APGoPo Judiciary and Unit 3: Civil Liberties and Civil Rights
(Cartoon) 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) New York Times Co. v. United States (1971)
(Cartoon) 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) The fallen pillars
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) Due process clause
(Cartoon) 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) Nixon Administration Goes to Court to Stop Pentagon Papers Release
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 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) The Civil Rights Act of 1964
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) Brown v. Board of Education of Topeka (1954)
In which of the following ways could the president try to limit the impact of a Supreme Court decisions? a) Calling for the removal of the Supreme Court justices b) Instructing the Department of Justice to not enforce a provision of the decision c) Passing legislation that overrides the Court's opinion d) Changing the jurisdiction of the Supreme Court
b) Instructing the Department of Justice to not enforce a provision of the decision
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) Roe v. Wade (1973)
"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 this quote? a) Marbury v. Madison (1803) b) McCulloch v. Maryland (1819) c) McDonald v. Chicago (2010) d) United States v. Lopez (1995)
a) Marbury v. Madison (1803)
(Chart) The data illustrate that most conservatives believe that the United States Constitution a) is a living document and the Supreme Court should consider public opinion and contemporary values when interpreting constitutional provisions b) outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges c) establishes a shared set of political values flexible enough to empower the Supreme Court to apply its own personal judgment to their interpretation d) gives judges the power to overrule the other two branches of government in times when those other branches fail to be responsive to changing public opinion on issues
b) outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 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) was added to the Constitution to ensure that militias would have arms
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) A citizen calls a member of Congress to persuade her to vote yes on a bill.
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) A person wears a necklace bearing a Christian cross to work.
Which of the following illustrates a situation that would not be protected by the First Amendment due to time, place, and manner restrictions? a) A student is expelled from school for wearing a black T-shirt expressing opposition to a law recently passed by the state legislature. b) An organization regarded as a hate group is not able to obtain a permit to march through a major city because of its message. c) Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour. d) An independent political advocacy organization is prevented by the Federal Communications Commission (FCC) from running political advertisements on television.
c) Antibusiness protestors are arrested and prosecuted for shutting down major intersections in New York City's Times Square during rush hour.
Which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment? a) A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change. b) A group with offensive signs is denied a permit to march through the streets because local residents and businesses oppose the group's message. c) A person is arrested after making a threat to police officers who are investigating a crime scene. d) A newspaper publishes an article that publicly defames the reputation of a private individual.
a) A city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise public awareness of climate change.
Which of the following rulings is most likely to cite the Supreme Court's decision in Tinker v. Des Moines Independent Community School District (1969) as a legal precedent in support of the decision? a) A ruling in favor of students to print their opinions in a school newspaper b) A ruling against a public school's practice of having prayer at school assemblies c) A ruling supporting the creation of gun-free zones in public schools d) A ruling enforcing mandatory vaccinations for all children before attending school
a) A ruling in favor of students to print their opinions in a school newspaper
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 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) At the time the Constitution was written, laws in the states required able-bodied individuals to serve in militias.
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) Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions.
Which of the following did the Supreme Court establish in Marbury v. Madison ? a) The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution. b) Each state has the right to set up and run its own court system. c) All the powers that are not explicitly given by the Constitution to Congress belong to the states. d) Any president who commits treason, bribery, or other high crimes and misdemeanors can be impeached. e) The Constitution can only be amended by a two-thirds vote of the members of the House of Representatives.
a) The Supreme Court can declare a federal legislation invalid if the legislation violates the Constitution.
(Chart) Which of the following factors most likely led to shifts in the 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 ideological composition of the justices on the Supreme Court shifted to become less liberal over time.
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) The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority.
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) When an individual claims that a right protected by the Bill of Rights ins infringed upon by a state
Supreme Court Justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that a) justices are free from direct political pressures b) justices remain accountable to the public c) justices are encouraged to make politically popular decisions d) cooperation between the judicial and legislative branches is assured e) Presidents are encouraged to seek younger nominees for the Supreme Court
a) justices are free from direct political pressures
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) A student wears a black armband at school to protest government involved in a war.
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) Article III
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) Both cases ruled against the school district based on the equal protection clause.
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) 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.
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) Marbury v Madison (1803)
A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that a) justices are expected to act like politicians in their decision-making b) Presidents seek to place individuals on the Court whose policy views are similar to their own c) the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process d) appointment to the Supreme Court is a reward for political party loyalty e) the Court is expected to defer to the political branches in making its decisions
b) Presidents seek to place individuals on the Court whose policy views are similar to their own
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
b) Selective incorporation
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) Stare decisis
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.
b) 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
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) The Fifth and Sixth Amendments
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) The exclusionary rule, derived from the Fourteenth Amendment, prevents the evidence from being used against the suspect.
(Chart) Based on the data in this 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) The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996.
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) 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.
(Chart) 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) Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress
(Chart) 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) Cases arising at both the state and federal level may be appealed to the United States Supreme Court
The president privately discusses with his staff a decision to increase economic sanctions on Iran. Before a final decision is made, a draft of the proposal is leaked to a reporter. The president orders the reporter and her newspaper to suspend publication of the plan, citing issues of national and economic security. Which of the following best indicates how a court would rule in this case if the Supreme Court's ruling in New York Times Co. v. United States (1971) was used as a precedent? a) The president has the authority to stop the publication of the story because the administration has asserted that the information in the story threatens national security. b) Although the documents have already been obtained by the press, a court must review the documents prior to publication to ensure that no information that threatens national security is made public. c) Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press. d) Because the president's staff leaked the documents and the newspaper obtained them in a legal manner, they may be published without prior restraint.
c) Freedom of the press includes a heavy presumption against government censorship, and the documents can be published by the press.
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 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) Increased awareness of citizen inequalities that need to be addressed
Which of the following best explains the principle of stare decisis? a) It requires that at least four Supreme Court justices agree to hear a case. b) It encourages presidents to take judicial experience into account when nominating judges. c) It encourages judges to follow precedent when deciding cases. d) It reinforces the philosophy of judicial activism. e) It increases the number of cases judges are required to hear.
c) It encourages judges to follow precedent when deciding cases.
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) It ruled that a women's right to an abortion was a privacy right incorporated to all of the states.
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) Nominate a federal judge who shares the president's ideology
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) Pass a new law that specifies that the airlines most provide access for people with disabilities
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) 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.
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 heavy presumption against prior restraint
(Chart) 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) The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings in what the Constitution means in current times.
At a public high school, several students raised a banner and wore clothing in support of a candidate running in the upcoming presidential election during lunch period. The principal asked the students to put away the banner, citing safety concerns. Which of the following Supreme Court cases is most relevant to this scenario? a) Wisconsin v. Yoder (1972) b) Brown v. Board of Education of Topeka (1954) c) Tinker v. Des Moines Independent Community School District (1969) d) Citizens United v. Federal Election Commission (2010)
c) Tinker v. Des Moines Independent Community School District (1969)
The difference between an appellate court and a district court is that an appellate court a) conducts trials by jury b) as original jurisdiction c) reviews previous court decisions d) hears civil cases but not criminal cases e) does not follow the principle of stare decisis
c) reviews previous court decisions
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) Both cases struck down local ordinances that prescribed segregation.
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) Congress could enact legislation to amend Title VII of the Civil Rights Act.
President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963 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) Equal protection
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)
d) Gideon v. Wainwright (1963)
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) Marbury v. Madison (1803)
Saul Cornell, A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America, Oxford University Press, 2006 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) McDonald v. Chicago (2010)
A group unhappy with local law enforcement distributes a memo to members encouraging physical confrontations with police officers. The leaders of the group are promptly arrested. Which of the following Supreme Court cases best justifies the actions taken by law enforcement in this scenario? a) Tinker v. Des Moines Independent Community School District (1969) b) Engel v. Vitale (1962) c) New York Times v. United States (1971) d) Schenck v. United States (1919)
d) Schenck v. United States (1919)
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) 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.
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) The Supreme Court is free to choose the cases it hears with only a few limitations.
A public school district implemented a policy that allowed students to vote on whether they wanted a student-led prayer to be read at football games. This policy was later found to be unconstitutional by the United States Supreme Court. Which of the following clauses did the policy most likely violate? a) The interstate commerce clause b) The free exercise clause c) The supremacy clause d) The establishment clause
d) The establishment clause
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) To serve as the highest court of appeals
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) Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.
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) Wisconsin v. Yoder (1972)
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) Wisconsin v. Yoder (1972)
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) it must depend on the executive for enforcement of its decisions
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) refusing to actively enforce the decision
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) reliance on legal precedent
