AP Gov Unit 3

"The Second Amendment . . . like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.' . . . "'Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. . . . 'You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 Which of the following best characterizes the debate regarding the Second Amendment according to the author of the passage?

The Second Amendment is viewed by some as an individual rights issue but by others as a states' rights issue.

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King The text in the passage likely inspired Congress to act based on which of the following clauses of the United States Constitution?

The equal protection clause of the Fourteenth Amendment

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following explains the most significant long-term consequence of the ideas expressed in the passage?

The value of "all men are created equal" was reaffirmed both in law and in American political culture.

"The Second Amendment . . . like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.' . . . "'Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. . . . 'You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 Which of the following is used as evidence to support the author's argument?

Historical records show that the Second Amendment was supposed to protect the right of individuals to own a gun, and not just for the purpose of supporting militias.

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, "We hold these truths to be self-evident, that all men are created equal." I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slave-owners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. Martin Luther King, Jr., "I Have a Dream" speech, August 28, 1963,© 1963 Dr. Martin Luther King, Jr., © renewed 1991 Coretta Scott King Which of the following legislative acts best relates to the passage?

The Civil Rights Act of 1964

Which of the following scenarios is an example of a constitutional application of affirmative action?

A federal contractor actively recruits qualified minorities and women for positions in the company.

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) ?

Both cases upheld the power of the federal government to ensure equal protection under the law.

Housing covenants are agreements in the deed of a property that restricts the owner from doing certain things with the property. Some covenants prevented owners from selling to individuals of a specific race or ethnic group. In the case Shelley v. Kraemer (1948), the Supreme Court struck down racially restrictive housing covenants under the equal protection clause of the Fourteenth Amendment. Which of the following cases is most similar to Shelley v. Kraemer (1948) ?

Brown v. Board of Education of Topeka (1954)

Which of the following cases addresses the issue of mandatory public school prayer?

Engel v. Vitale (1962)

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?

Engel v. Vitale (1962)

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether or not race can be considered in college admissions, Supreme Court Justice Lewis Powell wrote that " . . . Race or ethnic background may be deemed a 'plus' in a particular applicant's file, yet it does not insulate the individual from comparison with all other candidates for the available seats." Which of the following legal concepts is Justice Powell considering in his statement?

Equal protection clause

In Brown v. Board of Education of Topeka (1954), the Supreme Court reached the following conclusion: "[I]n the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the [protections of the Fourteenth Amendment]." What generally does the Fourteenth Amendment provide for?

Equal protection of the laws and due process

Which of the following is an example of affirmative action?

Harvard Medical School actively recruits highly qualified minorities and female applicants for its residency program.

In Wisconsin v. Yoder (1972) how did the Supreme Court's decision address state interests and individual rights?

It balanced the state's interest in compulsory education with the students' free exercise rights.

Which of the following states has the greatest protection for freedom of the press based on the information on the map?

New York (NY)

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) ?

Plessy established a precedent that was eventually overturned in the Brown case.

Which of the following cases involves a state law that prevents women who are pregnant from seeking abortions?

Roe v. Wade (1973)

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?

Selective incorporation

Which of the following statements is best supported by the information on the map?

Some states prioritize freedom of the press over criminal prosecutions.

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?

The First Amendment

The United States Supreme Court reviewed state-mandated racial segregation in public schools. The Court stated that the separate schools "involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other 'tangible' factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors [among the] schools involved in each of the cases. We must look instead to the effect of segregation itself on public education." Which of the following rules or clauses did the Supreme Court use to address the issue of racial segregation in public schools?

The Fourteenth Amendment's equal protection clause in Brown v. Board of Education of Topeka (1954)

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?

The Fourth Amendment

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?

The Sixth Amendment

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?

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.

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?

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"

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?

The due process clause of the Fourteenth Amendment

In Brown v. Board of Education of Topeka (1954), the Supreme Court struck down racial segregation in public schools, finding that "separate educational facilities are inherently unequal." What constitutional clause did the Court rely most heavily on to reach this decision?

The equal protection clause

Under Roe v. Wade (1973), as originally decided, when may the state largely prohibit women from having abortions?

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.

Which of the following parts of the United States Constitution is incorporated to the states based on the ruling in McDonald v. Chicago (2010) ?

[T]he right of the people to keep and bear Arms, shall not be infringed."

"The Second Amendment . . . like other cherished texts, is not as clear as many make it out to be. The amendment reads: 'A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.' . . . "'Americans have been thinking about the Second Amendment as an individual right for generations,' said Adam Winkler, a law professor at UCLA. . . . 'You can find state supreme courts in the mid-1800s where judges say the Second Amendment protects an individual right.' But for the 70 years or so before a Supreme Court decision in 2008, he said, 'the Supreme Court and federal courts held that it only applied in the context of militias, the right of states to protect themselves from federal interference.' "In 2008, the Supreme Court decided the District of Columbia v. Heller. . . . The conservative justice Antonin Scalia wrote the opinion in narrow but unprecedented terms: for the first time in the country's history, the Supreme Court explicitly affirmed an individual's right to keep a weapon at home for self-defense. . . . "'People look at the same record and come to wildly different conclusions about what the view was in the eighteenth century, in the nineteenth century,' said Nicholas Johnson, a Fordham University law professor who argues against Winkler's view of twentieth-century case law. . . . Carl Bogus, a law professor at Roger Williams University, has argued that James Madison wrote the Second Amendment in part to reassure his home state of Virginia. . . . The federalist Madison's compromise . . . was to promise a bill of rights. After weeks of tense debate, his federalists narrowly won the vote to ratify the Constitution. 'He writes an amendment that gives the states the right to have an armed militia, by the people arming themselves.' "A year later, the federal government passed a law requiring every man eligible for his local militia to acquire a gun and register with authorities." Alan Yuhas, "The Right to Bear Arms: What Does the Second Amendment Really Mean?," The Guardian, October 5, 2017 The author cites the case District of Columbia v. Heller (2008) in order to

illustrate that the Supreme Court's interpretation of the Second Amendment has recently changed