US Gov Final

Based on your knowledge of the federal bureaucracy and the diagram, which of the following is true regarding the federal bureaucracy? A. Most federal bureaucrats are appointed by the President and confirmed by the Senate. B. Most federal bureaucrats are selected through merit. C. Most federal bureaucrats gain their position through patronage. D. Most federal bureaucrats are able to take an active role in political campaigns.

B. Most federal bureaucrats are selected through merit.

2. Which of the following best insulates federal judges from political pressures and helps to maintain judicial independence? A. The process of formally amending the Constitution. B. The term lengths and tenure of federal judges C. The ability of Congress to impeach federal judges D. The need for bureaucratic implementation and enforcement of court rulings

B. The term lengths and tenure of federal judges

38. The powers used by Congress to hold the federal bureaucracy accountable, such as standing committee hearings and the power of the purse, are collectively referred to as - A. advice and consent. B. oversight. C. impeachment. D. bureaucratic discretion.

B. oversight.

Which of the following best represents an effect of the trend in the data source with respect to the party affiliation of federal district court appointees? A. Federal District Courts are generally more moderate ideologically than the rest of the federal government. B. District Court judges frequently practice judicial activism when issuing rulings. C. District Court judges are likely to use judicial review frequently. D. Presidents are able to influence policy through the federal courts long after the president leaves office.

D. Presidents are able to influence policy through the federal courts long after the president leaves office.

Supreme Court justices have judicial philosophies that explain how they view the role of our nation's highest Court...[These] philosophies represent competing answers to a very important question: What exactly is the role of the Court?... Should a group of officials not elected by the people have the power to interpret law in a way that makes new law? This is one of the main principles behind ___(X)___. Justices who exercise ___(X)___ believe court rulings should try not to infringe on Congress' or states' roles in making and passing law. In other words, they shouldn't aim to change the law or its meaning. Instead they should determine how law applies. For this reason, justices who practice ___(X)___ usually vote to uphold laws. And they closely consider rules and practices established in prior Court decisions when deciding how laws apply. ___(Y)___ sees things differently...When necessary, ___(Y)___ holds that the Court should use its power to broaden the law, especially as a means of furthering constitutional principles like equal protection of the law. That might mean striking down federal and state laws, and it might also mean shaping law. Some people see ___(Y)___ as "legislating from the bench" since the job of lawmaking belongs to Congress and not the judicial branch. Source: iCivics Overview of the Judicial Branch Which of the following concepts could be most inserted in the place of (X) and (Y) in the passage? A. (X) = Judicial Restraint (Y) = Judicial Activism B. (X) = Judicial Activism (Y) = Judicial Restraint C. (X) = Judicial Restraint (Y) = Judicial Review D. (X) = Judicial Activism (Y) = Judicial Review

A. (X) = Judicial Restraint (Y) = Judicial Activism

(1) You may well ask, "Why direct action, why sit-ins, marches, and so forth? Isn't negotiation a better path?" You are exactly right in your call for negotiation. Indeed, this is the purpose of direct action. Nonviolent direct action seeks to create such a crisis and establish such creative tension that a community that has consistently refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. I just referred to the creation of tension as a part of the work of the nonviolent resister. This may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly worked and preached against violent tension, but there is a type of constructive nonviolent tension that is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, we must see the need of having nonviolent gadflies to create the kind of tension in society that will help men to rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. So, the purpose of direct action is to create a situation so crisis-packed that it will inevitably open the door to negotiation. We therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in the tragic attempt to live in monologue rather than dialogue... (2) My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. History is the long and tragic story of the fact that privileged groups seldom give up their privileges voluntarily. Source:Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., 1963 Based on the argument in the source, which of the following social movement strategies would Dr. King most likely not support? A. An environmental interest group burns down a factory known for emitting significant amounts of pollution B. An interest group advocating for affordable access to healthcare lobbies members of Congress to pass new healthcare legislation C. A group of educators engage in a strike to advocate for higher wages D. A civil rights group files a test case in order to challenge the constitutionality of a government policy

A. An environmental interest group burns down a factory known for emitting significant amounts of pollution

Which of the following institutions would need to be inserted in the place of "X" in the infographic in order to complete the iron triangle? A. Interest Groups and Political Action Committees B. The President C. The Federal Judiciary D. State Governments

A. Interest Groups and Political Action Committees

19. Which of the following best describes the relationship between the U.S. Supreme Court and the cases it hears? A. The Supreme Court is free to choose the cases it hears through its appellate jurisdiction. B. Generally, the Supreme Court will only decide to hear a case if Congress or the president request that the Court hear the case. C. Most cases heard by the Supreme Court are through the Court's original jurisdiction. D. The Supreme Court hears and rules on most of the cases appealed to the Court.

A. The Supreme Court is free to choose the cases it hears through its appellate jurisdiction.

Source: 2016 Presidential Election Results and Campaign Event Data for Select States Based on the information in the table and the structure of the Electoral College system, which of the following statements is true? A. Trump won 29 electoral votes from Florida in 2016. B. Trump won 50% of North Carolina's electoral votes in 2016. C. Trump won electoral votes in all seven states listed in the table. D. Neither Trump nor Clinton won electoral votes in Pennsylvania in 2016.

A. Trump won 29 electoral votes from Florida in 2016.

6. Constitutionally, the president is charged with, "[Taking] Care that the Laws [passed by Congress] be faithfully executed." The president shares this power most directly with - A. cabinet leaders. B. interest groups. C. federal judges. D. state legislatures.

A. cabinet leaders.

In 2013, groups of same-sex couples sued their state governments in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage. The couples in each case argued that the states' statutes violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. By the time these cases reached the Supreme Court in 2015, the issue of same-sex marriage was a prominent issue. In 2015, according to polling by the Pew Research Center, 55% of the American public reported that they favored the legality of same-sex marriage. Also, in 2015, Republicans held majorities in the U.S. House of Representatives and the U.S. Senate and Barack Obama, a Democrat, was President, causing a divide between how Congress and the President viewed the legality of same-sex marriage. In 2015, the Supreme Court ruled in favor of the same-sex couples. The Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects. The Court also held that the Equal Protection Clause of the Fourteenth Amendment guarantees the right of same-sex couples to marry as the denial of that right would deny same-sex couples equal protection under the law. The ruling invalidated same-sex marriage bans in 15 states. Source: Adapted from the overview of Obergefell v. Hodges from Oyez.org Based on the passage, Obergefell v. Hodges represents an example of the Supreme Court ruling based on - A. judicial activism. B. judicial restraint. C. original intent. D. stare decisis and precedent

A. judicial activism.

The purpose of the infographic is to depict how - A. linkage institutions and the institutions of the federal government forge relationships to facilitate the creation and implementation of policy. B. gridlock can dominate the policy-making process because of the overlapping powers and incentives of the different institutions of the federal government. C. Congress can limit and undermine the federal bureaucracy during the policy-making process through oversight. D. the Constitution limits the influence of the federal judiciary and the President in the context of the policy-making process.

A. linkage institutions and the institutions of the federal government forge relationships to facilitate the creation and implementation of policy.

Just as the Fourth Amendment's right to privacy has been declared enforceable against the states through the Due Process Clause of the Fourteenth, it is enforceable by the same sanction...as is used against the federal government. Were it otherwise...the assurance against unreasonable searches and seizures would be 'a form of words,' valueless...'in the concept or ordered liberty... There are those who say...that under [this] constitutional...doctrine, "the criminal is to go free because the constable has blundered."...In some cases this will undoubtedly be the result. But,... "there is another consideration - the imperative of judicial integrity."...The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. Source: Justice Tom Clarke, Majority Opinion from the Supreme Court decision in Mapp v. Ohio (1961) Based on the author's argument in the passage, the Supreme Court's decision in Mapp v. Ohio (1961) most directly contributed to - A. the expansion of civil liberties. B. the expansion of bureaucratic authority. C. limits on civil rights. D. limits on federal government power.

A. the expansion of civil liberties.

Which of the following is an accurate comparison of civil liberties and civil rights? A. Civil Liberties: Protects individuals from discrimination based on characteristics such as national origin, religion, and sex Civil Rights: Constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference. B. Civil Liberties: Expanded through the Due Process Clause of the Fourteenth Amendment Civil Rights: Expanded through the Equal Protection Clause of the Fourteenth Amendment C. Civil Liberties: Expanded through affirmative action policies. Civil Rights: Expanded through the doctrine of selective incorporation. D. Civil Liberties: Expanded through the Supreme Court's ruling in Brown v. Board of Education (1954) Civil Rights: Expanded through a loose interpretation of the Bill of Rights

B. Civil Liberties: Expanded through the Due Process Clause of the Fourteenth Amendment Civil Rights: Expanded through the Equal Protection Clause of the Fourteenth Amendment

Over the past 100 years, our government has been transformed from a limited, constitutional, federal republic to a centralized administrative state that for the most part exists outside the structure of the Constitution and wields nearly unlimited power. This administrative state has been constructed as a result of a massive expansion of the national government's power. When the Founders created our Constitution, they entrusted only limited powers to the national government and specifically enumerated those powers in the Constitution itself. A government that only had to carry out a limited number of functions could do so through the institutions and procedures established by the Constitution. But as the national government expanded and began to focus more and more on every aspect of citizens' lives, the need for a new kind of government...became apparent... As the modern administrative state has grown over the past decades, it has taken many forms, to the point of becoming the primary method of politics and policymaking. The myriad agencies and departments that make up this administrative state operate as a "fourth branch" of government that typically combines the powers of the other three and makes policy with little regard for the rights and views of citizens. In terms of actual policy, most of the action is located in administrative agencies and departments, not in the Congress and the President as is commonly thought. Unelected bureaucrats—not elected representatives—are running the show... Central to the idea of American constitutionalism are the concepts of representation, the rule of law, and the separation of powers. The administrative state does damage to all of these principles...[For example,] we often think that the laws of this country are passed by Congress. Since members of Congress are elected by the people, we assume that we have therefore indirectly consented to the laws that we must follow. The reality is much different. Most federal law is created by the agencies and departments that make up the national bureaucracy, not by Congress. Congress passes laws delegating its legislative power to these agencies and departments, and they in turn develop the laws with which we must comply. Source: From Administrative State to Constitutional Government, Dr. Joseph Postell, 2012 Based on the author's argument, the author would most likely support which of the following changes? A. A shift within the federal bureaucracy from the merit system to a system of political patronage B. Congress passing more specific statutes to limit bureaucratic regulatory power C. Increased use of executive orders as the preferred means of expanding federal government power D. A growth in the size and influence of the executive branch of the federal government

B. Congress passing more specific statutes to limit bureaucratic regulatory power

40. Which of the following Supreme Court rulings held that the Sixth Amendment's guarantee of counsel is a fundamental right to a fair trial that applied to the states through the Fourteenth Amendment? A. Miranda v. Arizona (1966) B. Gideon v. Wainwright (1963) C. Mapp v. Ohio (1961) D. Roe v. Wade (1973)

B. Gideon v. Wainwright (1963)

18. Since the 1960s, the term "imperial president" has been used by critics to describe U.S. Presidents that have expanded presidential power beyond the formal, explicit constitutional powers of the President. Which of the following actions best serves as a piece of evidence that a critic of President Obama could use to argue that he was an imperial president? A. In 2015, President Obama delivered a 59-minute State of the Union address before a joint session of Congress. B. In 2014, President Obama issued an executive order to various executive agencies regarding changes to the implementation of immigration policy. C. In 2015, President Obama vetoed a bill from Congress regarding approval for the construction of the Keystone XL oil pipeline. D. In 2016, President Obama appointed federal judge Merrick Garland to fill a vacancy on the United States Supreme Court.

B. In 2014, President Obama issued an executive order to various executive agencies regarding changes to the implementation of immigration policy.

Attorney General Jeff Sessions suggested in a press conference on Wednesday that the Department of Justice is looking at changing Obama-era policies that allowed states to decide what to do about marijuana despite the drug remaining illegal under the Controlled Substances Act of 1970...This could have a huge impact on the 6 states and D.C. which will have legalized marijuana by January, 2018. Places that have already legalized marijuana and have seen the marijuana industry boom in their states could face particularly tricky legal situations...[Jeff Sessions said during the press conference,] "In fact, we're looking at [changing out interpretation of the Controlled Substances Act] very hard right now, we had a meeting yesterday and talked about it at some length. It's my view that the use of marijuana is detrimental, and we should not give encouragement in any way to it, and it represents a federal violation, which is in the law and is subject to being enforced." Source: Sessions Hints at a Federal Crackdown on Marijuana, Axios, 2017 Based on the information in the passage, the proposed changes to marijuana policy would result from - A. the use of an executive order. B. a shift in bureaucratic interpretation and implementation of law. C. a new law passed regulating marijuana. D. an exercise of judicial review.

B. a shift in bureaucratic interpretation and implementation of law.

4. The United States Fish and Wildlife Service will spend money appropriated by Congress to maintain wildlife refuges. This action by the United States Fish and Wildlife Service is an example of - A. congressional oversight of the bureaucracy. B. bureaucratic implementation of law. C. the use of executive orders. D. implementation of an executive agreement.

B. bureaucratic implementation of law.

29. In recent decades, presidents have made increasing use of executive orders and executive agreements because these presidential powers - A. are noncontroversial measures that can be easily implemented. B. do not need to be passed or approved by Congress. C. avoid judicial review. D. are formal powers of the president that can only be regulated through constitutional amendment.

B. do not need to be passed or approved by Congress.

3. Serving as commander-in-chief of the armed forces and making treaties are all examples of - A. domestic policy powers of the President. B. foreign policy powers of the President. C. powers of the president that can only be checked by the U.S. Senate. D. informal presidential powers that are not explicitly mentioned in the Constitution.

B. foreign policy powers of the President.

Just as the Fourth Amendment's right to privacy has been declared enforceable against the states through the Due Process Clause of the Fourteenth, it is enforceable by the same sanction...as is used against the federal government. Were it otherwise...the assurance against unreasonable searches and seizures would be 'a form of words,' valueless...'in the concept or ordered liberty... There are those who say...that under [this] constitutional...doctrine, "the criminal is to go free because the constable has blundered."...In some cases this will undoubtedly be the result. But,... "there is another consideration - the imperative of judicial integrity."...The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. Source: Justice Tom Clarke, Majority Opinion from the Supreme Court decision in Mapp v. Ohio (1961) The author's argument in the source most directly supports the concept of - A. test case litigation. B. selective incorporation. C. judicial restraint. D. bureaucratic discretion in implementing laws.

B. selective incorporation.

Over the past 100 years, our government has been transformed from a limited, constitutional, federal republic to a centralized administrative state that for the most part exists outside the structure of the Constitution and wields nearly unlimited power. This administrative state has been constructed as a result of a massive expansion of the national government's power. When the Founders created our Constitution, they entrusted only limited powers to the national government and specifically enumerated those powers in the Constitution itself. A government that only had to carry out a limited number of functions could do so through the institutions and procedures established by the Constitution. But as the national government expanded and began to focus more and more on every aspect of citizens' lives, the need for a new kind of government...became apparent... As the modern administrative state has grown over the past decades, it has taken many forms, to the point of becoming the primary method of politics and policymaking. The myriad agencies and departments that make up this administrative state operate as a "fourth branch" of government that typically combines the powers of the other three and makes policy with little regard for the rights and views of citizens. In terms of actual policy, most of the action is located in administrative agencies and departments, not in the Congress and the President as is commonly thought. Unelected bureaucrats—not elected representatives—are running the show... Central to the idea of American constitutionalism are the concepts of representation, the rule of law, and the separation of powers. The administrative state does damage to all of these principles...[For example,] we often think that the laws of this country are passed by Congress. Since members of Congress are elected by the people, we assume that we have therefore indirectly consented to the laws that we must follow. The reality is much different. Most federal law is created by the agencies and departments that make up the national bureaucracy, not by Congress. Congress passes laws delegating its legislative power to these agencies and departments, and they in turn develop the laws with which we must comply. Source: From Administrative State to Constitutional Government, Dr. Joseph Postell, 2012 The federal courts could limit the trends suggested by the author's argument in the passage through - A. oversight hearings. B. the use of judicial review. C. the appointment and confirmation power. D. rule-making authority.

B. the use of judicial review.

1. Based on previous court rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment? A. A police officer inspects the contents of a computer hard drive without a warrant. B. A mayor refuses to allow an unpopular group to hold a political rally. C. A public school system uses race-based segregation. D. The federal government passes a law prohibiting assault rifles.

C. A public school system uses race-based segregation.

Which of the following is a consequence of the trend in the structure of the federal bureaucracy depicted in the infographic? A. Bureaucratic neutrality is undermined because most federal bureaucrats gain their positions through personal relationships with the President B. The increase in responsibility as federal bureaucrats gain promotion allows for further specialization by political appointees C. Bureaucratic accountability is sometimes questionable because most federal bureaucrats are experts that cannot be fired by the President for political reasons D. Bureaucratic power is limited by the size of the federal bureaucracy and the vast influence presidents hold over the selection of most federal bureaucrats

C. Bureaucratic accountability is sometimes questionable because most federal bureaucrats are experts that cannot be fired by the President for political reasons

Which of the following is an accurate comparison of bureaucratic leaders and civil servants within the federal bureaucracy? A. Bureaucratic/Cabinet Leaders: These positions were created by the Hatch Act Civil Servants: These positions were created by the Pendleton Act B. Bureaucratic/Cabinet Leaders: Individuals in these positions have additional job protections and often cannot be fired by the President for political reasons Civil Servants: Individuals in these positions can be removed by the President at any time C. Bureaucratic/Cabinet Leaders: Individuals in these positions are appointed by the President and confirmed by the Senate Civil Servants: Individuals in these positions are currently selected through the merit system D. Bureaucratic/Cabinet Leaders: Individuals in these positions often serve across multiple presidencies Civil Servants: Individuals in these positions often serve for only one president

C. Bureaucratic/Cabinet Leaders: Individuals in these positions are appointed by the President and confirmed by the Senate Civil Servants: Individuals in these positions are currently selected through the merit system

37. Which of the following best describes the original purpose for the ratification of the Fourteenth Amendment? A. Shift federalism by increasing state government power B. Expand the scope of the protections in the federal Bill of Rights C. Establish civil rights protections for African Americans. D. Expand the Supreme Court's use of the power of judicial review.

C. Establish civil rights protections for African Americans.

21. Which of the following is an accurate comparison between original jurisdiction and appellate jurisdiction in the context of the federal court system? A. Original Jurisdiction: Only district courts have original jurisdiction Appellate Jurisdiction: Only courts of appeals and the Supreme Court have appellate jurisdiction B. Original Jurisdiction: Courts of original jurisdiction render the final ruling on a case Appellate Jurisdiction: The decisions of the courts of appeals can be reviewed by higher courts C. Original Jurisdiction: The Supreme Court has original jurisdiction over certain federal cases Appellate Jurisdiction: The Supreme Court has appellate jurisdiction over certain federal and state cases D. Original Jurisdiction: The Supreme Court can select which cases it hears through its original jurisdiction Appellate Jurisdiction: The Supreme Court is required to hear certain cases through its appellate jurisdiction.

C. Original Jurisdiction: The Supreme Court has original jurisdiction over certain federal cases Appellate Jurisdiction: The Supreme Court has appellate jurisdiction over certain federal and state cases

In McDonald v. City of Chicago (2010), the U.S. Supreme Court ruled (5-4) that the Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and bear Arms," applies to state and local governments as well as to the federal government. The case arose in 2008, when Otis McDonald, a retired African American custodian, and others filed suit in U.S. District Court to challenge provisions of a 1982 Chicago law that, among other things, generally banned the new registration of handguns and made registration a prerequisite of possession of a firearm. The next day the National Rifle Association and others filed separate lawsuits challenging the Chicago law and an Oak Park, Ill., law that generally prohibited the possession or carrying of handguns and the carrying of other firearms except rifles or shotguns in one's home or place of business. Each suit alleged that the law violated the right of individuals to possess and carry weapons, which the Supreme Court had found to be protected by the Second Amendment in District of Columbia v. Heller (2008). Source: Case Summary of McDonald v. City of Chicago (2010), Encyclopedia Britannica Which of the following statements best explains why McDonald v. Chicago (2010) is considered a selective incorporation case? A. The case involved a constitutional question related to the Second Amendment. B. The case involved an issue related to civil liberties and the Bill of Rights. C. The case protected a civil liberty from the Bill of Rights from local government infringement. D. The case extended a past Supreme Court precedent from District of Columbia v. Heller (2008).

C. The case protected a civil liberty from the Bill of Rights from local government infringement.

Over the past 100 years, our government has been transformed from a limited, constitutional, federal republic to a centralized administrative state that for the most part exists outside the structure of the Constitution and wields nearly unlimited power. This administrative state has been constructed as a result of a massive expansion of the national government's power. When the Founders created our Constitution, they entrusted only limited powers to the national government and specifically enumerated those powers in the Constitution itself. A government that only had to carry out a limited number of functions could do so through the institutions and procedures established by the Constitution. But as the national government expanded and began to focus more and more on every aspect of citizens' lives, the need for a new kind of government...became apparent... As the modern administrative state has grown over the past decades, it has taken many forms, to the point of becoming the primary method of politics and policymaking. The myriad agencies and departments that make up this administrative state operate as a "fourth branch" of government that typically combines the powers of the other three and makes policy with little regard for the rights and views of citizens. In terms of actual policy, most of the action is located in administrative agencies and departments, not in the Congress and the President as is commonly thought. Unelected bureaucrats—not elected representatives—are running the show... Central to the idea of American constitutionalism are the concepts of representation, the rule of law, and the separation of powers. The administrative state does damage to all of these principles...[For example,] we often think that the laws of this country are passed by Congress. Since members of Congress are elected by the people, we assume that we have therefore indirectly consented to the laws that we must follow. The reality is much different. Most federal law is created by the agencies and departments that make up the national bureaucracy, not by Congress. Congress passes laws delegating its legislative power to these agencies and departments, and they in turn develop the laws with which we must comply. Source: From Administrative State to Constitutional Government, Dr. Joseph Postell, 2012 Which of the following statements best summarizes the author's argument? A. The Constitution failed to create a government that embodies the concept of separation of powers. B. The Constitution provides no effective means of checking bureaucratic power. C. The growth of the size and power of the federal bureaucracy undermines key constitutional principles. D. The size of the federal government has expanded significantly over the past 100 years.

C. The growth of the size and power of the federal bureaucracy undermines key constitutional principles.

In 2013, groups of same-sex couples sued their state governments in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage. The couples in each case argued that the states' statutes violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. By the time these cases reached the Supreme Court in 2015, the issue of same-sex marriage was a prominent issue. In 2015, according to polling by the Pew Research Center, 55% of the American public reported that they favored the legality of same-sex marriage. Also, in 2015, Republicans held majorities in the U.S. House of Representatives and the U.S. Senate and Barack Obama, a Democrat, was President, causing a divide between how Congress and the President viewed the legality of same-sex marriage. In 2015, the Supreme Court ruled in favor of the same-sex couples. The Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects. The Court also held that the Equal Protection Clause of the Fourteenth Amendment guarantees the right of same-sex couples to marry as the denial of that right would deny same-sex couples equal protection under the law. The ruling invalidated same-sex marriage bans in 15 states. Source: Adapted from the overview of Obergefell v. Hodges from Oyez.org Based on the passage, the ruling in Obergefell v. Hodges resulted in - A. an expansion of state government power. B. a stricter interpretation of the Fourteenth Amendment. C. the expansion of civil rights through the Fourteenth Amendment. D. restrictions on the civil liberties of same-sex couples.

C. the expansion of civil rights through the Fourteenth Amendment.

In the 1950s, Pete Hernandez, a Mexican American agricultural worker, was found guilty of murder and sentenced to life in prison by an all-white jury in Jackson County, Texas. Hernandez's defense claimed that people of Mexican ancestry had been discriminated against in Jackson County. They pointed to the fact that no person of Mexican ancestry had served on a jury in 25 years and that the Jackson County Courthouse itself practiced segregation in its facilities. The five jury commissioners, who selected the members of the grand jury, testified under oath that they selected jurors based only on their qualifications and did not consider race or national origin in their decisions. In the ensuing case, Hernandez v. Texas (1954), the Supreme Court unanimously ruled in favor of Hernandez, deciding that evidence of discrimination against Mexican Americans existed in Jackson County and that the Constitution prohibits such discrimination. Source: Summary from Oyez.org Based on the description in the passage, the constitutional issue underlying Hernandez v. Texas (1954) most directly relates to which of the following constitutional provisions? A. Supremacy Clause B. First Amendment C. Due Process Clause of the Fourteenth Amendment D. Equal Protection Clause of the Fourteenth Amendment

D. Equal Protection Clause of the Fourteenth Amendment

Which of the following statements best represents a trend in the data source? A. Presidents are appointing fewer federal district court judges over time. B. Democratic presidents appoint more independent federal district court judges than Republican presidents. C. The proportion of female federal district court judges is always higher under Democratic presidents. D. It is more likely that a President will appoint a female federal district court judge than an independent.

D. It is more likely that a President will appoint a female federal district court judge than an independent.

Which of the following Supreme Court cases empowered the Court in the manner depicted in the cartoon? A. Schenck v. United States (1919) B. Baker v. Carr (1962) C. Mapp v. Ohio (1961) D. Marbury v. Madison (1803)

D. Marbury v. Madison (1803)

Source: 2016 Presidential Election Results and Campaign Event Data for Select States Trends in the data reported in the table highlight which of the following effects of the winner-take-all method for selecting electors? A. The winner-take-all method drives up campaign costs by forcing candidates to spread campaign events evenly across the country. B. The winner-take-all method supports the success of third party candidates, often allowing these candidates to carry at least 10% of the popular vote in a given state. C. Under the winner-take-all method, the larger the population in a state, the larger the incentive for candidates to campaign in the state. D. Under the winner-take-all method, candidates focus their campaigns on swing states with large populations and a narrow popular vote gap between the two major party candidates.

D. Under the winner-take-all method, candidates focus their campaigns on swing states with large populations and a narrow popular vote gap between the two major party candidates.

(1) You may well ask, "Why direct action, why sit-ins, marches, and so forth? Isn't negotiation a better path?" You are exactly right in your call for negotiation. Indeed, this is the purpose of direct action. Nonviolent direct action seeks to create such a crisis and establish such creative tension that a community that has consistently refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. I just referred to the creation of tension as a part of the work of the nonviolent resister. This may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly worked and preached against violent tension, but there is a type of constructive nonviolent tension that is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, we must see the need of having nonviolent gadflies to create the kind of tension in society that will help men to rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood. So, the purpose of direct action is to create a situation so crisis-packed that it will inevitably open the door to negotiation. We therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in the tragic attempt to live in monologue rather than dialogue... (2) My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. History is the long and tragic story of the fact that privileged groups seldom give up their privileges voluntarily. Source:Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., 1963 According to the argument presented in the source, the ultimate purpose of direct action is to - A. calm tensions within a community and end a civil rights policy debate. B. encourage violence and radicalism by social movement members. C. help sympathetic policymakers win elections and implement new civil rights policies. D. create conditions that force policymakers to negotiate and consider new civil rights policies.

D. create conditions that force policymakers to negotiate and consider new civil rights policies.

A president seeking to overcome the limitations depicted in the cartoon could - A. fire and replace justices. B. veto parts of the Court's decisions. C. ratify new constitutional amendments. D. direct the federal bureaucracy to scale back implementing the ruling.

D. direct the federal bureaucracy to scale back implementing the ruling.

"[A] law repugnant to the Constitution is void." Source: Chief Justice John Marshall, Majority Opinion in Marbury v. Madison (1803) The quote above most directly refers to the concept of - A. judicial restraint. B. judicial activism. C. original intent. D. judicial review.

D. judicial review.

13. The primary constitutional conflict between Congress and the President with respect to foreign policy is highlighted by - A. the power of Congress to create laws and the power of the President to implement these laws. B. the President's veto power and the power of Congress to override these vetoes. C. the power of Congress to pass a federal budget and the President's power to veto this budget. D. the President's power as commander-in-chief and the power of Congress to declare war.

D. the President's power as commander-in-chief and the power of Congress to declare war.

14. Marbury v. Madison established the legal principle that - A. Congress can exercise implied powers, such as creating a national bank. B. the power of Congress to regulate interstate commerce is broad and far-reaching. C. the Supreme Court's power of judicial review only allows the Supreme Court to overturn state laws. D. the Supreme Court can invalidate laws that conflict with the U.S. Constitution.

D. the Supreme Court can invalidate laws that conflict with the U.S. Constitution.