Khan Academy Chapter 8

Which of the following scenarios would most likely be considered a violation of the Second Amendment?

A state bans the sale and purchase of handguns

Which of the following scenarios would most likely be considered a violation of the Fourth Amendment?

A suspect's property is searched before a warrant is issued

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

Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?

A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law

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

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

A public school district bans students from wearing t-shirts supporting presidential candidates before an election

Which of the following amendment protects citizens from cruel and unusual punishments?

The Eighth Amendment

Which of the following amendments is most relevant to the topic of the cartoon?

The Fourth Amendment

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

Based on previous rulings, the Supreme Court is most likely to view a case concerning which of the following as a symbolic speech case?

A man who was arrested for waving a Nazi flag at a rally

Prior restraint is best defined as which of the following?

Government censorship that blocks free speech or publication

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 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 Supreme Court cases is most relevant to the topic of the cartoon?

Schenck v. United States (1919)

Which of the following amendments protects citizens from unreasonable searches and seizures?

The Fourth Amendment

In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home. Which of the following amendments was the focus of the Court's ruling?

The Second Amendment

When the Bill of Rights was ratified in 1789, the amendments protected civil liberties infringement from which levels of government?

The federal government only

Which of the following civil liberties is protected under the Second Amendment?

The right to own guns

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 statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?

In cases involving interpretations of the Second Amendment, the Court has shown a commitment to an individual's right to own a gun

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

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 Supreme Court cases is most relevant to the topic of the cartoon?

McDonald v. Chicago (2010)

Which of the following scenarios is an example of how a state can restrict protected speech under the First Amendment?

New York passes a law banning groups from staging protests in major highways during rush hour traffic

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)?

Reporting on a protest calling for the end of military involvement in South Korea

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment protects a person's right to own a gun from government infringement

Which of the following best describes the message of the GIF above?

The Supreme Court's recent interpretations of the Second Amendment reflect a commitment to individual liberty

Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment?

The federal government passes a law banning the sale of automatic weapons to anyone under the age of twenty-one

"[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, 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

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

A man is charged with a crime for displaying an American flag with a taped peace symbol on it

Which of the following scenarios would most likely be considered a violation of the Eighth Amendment?

A minor is sentenced to the death penalty

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

Which of the following scenarios represents a violation of one of the civil liberties protected by the Bill of Rights?

A state compels Amish students to attend school past the eighth grade

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 constitutional principles cited in Engel v. Vitale (1962) and Wisconsin v. Yoder (1972)? Engel v. Vitale-Wisconsin v. Yoder 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

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 of the following is an accurate comparison of the two court cases? Schenck v. United States (1919)-Tinker v. Des Moines (1969) A Ruled that the federal government had violated the due process clause of the Fifth Amendment-Ruled that the state had violated the freedom of speech clause of the First Amendment B Applied the First Amendment to the states-Decided that the Supreme Court can declare a law unconstitutional C Declared that the federal government can restrict certain types of speech if the words create a "clear and present danger"-Declared that wearing a black armband to protest the Vietnam War was a form of symbolic speech D Led to an increase in power for the national government to restrict freedom of speech-Led to an increase in state power to restrict freedom of speech

Comparison C

Which of the following is an accurate comparison of the two court cases? Schenck v. United States (1919)-Tinker v. Des Moines (1969) A Political spending is a form of protected speech-The right of privacy extends to a woman's decision to have an abortion B Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime-School sponsorship of religious activities violates the establishment clause C The US government cannot block the publication of secret government documents-Compelling Amish students to attend school past the eighth grade violates the free exercise clause D Speech creating a "clear and present danger" is not protected by the First Amendment-Public school students have the right to wear black armbands to protest the Vietnam War

Comparison D

"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

In 1984, Gregory Lee Johnson burned an American flag in front of the Dallas City Hall in protest to Reagan administration policies. He was tried and convicted under a Texas law that prohibited people from desecrating a respected object. The case eventually went to the Supreme Court, which ruled in a 5-4 decision that Johnson had not violated the Constitution. Which of the following constitutional provisions does the case described in the scenario have in common with Tinker v. Des Moines (1969)?

Freedom of speech clause

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.

Freedom of the press

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

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 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 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

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) People who disagree with Stevens's view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010)

"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)

"The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." Justice Oliver Wendell Holmes Jr. Supporters of Justice Holmes's argument could point to which of the following cases?

Schenck v. United States (1919)

"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, 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

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Based on the text, which of the following amendments was the focus of the Court's ruling in Ford v. Wainwright (1986)?

The Eighth Amendment

Which of the following scenarios is an example of how the federal government can restrict protected speech under the First Amendment?

The Federal Communications Commission (FCC) makes a rule requiring television networks to use an automated beep when a vulgar word is said on broadcast television

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense. Which of the following is a reason for this?

The Fourteenth Amendment applies the Second Amendment to the states

In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?

The Fourth Amendment

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden?

The Fourth Amendment in the Bill of Rights

"The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature's authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution." Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment does not protect a person's right to have a weapon for self-defense

In Supreme Court cases that consider the balance of power between the government's protection of the public and ensuring the rights of individuals as related to the Second Amendment, how has the Court usually ruled?

The Supreme Court has usually made decisions that uphold the right of an individual to own a gun

After the terrorist attack on September 11th, the United States issued the USA PATRIOT Act, giving federal agencies the power to conduct surveillance and perform searches. Which of the following best describes the message in the political cartoon?

The USA PATRIOT Act has given the government too much power to perform searches, which should be unconstitutional under the Fourth Amendment

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 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

"Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don't make us safer. "The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals." -Cecilia Kang, "Ron Wyden Discusses Encryption, Data Privacy and Security," New York Times, October 9, 2016 Based on the text, which of the following statements would Senator Wyden most likely agree with?

The need for public safety should not exceed an individual's protection from unreasonable search and seizure

"It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life." -Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986) Which of the following statements is most consistent with the author's argument in this passage?

There are limits on who can be given a death penalty sentence

"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

"The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students." -Justice Abe Fortas Which of the following Supreme Court cases is most relevant to the topic of the passage?

Tinker v. Des Moines (1969)

"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)