AP Gov Test Unit 3
In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision? A The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority. B The United States Congress could have requested that funding be cut off from the redistricting program. C The president could have created an executive agreement with the state that overrode the Supreme Court's decision. D A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.
A
In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? A When an individual claims that a right protected by the Bill of Rights is infringed upon by a state B When there is a conflict among the branches of the national government C When a federal policy shifting oversight authority from a national agency to a state agency is challenged D When a former employee files a wrongful termination claim against a company headquartered in another state
A
Students at a public university hold a peaceful protest to demonstrate against an increase in the cost of college tuition. Which of the following constitutional protections best applies to this scenario? A The First Amendment B The Second Amendment C The Sixth Amendment D The Ninth Amendment
A
The framers of the Constitution designed which of the following to be LEAST responsive to public opinion? A The office of the president B The courts C Congress D The electoral college E Political parties
B
Which of the following attributes of the political cartoon would best represent the government's use of prior restraint? A The steps of the building B The fallen pillars C The word "democracy" written on the building D The standing pillars
B
Which of the following explains the most significant long-term consequence of the ideas expressed in the passage? A Affirmative action was permanently adopted as a measure to address long-term inequality. B The value of "all men are created equal" was reaffirmed both in law and in American political culture. C African Americans migrated to the South in search of the American dream. D Congress passed an amendment to the United States Constitution to include the notion of equality in American law.
B
Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ? A Commerce clause B Free exercise clause C Due process clause D Equal protection clause
C
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) ? A Both cases were related to school bussing. B Both cases were primarily about the application of the commerce clause to address segregation. C Both cases ruled that the federal government did not have the authority to address segregation. D Both cases struck down local ordinances that prescribed segregation.
D
The text in the passage likely inspired Congress to act based on which of the following clauses of the United States Constitution? A The free exercise clause of the First Amendment B The commerce clause in Article I, Section 8 C The reserved powers clause of the Tenth Amendment D The equal protection clause of the Fourteenth Amendment
D
Which of the following best reflects a function of the Supreme Court in Article III of the Constitution? A To interpret the constitutionality of laws passed by Congress B To adjudicate disputes between the president and Congress C To overturn legislation passed by the state legislatures D To serve as the highest court of appeals
D
The case Plessy v. Ferguson (1896) upheld the standard of "separate but equal" in American law. Which of the following explains how this case relates to Brown v. Board of Education of Topeka (1954) ? A Plessy established a precedent that was eventually overturned in the Brown case. B The decision in Plessy was used to support the ruling in Brown. C The "separate but equal" principle was established in Plessy and used in Brown. D The "separate but equal" principle was upheld in Brown but not in Plessy.
A
Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ? A Article I B Article III C The First Amendment D The Tenth Amendment
B
What constitutional clause did the Court rely most heavily on to reach this decision? A The due process clause B The necessary and proper clause C The equal protection clause D The free exercise clause
C
The facts of which of the following cases are most related to the political cartoon? A New York Times Co. v. United States (1971) B Gideon v. Wainwright (1963) C Schenck v. United States (1919) D Wisconsin v. Yoder (1972)
A
Based on the data in the chart, which of the following is true? A The percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between 1900 and 1928. B The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996. C The number of civil rights and civil liberties cases heard by the Supreme Court declined between 1944 and 1952. D The number of civil rights and civil liberties cases heard by the federal district courts decreased between 1972 and 1992.
B
In Engel v. Vitale (1962), which of the following provides the legal reasoning behind the Supreme Court's ruling? A It ruled that the state had an overarching right to compel students to listen to a nondenominational prayer led by public school teachers, finding such action permissible under the Tenth Amendment. B 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. C It balanced the school's interest in providing for an open and peaceful frame of mind for the school day with the interest of the students in not being subjected to the prayer, ultimately ruling for the state. D It rejected the student complaint, as public school students have no free exercise rights in school.
B
In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition." The quote points to which of the following amendments to the United States Constitution as a basis to limit state action? A The First Amendment B The Second Amendment C The Third Amendment D The Fourth Amendment
B
In Roe v. Wade (1973), the United States Supreme Court used what provision of the United States Constitution to extend the right to privacy to women seeking abortions? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
B
The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario? A The Third Amendment B The Fourth Amendment C The Seventh Amendment D The Eighth Amendment
B
Which of the following scenarios best demonstrates a president avoiding a check from the judicial branch? A The president signs a bill that reduces the budget of the Department of Justice in response to the department's failure to prosecute white-collar criminals. B The president claims that certain detainees are enemy combatants and thus do not possess the same constitutional protections that the Supreme Court has upheld for the interrogation of criminal suspects. C The president vetoes legislation that would constrain the ability of the executive branch to conduct domestic surveillance as it relates to terrorism. D The president issues an executive order declaring that all people who were brought to the United States illegally as children can apply for a deferment rather than face deportation.
B
Which of the following statements best describes the information in the map? A Most states in the Northeast and West do not allow capital punishment. B Most states in the South and West allow capital punishment. C Capital punishment is not allowed in Oklahoma (OK) and New Mexico (NM). D Only three states do not allow capital punishment.
B
Which of the following statements is best supported by the information on the map? A Some states are more interested in cooperating with the federal government than others are. B Some states prioritize freedom of the press over criminal prosecutions. C Some states receive more federal funding for shield law programs than other states do. D Some states adhere to the exclusionary rule of the First Amendment more than other states do.
B
Which of the following would most likely be protected by the First Amendment? A A reporter knowingly publishes a false story that injures the subject's reputation. B A student wears a black armband at school to protest government involvement in a war. C An individual issues a threat against another individual on social media. D An individual spray paints graffiti on a public building to protest a government action.
B
During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a future case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling? A Briefs submitted by interested parties B Contemporary societal norms C The consensus of the other justices D Reliance on legal precedent
D
In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights? A It ruled that the state had an overarching right to compel students of all ages to attend public school through the twelfth grade. B It ruled that the state had no justifiable interest to compel students of all ages to attend public school through the twelfth grade. C It balanced the state's interest in compulsory education with the students' free speech rights. D It balanced the state's interest in compulsory education with the students' free exercise rights.
D
In which case did the Supreme Court rule that "the doctrine of separate but equal has no place" in the Constitution? A Tinker v. Des Moines Independent Community School District (1969) B Wisconsin v. Yoder (1972) C Engel v. Vitale (1962) D Brown v. Board of Education of Topeka (1954)
D
The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by A reducing the pay of the justices to pressure them to reverse their decision B overruling the Supreme Court's decision by a two-thirds vote in Congress C impeaching the justices in the majority D refusing to actively enforce the decision
D
Which of the following cases involves a state law that prevents women who are pregnant from seeking abortions? A Gideon v. Wainwright (1963) B Wisconsin v. Yoder (1972) C Schenck v. United States (1919) D Roe v. Wade (1973)
D
Which of the following provisions of the United States Constitution did the Supreme Court use to strike down racial segregation in state public schools? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
D
Which of the following states has the greatest protection for freedom of the press based on the information on the map? A New York (NY) B Missouri (MO) C Wyoming (WY) D Georgia (GA)
A
Which of the following applications of affirmative action would the United States Supreme Court likely consider unconstitutional? A A company actively recruits women and minorities in its hiring practices for a federal contract. B A state university refuses acceptance of any new applicants from a specific race. C A university values racial diversity on its campus and considers race as one of many factors when considering applicants to its freshman class. D The United States Department of Transportation hires a contractor with a history of hiring and promoting minorities and women for the construction of an interstate highway.
B
What generally does the Fourteenth Amendment provide for? A Free expression and freedom of religion B Limits on unreasonable searches and seizures by governmental actors C Equal protection of the laws and due process D The right to vote for African American males over the age of twenty-one
C
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? A Ledbetter could renew her appeal by seeking additional Supreme Court review. B The president could sign an executive order to alter the Civil Rights Act. C Ledbetter could pursue her case using the same arguments in state courts. D Congress could enact legislation to amend Title VII of the Civil Rights Act.
D
Which of the following legal concepts is Justice Powell considering in his statement? A The exclusionary rule B Selective incorporation C Time, place, and manner restrictions D Equal protection clause
D
"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature." Brutus 15 Which of the following cases is most related to the quote? A Marbury v. Madison (1803) B McCulloch v. Maryland (1819) C McDonald v. Chicago (2010) D United States v. Lopez (1995)
A
According to the quote, what is the likely effect of the Court's ruling in the Bakke case? A Colleges can consider race but cannot use strict racial quotas in admission practices. B Affirmative action practices can never be employed in college admission decisions. C As a result of the Bakke decision, colleges and universities stopped considering race as a factor in admissions. D The Bakke decision affected the admissions practices only at private colleges, not at public universities.
A
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? A Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions. B When the Supreme Court takes an activist approach to decision making, it can influence policy. C Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. D Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.
A
Which of the following legislative acts best relates to the passage? A Title IX of the Education Amendments Act of 1972 B The Civil Rights Act of 1964 C The Bipartisan Campaign Reform Act of 2002 D The Gun-Free School Zones Act of 1990
B
Which of the following scenarios is an example of a constitutional application of affirmative action? A A high school athletic program adds a women's basketball team in addition to its existing men's basketball team. B A federal contractor actively recruits qualified minorities and women for positions in the company. C A company providing a public service is required to serve all customers regardless of race or religion. D A person who cannot afford an attorney is provided one by the state.
B
A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement? A Confer with House leadership to discuss potential nominees B Confer with the chief justice to discuss potential nominees C Nominate a federal judge who shares the president's ideology D Nominate a sitting senator of the majority party
C
A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario? A The Third Amendment B The Fifth Amendment C The Sixth Amendment D The Seventh Amendment
C
Congress passes a law requiring that all public accommodations provide access for people with disabilities. The United States Supreme Court rules that the law does not apply to the airline industry. Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court's ruling? A Appeal the ruling to the United States Court of Appeals B Override the court with a two-thirds majority in both chambers C Pass a new law that specifies that the airlines must provide access for people with disabilities D Remove members of the Supreme Court who ruled against the law and have the president appoint new justices
C
Which of the following describes the origin of the United States court system presented in the diagram? A Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier. B McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts. C Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress. D Marbury v. Madison (1803) allowed Congress to create other federal courts.
C
Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995)? A The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. B Laws passed by Congress have since undergone judicial review by the Supreme Court to ensure that the commerce clause and other parts of the Constitution are interpreted correctly. C The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation. D Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.
C
Which of the following pairs of cases used the Fourteenth Amendment's due process clause to expand individual liberties?
Case 1: Roe V. Wade Case 2: Gideon V. Wainwright
In Brown v. Board of Education of Topeka (1954), the Supreme Court ruling limited state action in segregating public school students based on their race, stating "separate educational facilities are inherently unequal." The Court pointed to which of the following amendments to the United States Constitution to achieve this ruling? A The First Amendment B The Fifth Amendment C The Thirteenth Amendment D The Fourteenth Amendment
D
In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument? A It has the power of the sword and the power of judgment but lacks the power of the purse. B Each branch must be given the ability to defend its power and check the others. C The federal government is further from the people and thus less accountable. D It must depend on the executive for enforcement of its decisions.
D
The clause of the United States Constitution that was used in the Supreme Court's ruling in Brown v. Board of Education of Topeka (1954) was A The due process clause B The necessary and proper clause C The free exercise clause D The equal protection clause
D
The issues identified in the passage reflect a failure to uphold which of the following constitutional principles? A One person, one vote B Equal representation in Congress C States' rights D Equal protection
D
Which of the following Supreme Court cases is most relevant to the topic of the article? A Engel v. Vitale (1962) B Baker v. Carr (1962) C McCulloch v. Maryland (1819) D McDonald v. Chicago (2010)
D
Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools? A The "one person one vote" rule in Baker v. Carr (1962) B The free exercise clause in Wisconsin v. Yoder (1972) C The First Amendment's establishment clause in Engel v. Vitale (1962) D The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)
D
Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court? A The United States Constitution spells out all of the categories of cases that the Supreme Court must hear. B The Chief Justice of the Supreme Court has the authority to select the cases that the Court will hear. C The Solicitor General in the Department of Justice determines the Supreme Court's agenda. D The Supreme Court is free to choose the cases it hears with only a few limitations. E The Attorney General screens cases for consideration by the Court.
D
Which of the following is an accurate comparison of the establishment clause and the free exercise clause?
Establishment: Prohibits the federal government from promoting religion or creating a national religion Free Exercise: Protects an individuals religious beliefs and reasonable religious practices
Which of the following is an accurate comparison of rights protected and not protected by the First Amendment?
Protected: The right to burn a flag Not protected: Obscenity
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? A Compliance monitoring B Stare decisis C Overlapping jurisdiction D Judicial activism
B
Which of the following Supreme Court cases establishes that a woman has a due process right to make a decision whether or not to have an abortion? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Roe v. Wade (1973) D Gideon v. Wainwright (1963)
C
Which of the following factors most likely led to shifts in Supreme Court decision making over time? A The ideological composition of the justices on the Supreme Court shifted to become less liberal over time. B Rather than pass new legislation, Congress was inclined to refer civil rights legislation to the Supreme Court. C After 1960, the Supreme Court deferred to the wishes of state and local governments rather than voting to expand the authority of the federal government. D Constitutional amendments enabled the Supreme Court to issue more liberal decisions.
A
The author's main argument is that the Second Amendment A did not extend privacy rights B was added to the Constitution to ensure that militias would have arms C should not be applied to states that do not have a militia D protects an individual's right to own a gun for personal protection
B
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? A The application of strict scrutiny B The exclusionary rule for evidence C The heavy presumption against prior restraint D Time, place, and manner restrictions
C
The author cites the case District of Columbia v. Heller (2008) in order to A illustrate that the Supreme Court has incorrectly upheld restrictions on the right to bear arms B show that the author's perspective is supported by recent decisions made by the Supreme Court C illustrate that the Supreme Court's interpretation of the Second Amendment has recently changed D make the case that the power of government needs to be expanded with regard to the right to bear arms
C
The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways? A The Tenth Amendment to the Constitution reserves powers to the states, and Marbury v. Madison deals with whether the Supreme Court has appellate jurisdiction over state courts. B The Declaration of Independence describes circumstances in which people may demand a redress of grievances, and Marbury v. Madison is about whether courts can resolve these crises. C The Federalist 10 describes how the expanded scope of the national government can alleviate the problems of factions, and Marbury v. Madison uses the national government to negotiate a compromise between two rival factions. D The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.
D
Which of the following statements best explains the diagram? A The United States District Court is the starting place for all cases going to the United States Supreme Court. B State supreme courts have the final say in all cases arising in the states. C Cases arising at both the state and federal level may be appealed to the United States Supreme Court. D The number of federal courts is greater than the number of state courts.
C
Which of the following statements is correct based on the bar chart? A Most Independents believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. B Most Democrats believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. C 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. D The more consistently conservative 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.
C
Which of the following cases addresses the issue of mandatory public school prayer? A Engel v. Vitale (1962) B Schenck v. United States (1919) C Tinker v. Des Moines Independent Community School District (1969) D Shaw v. Reno (1993)
A
After hours of interrogation by police a suspect confesses to multiple felony offenses. His attorney objected to the admission of the confession because he was not advised of his right to have an attorney present nor his protection from self-incrimination. Which amendments are most relevant to this scenario? A The Fourth and Fifth Amendments B The Fifth and Sixth Amendments C The Sixth and Eighth Amendments D The Fourth and Eighth Amendments
B
Which of the following scenarios, related to the First Amendment, best illustrates the "right . . . to petition the Government . . ." ? A A newspaper prints an editorial supporting executive action by the president. B A student sues a public school that institutes a mandatory prayer ceremony. C A citizen calls a member of Congress to persuade her to vote yes on a bill. D A religious group practices a religious ritual that is in conflict with a local law.
C
Which of the following cases is most similar to Shelley v. Kraemer (1948) ? A United States v. Lopez (1995) B Engel v. Vitale (1962) C Roe v. Wade (1972) D Brown v. Board of Education of Topeka (1954)
D
Which of the following is a doctrine based on the Fourteenth Amendment of the Constitution that was used in McDonald v. Chicago (2010) to limit the power of states and protect the right to keep and bear arms? A Symbolic speech B Equal protection C Judicial review D Selective incorporation
D
Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ? A "Congress shall make no law respecting an establishment of religion." B "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." C "No person shall . . . be compelled in any criminal case to be a witness against himself." D "[T]he right of the people to keep and bear Arms, shall not be infringed."
D
Which of the following cases arose from a state law that mandates public schools to begin the school day with the reading of a nondenominational prayer by a school official? A Engel v. Vitale (1962) B Gideon v. Wainwright (1963) C Baker v. Carr (1962) D Wisconsin v. Yoder (1972)
A
Which of the following could be used as evidence to support the author's claim? A At the time the Constitution was written, laws in the states required able-bodied individuals to serve in militias. B The Constitution clearly states that the Second Amendment applies only to the federal government's ability to make gun laws. C The United States today uses militias such as police forces to maintain domestic peace. D The Constitution guarantees that all rights, including the Second Amendment, are incorporated to the states.
A
Which of the following headlines is most relevant to the political cartoon? A Nixon Administration Goes to Court to Stop Pentagon Papers Release B Supreme Court Rules High School Students May Silently Protest Vietnam War C Supreme Court Hears Flag Burning Case D War Protestor Presented "Clear and Present Danger" Says Court
A
Which of the following pieces of legislation was most likely a result of the passage? A The Civil Rights Act of 1964 B The Bipartisan Campaign Reform Act of 2002 C The Voting Rights Act of 1965 D Title IX of the Education Amendments Act of 1972
A
Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of 1972 ? A Members of Congress added the amendment to the bill in response to social movements seeking to address inequality in education for women. B Paid lobbyists added the amendment on behalf of teachers unions in order to increase pay and tenure for public school teachers. C President Lyndon Johnson used the power of the bully pulpit to pressure members of Congress to pass a bill that would legally desegregate schools. D The Department of Justice added the amendment in order to provide legal guidance to states to enforce the Equal Rights Amendment.
A
Which of the following scenarios best illustrates the concept of a case being decided based on precedent? A The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause. B The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. C A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. D The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.
A
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) ? A Both cases involved the use of affirmative action in public schools. B Both cases ruled against the school district based on the equal protection clause. C Both cases struck down plans to segregate students. D Both cases ruled in favor of students based on the due process clause.
B
A woman is arrested for possessing illegal substances that were obtained after a warrantless search of her home by local police. Which of the following best explains whether the evidence could be used in a criminal trial? A The due process rights of the Fifth Amendment require that the evidence be reviewed by the prosecution before being admitted as evidence in court. B The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect. C Since the evidence obtained suggests illegal activity, the evidence may be used against the defendant in a criminal trial. D If the case is in the state court system, the evidence can be used against the defendant.
B
During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial? A The writ of habeas corpus B The exclusionary rule C The Miranda warning D The protection against ex post facto
B
In McDonald v. Chicago (2010), the United States Supreme Court stated, "that the [Constitution] protects the right to possess a handgun in the home for the purpose of self-defense" and that the Second Amendment applied to the states through which of the following constitutional clauses? A The due process clause of the Fifth Amendment B The due process clause of the Fourteenth Amendment C The equal protection clause of the Fifth Amendment D The equal protection clause of the Fourteenth Amendment
B
In The Federalist 78, Alexander Hamilton states, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning." Which of the following Supreme Court cases is most relevant to this statement? A Baker v. Carr (1962) B Marbury v. Madison (1803) C Shaw v. Reno (1993) D McCulloch v. Maryland (1819)
B
In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of A amicus curiae B stare decisis C justiciability D diversity E certiorari
B
In the case Guey Heung Lee v. Johnson (1971), the parents of Chinese American students who attended a primarily Asian American school challenged San Francisco's effort to desegregate the public schools, arguing that their culture and language would be diluted if their children were dispersed from their local school. The Supreme Court denied the challenge from the parents basing their decision on the Fourteenth Amendment. Which of the following cases was most likely used in the decision as a precedent? A Tinker v. Des Moines Independent Community School District (1969) B Brown v. Board of Education of Topeka (1954) C Engel v. Vitale (1962) D Gideon v. Wainwright (1963)
B
In the case Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled that Congress had the power under the commerce clause to pass the Civil Rights Act of 1964. Which of the following explains how this case is similar to Brown v. Board of Education of Topeka (1954) ? A Both cases challenged the authority of Congress to pass legislation that addressed local segregation. B Both cases upheld the power of the federal government to ensure equal protection under the law. C Both cases decided that actions taken by the president to end segregation were unconstitutional. D Both cases were about the application of the Thirteenth Amendment to the states.
B
In the majority opinion of a United States Supreme Court case, Justice Alito wrote, "we now turn directly to the question whether the...right to keep and bear arms is incorporated in the concept of due process. In answering that question, . . . we must decide whether the right to keep and bear arms is fundamental to our scheme of ordered liberty." Which Supreme Court case is most aligned with Justice Alito's reasoning to treat gun ownership for self-defense as a fundamental liberty? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Baker v. Carr (1962) D McCulloch v. Maryland (1819)
B
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? A Compliance monitoring B Stare decisis C Overlapping jurisdiction D Judicial activism Answer B Correct. Stare decisis is the concept that decisions should be based on precedent.
B
The doctrine of original intent holds that A Supreme Court justices must emphasize independent and original thinking in considering constitutional matters B the meaning of the Constitution depends on the intention of the framers C cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court D Supreme Court justices should avoid bias by documenting their original impressions of a case E the Supreme Court should review all treaties that alter previously established foreign policy
B
Based on the map and your knowledge, which of the following is a major difference between the issue of shield laws and the issue of prior restraint? A The Supreme Court has ruled that shield laws are incorporated to the states to decide on their own, while the issue of prior restraint applies only to the federal government. B The issue of shield laws does not apply to the federal government because criminal prosecutions occur only at the state level. On the other hand, the issue of prior restraint arises only in situations in which the president is invoking executive privilege to prevent information from being reviewed. C The Supreme Court has ruled that the First Amendment protects against prior restraint by the government. However, protections for journalists and their sources are not as strong, as evidenced by the many states with weak or no shield laws. D The First Amendment supports freedom of the press, which requires that each state develop guidelines for shield laws. However, the issue of prior restraint is not incorporated to the states because it is not related to freedom of the press.
C
Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions? A The state may do so at any time during the pregnancy as it is seeking to foster maternal health and protect fetal life. B The state may never do so during the pregnancy as the woman has an absolute right to privacy and to end her pregnancy whenever she wishes. C The state's interest in prohibiting abortions is greatest during the third trimester of the pregnancy; thus, the state may prohibit women from seeking abortions in some conditions. D Roe did not involve abortion rights. In the Supreme Court's view, it created the implied right to privacy, based on the "penumbra" of protections emanating from the Bill of Rights.
C
Which of the following best illustrates the protection of an individual's Fifth Amendment rights? A An appeals court rules that a lower court imposed excessive punishment on an individual who broke a law. B A judge blocks an attempt by law enforcement to search a home without probable cause. C After arrest, a suspect is informed of the right to remain silent during interrogation. D During a time of war, soldiers are not quartered in a person's home without the consent of the owner.
C
Which of the following expresses the most significant political concern in the passage? A Improved understanding of the flaws of the legal system B Greater funding for education in urban areas C Increased awareness of citizen inequalities that need to be addressed D Decreased partisanship in congressional policy making
C
Which of the following is a similarity between the views expressed in the excerpt above and Dr. Martin Luther King, Jr.'s "Letter from Birmingham Jail"? A Unlike César Chávez, Dr. Martin Luther King, Jr. supported the use of violence after all other means had been exhausted. B Unlike Dr. Martin Luther King, Jr., César Chávez supported the use of violence as a means to start the movement. C Both César Chávez and Dr. Martin Luther King, Jr. argued for the continued use of nonviolence to further their causes. D Both César Chávez and Dr. Martin Luther King, Jr. argued for the use of nonviolence after standards of equality had been met.
C
Which of the following is an example of affirmative action? A The president submits a report to Congress forty-eight hours after he deployed troops in an overseas conflict. B The United States Department of Education offers low-interest college student loans to all financially qualified students. C Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program. D The state of Virginia awards an infrastructure contract to the company with the lowest bid.
C
Which of the following is most likely responsible for the increase in the number of southern African American state legislators between 1960 and 1992 as shown in the graph? A The Civil Rights Act of 1964 B Brown v. Board of Education of Topeka (1954) C The Voting Rights Act of 1965 D The Nineteenth Amendment
C
Which of the following is used as evidence to support the author's argument? A People in the United States agree that the Second Amendment protects the rights of the individual. B The Supreme Court has the power of judicial review to determine whether state gun control laws are consistent with the United States Constitution. C Historical records show varying interpretations as to whether the Second Amendment was supposed to protect the right of individuals to own a gun, or just for the purpose of supporting militias. D The Second Amendment does not protect an individual right, but was written by the founders to ensure that militias would have access to needed armaments.
C
Which of the following reflects the Supreme Court decision in Roe v. Wade (1973) ? A It ruled that the state had an overarching right to prohibit women of all ages from having abortions anytime during their pregnancies. B It ruled that the state had a justifiable interest to legalize abortion. C It ruled that a woman's right to an abortion was a privacy right incorporated to all of the states. D It ruled that the case was moot, as Roe's pregnancy had ended by the time the case came up for review.
C
Which of the following scenarios illustrates an action that would be protected by the free exercise clause in the First Amendment? A A student wears a T-shirt to public school portraying an illegal substance. B A person legally purchases a firearm for the purpose of self-defense. C A person wears a necklace bearing a Christian cross to work. D A state mandates the reading of a prayer at the beginning of the school day.
C
Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995) ? A The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. B Laws passed by Congress have since undergone judicial review by the Supreme Court to ensure that the commerce clause and other parts of the Constitution are interpreted correctly. C The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation. D Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.
C
In McDonald v. Chicago (2010), the Court ruled that the Second Amendment right to bear arms was applicable to the states. Which of the following sections of the United States Constitution did the Supreme Court use to support its ruling? A Executive Privilege under Article II, holding that the president is "commander-in-chief" B States' rights under the Tenth Amendment, holding that such powers were "not delegated to the United States by the Constitution" and, thus, "reserved to the States respectively" C The equal protection clause under the Fifth Amendment, holding that one cannot "be deprived of life, liberty, or property, without due process of law" D The doctrine of selective incorporation through the Fourteenth Amendment, holding that state action limiting gun rights deprived persons of "life, liberty, or property, without due process of law"
D
In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and famously challenged the Supreme Court to enforce it. As the Supreme Court was not able to enforce the decision, the other branches of government ignored it. This example illustrates which of the following? A The president can approve or veto decisions made by the Supreme Court. B States have the power to nullify federal laws. C Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. D Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.
D
In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment's protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following? A The Supreme Court oftentimes overrules lower court decisions. B Constitutional amendments can be used to overturn previous Supreme Court decisions. C The executive branch can sometimes evade Supreme Court decisions. D Ideological changes to the Supreme Court can lead to the overturning of precedent.
D
The Federalist No. 78 says, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ? A McCulloch v. Maryland (1819) B Schenck v. United States (1919) C Brown v. Board of Education of Topeka (1954) D Marbury v. Madison (1803)
D
The Supreme Court addressed the admissions policy of the University of Michigan Law School in Grutter v. Bollinger (2003). Justice Sandra Day O'Connor wrote for the court, "in the context of its individualized inquiry into the possible diversity contributions of all applicants, the Law School's race-conscious admissions program does not unduly harm nonminority applicants." The primary issue of controversy in the Grutter v. Bollinger decision involves A national supremacy B judicial review C selective incorporation D affirmative action
D
Which of the following best characterizes the debate regarding the Second Amendment according to the author of the passage? A The Second Amendment debate underscores the broader constitutional mission to balance the individual rights of citizens and the need for rule of law. B The Second Amendment debate has been clouded by powerful interest groups who are influential at the federal level. C The rights guaranteed by the Second Amendment, like those guaranteed by the First Amendment, require practical limitations, but striking the appropriate level of regulation has historically been a challenge. D The Second Amendment is viewed by some as an individual rights issue but by others as a states' rights issue.
D
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? A United States v. Lopez (1995) B Brown v. Board of Education of Topeka (1954) C Tinker v. Des Moines Independent Community School District (1969) D Wisconsin v. Yoder (1972)
D
Which of the following cases examined a state law that required all children to attend school through the twelfth grade in order to promote the general welfare of its citizens? A Engel v. Vitale (1962) B Marbury v. Madison (1803) C Tinker v. Des Moines Independent School District (1969) D Wisconsin v. Yoder (1972)
D
