedures Clauses" from National Constitution Center Which of the following statements is most consistent with the author's argument in the passage?

While the Miranda rule is designed protect the accused from unwanted interrogation, many people forego this right.

Which of the following cases decided whether a state could compel children to attend school beyond eighth grade even if it violated the students' sincerely held religious beliefs?

Wisconsin v. Yoder (1972)

Brown v. Board of Education of Topeka (1954) was a significant Supreme Court ruling because it

held the "separate but equal" concept to be a violation of the equal protection clause of the Fourteenth Amendment

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that

justices are free from direct political pressures

The clear-and-present danger test devised by the Supreme Court was designed to define the conditions under which public authorities could

limit free speech

The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to

negotiate a plea bargain

Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the

right of privacy

The Supreme Court's decision about abortion in Roe v. Wade was based on

the right to privacy implied in the Bill of Rights

The free-exercise clause protects

voluntary prayer by student groups before school