ap gov unit 2 part 2 (● ˃̶͈̀ロ˂̶͈́)੭ꠥ⁾⁾
Chris is correct, the death penalty is considered to be a disproportionate punishment for minors and therefore cruel and unusual.
17 year old Chris was charged and convicted of murder and subsequently sentenced to death. Chris argued that the Constitution protects him from execution. A Chris is incorrect, minors can be punished with the death penalty. B Chris is correct, the death penalty is considered to be a disproportionate punishment for minors and therefore cruel and unusual. C Chris is correct, no minors cannot be punished for crimes. D Chris is incorrect, minors above 16 can be put to death.
The Fifth and Sixth Amendments
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
The Judge is incorrect, a person is entitled to a free attorney whenever they are on trial for any crime above minor offenses.
Clarence is accused of breaking and entering a pool room and stealing money and beverages. Clarence is put on trial for the crime without an attorney to defend him. When he asks the judge for a lawyer, the judge says that he is not required to appoint a free attorney to represent him. A The judge is correct, accused people are not entitled to have a defense attorney. B The judge is incorrect all attorneys perform services free of charge. C The Judge is incorrect, a person is entitled to a free attorney whenever they are on trial for any crime above minor offenses. D The judge is correct, public defenders are only required when the accused person is charged with a capital crime.
The exclusionary rule
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
Ernie is correct, the police must inform an accused person of their rights before questioning.
Ernie is charged with kidnapping and rape. When police take him into custody, he admits to the crime during questioning without a lawyer present. Ernie claims that his admission should not be used against him because he wasn't aware of his rights. A Ernie is correct, the police must inform an accused person of their rights before questioning. B Ernie is correct, any statement that an accused person makes without an attorney present cannot be used against them. C Ernie is incorrect, the police can force a person to admit to a crime. D Ernie is incorrect, citizens should know their rights and it is not the responsibility of the police to inform them.
the United States Constitution implies a right to privacy and thus made abortions legal
In Roe v. Wade, the majority of Supreme Court justices determined that A a constitutional right to privacy necessitated making contraceptives legal B abortions could be performed only during the first twelve weeks of a pregnancy C same sex marriage is unconstitutional D the United States Constitution implies a right to privacy and thus made abortions legal E a husband is allowed to veto his wife's decision to have an abortion
incorporation
The process of extending the protections of the Bill of Rights by means of the Fourteenth Amendment to apply to the actions of state governments is known as A judicial review B incorporation C broad construction D federalism E stare decisis
Federal government only
To which level of government did the Bill of Rights originally apply? A State governments only B Federal government only C State and federal governments only D Local and federal governments only E Local, state, and federal governments
Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality.
Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior? A Grassroots libertarian advocacy organizations have advocated in favor of less economic regulation of the marketplace. B The Supreme Court has ruled that Fifth Amendment prohibition on double jeopardy was made applicable to the states. C Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for opposing segregation and inequality. D President Franklin D. Roosevelt's State of the Union address urged Congress to pass legislation that would ensure greater economic security for the American people.
Both cases ruled against the school district based on the equal protection clause.
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.
The exclusionary rule, derived from the Fourth Amendment, prevents the evidence from being used against the suspect.
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.
Separation of students by race, even in equally good schools, is unconstitutional.
In Brown v. Board of Education of Topeka, the Supreme Court established which of the following principles? A A school official can search a student for drugs. B Everyone must go to school at least until the age of 16. C Tuition for private schools cannot be tax deductible. D Separation of students by race, even in equally good schools, is unconstitutional. E A moment of silent prayer at the beginning of the school day is allowable under the First Amendment.
Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws
In Gideon v. Wainwright, the United States Supreme Court ruled that the A Bible could be distributed at public schools under the free exercise clause of the First Amendment B exclusionary rule prevented the introduction of evidence seized in violation of the Fourth Amendment from being introduced in court C eminent domain clause of the Fifth Amendment prevents government from taking religious property for public purposes D Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws E Eighth Amendment cruel-and-unusual-punishment provision cannot be applied in a discriminatory manner
The due process clause of the Fourteenth Amendment
In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms 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
police must inform criminal suspects of their constitutional rights before questioning suspects after arrest
In Miranda v. Arizona, the United States Supreme Court declared that A illegal aliens have the same right to an education as United States citizens B evidence seized during an illegal search cannot be used in court C affirmative action programs cannot employ numerical quotas D police must inform criminal suspects of their constitutional rights before questioning suspects after arrest E the death penalty is constitutional so long as juries are supplied with sentencing guidelines
Both cases struck down local ordinances that prescribed segregation.
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.
Brown v. Board of Education of Topeka (1954)
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)
Selective incorporation
In the case of McDonald v. Chicago (2010) the Supreme Court ruled that the Second Amendment right to keep and bear arms for self-defense was applicable to the states. This ruling is an example of the application of the doctrine of A Strict scrutiny B Selective incorporation C Stare decisis D Literalism
McDonald v. Chicago (2010)
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)
When an individual claims that a right protected by the Bill of Rights is infringed upon by a state
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
Fourteenth Amendment
Most of the individual protections of the Bill of Rights now apply to the states because of the Supreme Court's interpretation of the Constitution's A Preamble B necessary and proper clause C supremacy clause D Tenth Amendment E Fourteenth Amendment
Gene is incorrect, if a voluntary witness wants to exercise their right to remain silent, they must communicate that with authorities.
Police suspected Gene of killing two brothers with a shotgun and he voluntarily went to the police station to answer questions. However, when Gene was asked about his shotgun, he stopped talking and would not say anything. When the case went to trial, prosecutors told the jury that Gene refused to answer any questions about his gun. Gene was convicted. Gene claims that his silence cannot be used against him. A Gene is incorrect, prosecutors can always use your silence as an admission of guilt. B Gene is correct, we all have a 5th Amendment right to remain silent that protects us from saying or communicating ANYTHING at ANY TIME. C Gene is incorrect, if a voluntary witness wants to exercise their right to remain silent, they must communicate that with authorities. D Gene is correct, we all have the 4th Amendment right to remain silent that protects us from saying or communicating ANYTHING.
Suzy is incorrect, the Supreme Court has ruled that economic development that generates more tax revenue satisfies the public use criteria necessary for taking your land.
Suzy lives in a small suburban town in the United States. A local Company wants her township's government to take her house(by paying her fair market price) to build a gym for employees to workout in before and after their shifts. The Government likes the idea because the gym would generate more tax money than Suzy's house and would also create some jobs. Suzy doesn't want to sell and says that the government cannot do that. A Suzy is correct, the government can only take your land to build a school or some other government structure. B Suzy is incorrect, the Supreme Court has ruled that economic development that generates more tax revenue satisfies the public use criteria necessary for taking your land. C Suzy is correct, the government cannot take your land if you don't want to sell. D Suzy is incorrect, the Supreme Court has ruled that the government can take your land for any purpose.
unfair police interrogation
The "Miranda warning" represents an attempt to protect criminal suspects against A unfair police interrogation B biased jury selection C imprisonment without trial D illegal wiretapping E unjustified police surveillance
make most rights contained in the Bill of Rights applicable to the states
The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to A expand presidential power B restrict the application of judicial review C make most rights contained in the Bill of Rights applicable to the states D prevent states from taxing agencies of the federal government E limit the use of the legislative veto
affirmative action
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 in the Grutter v. Bollinger decision involves A national supremacy B judicial review C selective incorporation D affirmative action
interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government
The Supreme Court established the incorporation doctrine when the Court A interpreted the Fourteenth Amendment as extending most of the requirements of the Bill of Rights to the states as well as the federal government B interpreted the Ninth Amendment as requiring national health and worker-safety standards to protect the individual's implied right of personal safety C stripped the armed forces of their discretionary powers regarding military service for gay men, lesbians, and married people D strengthened local police forces by granting them the power to investigate and prosecute federal offenses E granted the federal government the power to declare acts of Congress unconstitutional
The death penalty is not necessarily cruel and unusual punishment
The Supreme Court has ruled which of the following concerning the death penalty? A A state may not impose the death penalty on a noncitizen. B Lethal injection is the only constitutionally acceptable method of execution. C Females may not be executed. D The death penalty is not necessarily cruel and unusual punishment. E The death penalty violates the Fifth Amendment of the Constitution.
Selective incorporation
The Supreme Court ruled in McDonald v. Chicago (2010) that a citizen's right to keep and bear arms at home for self-defense is protected from state and federal infringement. Which of the following is most relevant to that decision? A Full faith and credit B Selective incorporation C Equal protection D Eminent domain
The Fourteenth Amendment
The United States Supreme Court has used which of the following to incorporate the Bill of Rights into state law? A The necessary and proper clause B The Fourteenth Amendment C The Judiciary Act of 1789 D The Civil Rights Act of 1964 E The Voting Rights Act of 1965
negotiate a plea bargain
The federal Constitution guarantees all of the following rights to a person arrested and charged with a serious crime EXCEPT the right to A remain silent B be represented by a lawyer C negotiate a plea bargain D demand a writ of habeas corpus E receive a speedy and public trial
Gideon v. Wainwright (1963)
Which of the following Supreme Court cases established that those accused of felonies who cannot afford legal counsel are entitled to legal counsel provided by the state? A United States v. Lopez (1995) B McDonald v. Chicago (2010) C Wisconsin v. Yoder (1972) D Gideon v. Wainwright (1963)
The Fourth Amendment protection against unreasonable search and seizure
Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws? A The First Amendment right to petition the government for a redress of grievances B The Fourth Amendment protection against unreasonable search and seizure C The Fifth Amendment protection against self-incrimination D The Eighth Amendment protection against cruel and unusual punishment E The Tenth Amendment right of states to powers not given to the national government
Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government
Which of the following best defines civil liberties? A The freedom to refuse to obey laws an individual considers to be immoral violations of civil rights B Provisions in the Bill of Rights that provide guarantees against arbitrary interference by government C Precedents pertaining to criminal procedure that are set by the Supreme Court that are upheld in the lower courts D Those features of the Fourteenth and Fifteenth Amendments to the Constitution that pertain to the actions of individuals and groups E Laws passed by Congress to define the powers and privileges of individuals
After arrest, a suspect is informed of the right to remain silent during interrogation.
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.
Due process clause
Which of the following constitutional clauses was most relevant to the right to privacy? A Commerce clause B Free exercise clause C Due process clause D Equal protection clause
The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.
Which of the following explains the constitutional reasoning in McDonald v. Chicago (2010) ? A The equal protection clause of the Fourteenth Amendment requires Congress to protect an individual's ability to keep and bear arms under the Second Amendment. B The Second Amendment is a collective right and not one intended for individual application. C The full faith and credit clause requires the state of Illinois to respect the laws of neighboring states concerning the right to keep and bear arms. D The Second Amendment right to keep and bear arms for the purpose of self-defense is applicable to the states through the Fourteenth Amendment.
Some rights are fundamental and should not be subject to majoritarian control.
Which of the following is a principle underlying the Bill of Rights? A The people should control all aspects of governance. B Some rights are fundamental and should not be subject to majoritarian control. C The legislature should be the most powerful branch of government. D All people should be guaranteed the same rights, whether they are citizens or not. E It is groups rather than individuals that have fundamental rights and immunities.
Due process
Which of the following principles protects a citizen from imprisonment without trial? A Representative government B Separation of powers C Due process D Checks and balances E Popular sovereignty
A person who is unable to afford an attorney is tried and convicted of a crime without legal representation.
Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court? A A witness is called to testify against a suspect accused of plotting a terrorist attack. B A police officer acts to stop a crime while it is being committed but does so without a warrant. C A person who is unable to afford an attorney is tried and convicted of a crime without legal representation. D A suspect is informed of the right to an attorney but confesses to a crime prior to receiving legal advice.
The right to privacy is not explicitly named in the Constitution
Which of the following statements is true regarding the right to privacy? A The right to privacy has not been the topic of Supreme Court cases. B The right to privacy is explicitly named in the Bill of Rights. C The right to privacy is not explicitly named in the Constitution. D The right to privacy has been acknowledged as a core American value.
Such segregation affected interstate commerce, and Congress therefore had the authority to outlaw it.
Which of the following was an argument used by the Supreme Court in upholding federal statutes outlawing segregation in public accommodations? A Such segregation affected interstate commerce, and Congress therefore had the authority to outlaw it. B Such segregation was wrong in principle, and Congress had moral authority to outlaw it even though the statutes lacked a strict constitutional basis C Such segregation violated the First Amendment's protection of the right to free assembly, and Congress therefore had the authority to outlaw it. D Such segregation violated the Tenth Amendment's reservation of power to state governments, and Congress therefore had the authority to outlaw it. E Since such segregation affected citizens of different states, it fell under the original jurisdiction of the federal courts and could therefore be outlawed by Congress.
Willie is incorrect, the 8th Amendment refers to cruelty in method, not that cruelty which is part of the actual suffering accompanying a lawful sentence of death. Therefore botched executions are completed.
Willie is a young man that has been convicted and sentenced to death by electrocution. When Willie is put on the electric chair, the chair malfunctions and does not kill him. The prison officials inform Willie that once the chair is fixed, he will be put back on it to "finish the job". Willie claims that is a violation of his Constitutional rights. A Willie is correct, it is cruel and unusual and a violation of his 8th Amendment rights. B Willie is incorrect, the 8th Amendment refers to cruelty in method, not that cruelty which is part of the actual suffering accompanying a lawful sentence of death. Therefore botched executions are completed. C Willie is incorrect, the government can kill a convicted person any way that they choose. D Willie is correct, it is double jeopardy to put him back on the chair.
