AP Gov't 8-
Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as an establishment clause case?
A courthouse prominently displays the Ten Commandments
The establishment clause is best defined as which of the following?
A provision of the First Amendment which prohibits the federal government from making an official American religion
Based on previous rulings, the Supreme Court is likely to view which of the following as a free exercise clause case?
A public school prevents Muslim students from wearing headscarves
Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?
Broadcasting a televised report that analyzes classified information about government surveillance of other countries
Which of the following is an accurate comparison of civil liberties and civil rights? Civil liberties/ Civil Rights A: Right to a fair court trial/ Freedom from racial discrimination B: Freedom of religion/ Freedom of assembly C: Freedom from gender discrimination/ Freedom from unreasonable search and seizure D: Right to vote/ Right to privacy
Comparison A
Which of the following is an accurate comparison of the two cases? New York Times Co. v. United States (1971)Schenck v. United States (1919) A Bolstered the freedom of the press/Ruled that speech creating a "clear and present danger" is not protected B Ruled that political spending by corporations, associations, and labor unions is a form of protected speech /Established a "heavy presumption against prior restraint" even in cases involving national security C Led to the development of the "one person, one vote" doctrine/Guaranteed the right to an attorney for the poor or indigent D Ruled that public school students can engage in symbolic protest/ Applied the Second Amendment to the states
Comparison A
Which of the following is an accurate comparison of the two court cases? Gideon v. Wainwright (1963) / McDonald v. Chicago (2010) A: Incorporated a right to legal counsel / Incorporated the right to bear arms for self-defense B: Decided that the state had to provide legal counsel for the poor or indigent / Decided that states had the right to ban handguns for public safety C: Ruled that national laws were supreme to state laws / Enhanced the power of the state government to regulate background checks for weapons D: Declared that the state had violated the Fifth Amendment / Declared that the state had violated the Second Amendment
Comparison A
Which of the following is an accurate comparison of the constitutional principles cited in Engel v. Vitale (1962) / Wisconsin v. Yoder (1972)? A: Speech creating a "clear and present danger" is not protected by the First Amendment / Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime B: Symbolic speech is protected under the First Amendment/ The US Constitution and federal laws are supreme over state laws C: School sponsorship of religious activities violates the establishment clause/ Compelling Amish students to attend school past the eighth grade violates the free exercise clause D: The First Amendment safeguards the freedom of the press to publish classified materials / The right to privacy extends to a woman's decision to have an abortion
Comparison C
"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State." Thomas Jefferson, letter to the Danbury Baptist Association, 1802 Supporters of Jefferson's view that the legislature should "make no law respecting an establishment of religion" could point to which of the following cases?
Engel v. Vitale
Which of the following best defines civil liberties?
Freedoms that protect citizens, opinions, and property against government abuse of power
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions. . . . We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Based on the text, which of the following statements would the author most likely agree with?
Individual liberties must be secured against governmental intrusions by specific language in foundational documents
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following statements best explains the impact of this decision?
It applied the Fourth Amendment to the states through the incorporation doctrine
Which statement accurately summarizes the impact of the McDonald v. Chicago (2010) decision?
It incorporated an individual's right to bear arms for self-defense and made it apply to state and local governments
Which of the following statements best explains how the ruling in Wisconsin v. Yoder (1972) changed the balance of power between governments and protection for individual liberties?
It limited the power of state governments by declaring a state law requiring Amish children to attend school until they were 16 as a violation of the First Amendment
Which of the following statements best explains how the Court's ruling in Engel v. Vitale (1962) changed the balance between governmental power and individual liberty?
It limited the power of state governments by striking down a school policy that required the reading of a prayer at the start of the school day
Which of the following statements best explains how the Court's ruling in New York Times Co. v. United States (1971) changed the balance of power between law and order and the protection of individual liberties?
It restricted the power of the federal government to prevent the press from releasing classified information
Which statement accurately summarizes the impact of the Engel v. Vitale (1962) decision?
It upheld the separation of church and state and clarified the limitations of state governments under the establishment clause
Which of the following describes a reason why the Framers decided to include a Bill of Rights?
It was specifically designed to protect individual liberties and rights from a strong central government
"The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense." Associate Justice Scalia, majority opinion in D.C. vs Heller (2008), source: Justia(Opens in a new window) In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C. In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?
McDonald v. Chicago
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Supporters of Black's view that "only a free and unrestrained press can effectively expose deception in government" could point to which of the following cases?
New York Times Co. v. United States (1971)
Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)? Choose 1 answer:
Reporting on a protest calling for the end of military involvement in South Korea
"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison(Opens in a new window), 20 December 1787 Based on the text, which of the following statements would the author most likely agree with?
The Bill of Rights places necessary restrictions on the federal government's power
Which of the following best describes the message in the political cartoon?
The Supreme Court has been able to prevent state government infringement of basic liberties protected under the Bill of Rights by applying the Fourteenth Amendment
Selective incorporation is best defined as which of the following? Choose 1 answer:
The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government
When the Bill of Rights was ratified in 1789, the amendments protected civil liberties infringement from which levels of government?
The federal government only
In 2006, the Supreme Court heard a case about a state banning a substance used during religious ceremonies. The state banned the substance because it contained a drug prohibited by the Controlled Substances Act. But the religious organization, O Centro Espirita Beneficiente Uniao de Vegetal (UDV) said the government was interfering with religious practices by banning the use of the substance. The Supreme Court agreed and ruled that the government did not prove a compelling interest in regulating the UDV's use of drugs for religious ceremonies. Which of the following constitutional clauses does this case have in common with Wisconsin v. Yoder (1972)?
The free exercise clause
The free exercise clause is best defined as which of the following?
A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion
Which of the following is an accurate comparison of the two cases? New York Times Co. v. United States (1971)Schenck v. United States (1919) A Declared an action by the president unconstitutional/Declared an act of Congress unconstitutional B Led to an increase in power for the national government/Protected an individual's right to freedom of speech C Established a "heavy presumption against prior restraint" even in cases involving national security/Ruled that speech creating a "clear and present danger" is not constitutionally protected D Protected freedom of the press against infringements by state and local governments/Protected freedom of speech against infringement by state and local governments
Comparison C
Which statement accurately summarizes the impact of the Wisconsin v. Yoder (1972) decision?
It emphasized the right of parents to control the religious upbringing of their children without state infringement
Which of the following Supreme Court cases is most relevant to the topic of the cartoon?
McDonald v. Chicago (2010)
In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)?
The establishment clause
"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Based on the text, which of the following statements would the author most likely agree with?
There should be a "heavy presumption against prior restraint" of freedom of speech
"[I]t has already been incontrovertibly shown that on the present occasion a bill of rights was totally unnecessary, and that it might be accompanied with some inconveniency and danger if there was any defect in the attempt to enumerate the privileges of the people. This system proposes a union of thirteen sovereign and independent states in order to give dignity and energy to the transaction of their common concerns. It would be idle, therefore to countenance the idea that any other powers were delegated to the general government than those specified in the Constitution itself." Justice Thomas McKean at the Pennsylvania State Convention to ratify the Constitution, edited by John Back McMaster and Frederick D. Stone, 1788 Which of the following best summarizes the author's argument?
A Bill of Rights would potentially give the federal government more power than is explicitly stated in the Constitution
"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison(Opens in a new window), 20 December 1787 "There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison(Opens in a new window), 20 December 1787 Which of the following statements best summarizes Jefferson's argument?
A bill of rights is necessary to protect civil liberties from infringement from the federal government
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Which of the following statements best summarizes the author's argument?
A bill of rights would protect civil liberties such as freedom of religion
Which of the following scenarios would be an example of a violation of one of the civil liberties protected by the Bill of Rights?
A federal court refuses to provide a lawyer for a defendant who cannot afford one
In 1976, a Nebraska state trial judge issued a gag order, restricting the press from publishing or broadcasting information about the case. The Nebraska Press Association appealed the ruling and the case went to the Supreme Court. The Court ruled that the press reporting events surrounding the trial would not affect the defendant's right to a fair trial. Which of the following constitutional protections or clauses does this case have in common with New York Times Co. v. United States (1971)?
Freedom of the press
Prior restraint is best defined as which of the following?
Government censorship that blocks free speech or publication
In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following statements best explains the impact of this decision?
It applied the Sixth Amendment to the states through the incorporation doctrine
Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?
It limited the federal government's power to censor free speech or the publication of classified information
"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia(Opens in a new window) Justice Cardozo argues here that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment. Which clause is used to support Cardozo's argument?
The due process clause
In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?
The due process clause
In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?
The due process clause
Based on previous court rulings, which of the following scenarios would most likely violate the freedom of the press clause of the First Amendment?
The government prevents a radio talk show host from reporting on leaked information about surveillance of American allies
Which of the following statements accurately summarizes the decision in New York Times Co. v. United States (1971)?
The government violated the First Amendment and could not stop the newspaper from publishing its article
"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia(Opens in a new window) Based on the text, which of the following statements would the author most likely agree with?
The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is "implicit in the concept of ordered liberty"
"In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion." Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787 Supporters of Adams's view that a bill of rights is necessary to protect individual liberties could point to which of the following cases?
Wisconsin v. Yoder (1972)
