GOPO Harvard Law Unit 2.8

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective

right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed

to meet their legal obligation to participate in a well-regulated militia. Nothing better captured ... y-style assault weapons."

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

Just beyond the horizon of current events lie two possible political futures—both bleak, neither democratic. The first is a

retribaliza ... oming reluctantly

together at the very same moment.

Benjamin Barber, "Jihad vs. McWorld," 1992

2. Since 1992, how has concern over the increasingly dangerous world described in the passage most affected American political debates?

(A) It has led to a decline in the power of states to enforce their own state laws.

(B) Congress has increased its role in foreign policy, especially when it comes to combat operations.

(C) There has been a decline in support for the free enterprise system due to the increased number of trade

agreements.

(D) The federal government has increased its surveillance powers, leading to a debate about the balance

between civil liberties and security.

D

Map ...

Which of the following constitutional amendments is most related to the issue shown on the map?

(A) Second Amendment

(B) Eighth Amendment

(C) Sixteenth Amendment

(D) Twenty-Sixth Amendment

B

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

In McDonald v. Chicago (2010), the United States Supreme Court held that the Constitution protects the right to keep and bear arms for the purpose of self-defense and that the Second Amendment applied to the states through

which of the following constitutional clauses?

(A) The due process clause of the Fifth Amendment

(B) The due process clause of the Fourteenth Amendment

(C) The equal protection clause of the Fifth Amendment

(D) The equal protection clause of the Fourteenth Amendment

B

During an investigation, police officers find illegal drugs while searching a home for which they did not acquire a warrant. Which of the following would prevent the drugs from being used as evidence at trial?

(A) The writ of habeas corpus

(B) The exclusionary rule

(C) The Miranda warning

(D) The protection against ex post facto

B

Which of the following best illustrates the protection of an individual's Fifth Amendment rights?

(A) An appeals court rules that a lower court imposed excessive punishment on an individual who broke a

law.

(B) A judge blocks an attempt by law enforcement to search a home without probable cause.

(C) After arrest, a suspect is informed of the right to remain silent during interrogation.

(D) During a time of war, soldiers are not quartered in a person's home without the consent of the owner.

C

Which of the following scenarios would be considered a violation of the rights of someone accused of a crime, according to the Supreme Court?

(A) A witness is called to testify against a suspect accused of plotting a terrorist attack.

(B) A police officer acts to stop a crime while it is being committed but does so without a warrant.

(C) A person who is unable to afford an attorney is tried and convicted of a crime without legal

representation.

(D) A suspect is informed of the right to an attorney but confesses to a crime prior to receiving legal advice.

C

Which of the following constitutional clauses was most relevant to the right to privacy?

(A) Commerce clause

(B) Free exercise clause

(C) Due process clause

(D) Equal protection clause

C

Which of the following statements is true regarding the right to privacy?

(A) The right to privacy has not been the topic of Supreme Court cases.

(B) The right to privacy is explicitly named in the Bill of Rights.

(C) The right to privacy is not explicitly named in the Constitution.

(D) The right to privacy has been acknowledged as a core American value.

C

"If we resort to violence then one of two things will happen: either the violence will be escalated and there will be many

injuries an ... ng is a similarity between the views expressed in the excerpt and Dr. Martin Luther King, Jr.'s "Letter from Birmingham Jail"?

(A) Unlike César Chávez, Dr. Martin Luther King, Jr. supported the use of violence after all other means

had been exhausted.

(B) Unlike Dr. Martin Luther King, Jr., César Chávez supported the use of violence as a means to start the

movement.

(C) Both César Chávez and Dr. Martin Luther King, Jr. argued for the continued use of nonviolence to

further their causes.

(D) Both César Chávez and Dr. Martin Luther King, Jr. argued for the use of nonviolence after standards of

equality had been met.

C

Which of the following scenarios best explains how the equal protection clause of the Fourteenth Amendment has influenced political behavior?

(A) Grassroots libertarian advocacy organizations have advocated in favor of less economic regulation of the

marketplace.

(B) The Supreme Court has ruled that Fifth Amendment prohibition on double jeopardy was made

applicable to the states.

(C) Civil Rights leaders such as Martin Luther King, Jr., cited constitutional arguments as a basis for

opposing segregation and inequality.

(D) President Franklin D. Roosevelt's State of the Union address urged Congress to pass legislation that

would ensure greater economic security for the American people.

C

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race

or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would

wish his c ... a partisan issue. In a

time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics.

President John F. Kennedy, Report to the American People on Civil Rights, June 11, 1963

18. 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 policymaking

C

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 issues identified in the passage reflect a failure to uphold which of the following constitutional clauses?

(A) Necessary and Proper clause

(B) Due Process clause

(C) Reserved powers clause

(D) Equal protection clause

D

"We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator

with certain inalienable rights; that among these are life, liberty, and the pursuit of happ ... married, in the eye of the law, civilly dead.

"He has taken from her all right in property, even to the wages she earns."

Elizabeth Cady Stanton, Seneca Falls Convention, 1848

21. Which of the following best captures a portion of the author's argument?

(A) Women elected officials have not done enough to pass laws promoting women's rights.

(B) Men and women are legally equal, but women are morally superior to men.

(C) The government has made women subservient by denying them the right to vote.

(D) Women have faced too much suffrage due to the actions of the government.

C

The Fourteenth Amendment's equal protection clause declares that "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." In which of the following scenarios is this clause most likely to be

used by the Supreme Court in its decision?

(A) A state law levies a tax on a bank established by the federal government.

(B) Congress uses the commerce clause to establish a gun-free school zone.

(C) A media company is prevented from publishing a classified document.

(D) A local school district mandates racially segregated schools.

D

Which of the following is most likely responsible for the increase in the number of southern African American state legislators between 1960 and 1992 as shown in the graph?

(A) The Civil Rights Act of 1964

(B) Brown v. Board of Education of Topeka (1954)

(C) The Voting Rights Act of 1965

(D) The Nineteenth Amendment

C

Which of the following statements presents the most important limitation of the data in the graph?

(A) The time frame for the data is misleading.

(B) There is no information about the total number of state legislators.

(C) There are insufficient data points to detect a trend.

(D) The trend over time is potentially misleading and would be easier to read in a pie chart.

B

In Brown v. Board of Education of Topeka (1954), the Supreme Court stated that the plaintiffs "seek the aid of the

courts in obtaining admission to the public schools of their community on a non-segregated basis. In each instance,

they had been denied admission to schools attended by white children under laws requiring or permitting

segregation according to race." The Supreme Court ruled "separate educational facilities are inherently unequal."

Which of the following provisions of the United States Constitution did the Supreme Court use to strike down racial

segregation in state public schools?

(A) The due process clause of the Fifth Amendment

(B) The due process clause of the Fourteenth Amendment

(C) The equal protection clause of the Fifth Amendment

(D) The equal protection clause of the Fourteenth Amendment

D

Which of the following scenarios best explains the inclusion of Title IX as part of the Education Amendments of

1972 ?

(A) Members of Congress added the amendment to the bill in response to social movements seeking to

address inequality in education for women.

(B) Paid lobbyists added the amendment on behalf of teachers unions in order to increase pay and tenure for

public school teachers.

(C) President Lyndon Johnson used the power of the bully pulpit to pressure members of Congress to pass a

bill that would legally desegregate schools.

(D) The Department of Justice added the amendment in order to provide legal guidance to states to enforce

the Equal Rights Amendment.

A

The Supreme Court addressed policies related to government hiring practices and race in City of Richmond v. J. A.

Croson C ... business, reasoning that racial quotas were not protected by the Fourteenth Amendment and

were an impermissible requirement for employment Which of the following issues was the primary concern in City

of Richmond v. J. A. Croson Company?

(A) Policies supporting popular sovereignty at all levels of government, including state and local

governments.

(B) Affirmative action policies intended to address workplace and educational disparities.

(C) Limited government policies, which restrict the involvement of local governments in the creation of

regulations for government contracts.

(D) Free enterprise policies that require the intervention of government to ensure that all economic practices

are fair.

B

Writing for the court in Regents of the University of California v. Bakke (1978), a case weighing whether race can

be c ... clearly is a constitutionally permissible goal for an institution of higher education. . . . The freedom of a

university to make its own judgments as to education includes the selection of its student body."

According to the quote, what was the likely effect of the Court's ruling in the Bakke case?

(A) Colleges could have considered race but could not use strict racial quotas in admission practices.

(B) Affirmative action practices could include racial quotas in college admission decisions.

(C) As a result of the Bakke decision, colleges and universities stopped considering race as a factor in

admissions.

(D) The Bakke decision affected the admissions practices only at private colleges, not at public universities.

A

A group of parents who have religious objections to immunizations file a lawsuit against a new state law that

requires vaccinations for all children who are enrolled in public schools. Which of the following cases could

they use as precedent as part of their lawsuit?

a. Baker v. Carr

(1961)

b. Engel v. Vitale

(1962)

c. Wisconsin v. Yoder

(1972)

d. Tinker v. Des Moines Independent Community School District

(1969)

C

Which of the following pairs is correct in regards to the expansion of civil rights? (Table format)

Key:

1 - Congressional Action

2- Supreme Court Action

a.

1- The Voting Rights Act, 1965

2- Brown v. Board of Education (1954)

b.

1- Title IX of the Educational Amendments Act, 1972

2- Plessy v. Ferguson (1896)

c.

1- Freedom Restoration Act, 1993

2- Reed v. Reed (1971)

d.

1- Civil Rights Act, 1964

2- Texas v. Johnson (1989)

A

Which of the following is the best definition of civil liberties?

a. Policies designed to ensure equitable and fair treatment of minority groups in America

b. Protections of citizens, opinions, and property against arbitrary government interference

c. Protections against discrimination based on race or other characteristics

d. Policies designed to ensure that all citizens have the right to vote and participate in politics

B

Several students wear armbands with #MeToo stitched on them to protest sexual violence against women.

Although they create no disruptions in classes, they are suspended by their principal because he argues that

the armbands violate the dress code. According to

Tinker v.

Des Moines Independent Community School

District

(1969), which of the following is the most likely outcome when the suspended students sue the

school?

a. The court will rule in favor of the school because some parents complained that the students' message was too political.

b. The court will rule in favor of the students because the establishment of a dress code was unconstitutional.

c. The court will rule in favor of the school because schools are allowed to create dress codes.

d. The court will rule in the students favor because symbolic speech is protected by the Constitution.

D

Long Stimulus ...

Which of the following statements is best supported by the passage?

a. A majority of states have outlawed the use of affirmative action.

b. Most Americans are opposed to the use of affirmative action.

c. Affirmative action has negative effects on college campuses.

d. Psychologists oppose the use of affirmative action.

B

Long Stimulus ...

The debate about affirmative action is controversial because

a. it has reduced the overall admission rate for white college applicants.

b. it has eliminated the wealth gap between whites and minorities.

c. it has allowed minorities to outnumber whites in college admissions.

d. many Americans believe that the Constitution should be color blind.

D

Long Stimulus ...

Which of the following scenarios would be a result of the "separate but equal" doctrine?

a. African Americans are admitted to any university they apply to, based on their merits.

b. Women are allowed into frontline combat units.

c. Mexican Americans are not allowed to use the same entrances at movie theaters.

d. Same-sex couples are not allowed to marry.

C

Horizontal Bar Graph ...

Which of the following statements is based true on the graph?

a. After the passage of the Voting Rights Act of 1965, whites in Georgia had the highest

voter registration.

b. Before the passage of the Voting Rights Act of 1965, Mississippi had the lowest

percentage of African Americans registered to vote.

c. After the passage of the Voting Rights Act of 1965, both African Americans and whites

saw a decrease in voter registration.

d. The passage of the Voting Rights Act of 1965 did not have a significant impact on voter

registration in the South.

C

Horizontal Bar Graph ...

The Voting Rights Act of 1965 was passed in response to

a. executive orders that expanded voting rights for minorities.

b. Supreme Court decisions that allowed Congress to create voting policy.

c. changes in attitudes on the part of state legislatures in the South.

d. pressure from groups like the National Association for the Advancement of Colored People and the Southern Christian Leadership Conference for greater civil rights.

D

Horizontal Bar Graph ...

he protection of civil rights is most directly derived from which of the following?

a. The Citizenship Clause of the Fourteenth Amendment

b. The Establishment Clause of the First Amendment

c. The Equal Protection Clause of the Fourteenth Amendment

d. The Free Exercise Clause of the First Amendment

C

Horizontal Bar Graph ...

Questions about how the Bill of Rights applies in modern America are answered primarily by

a. congressional law.

b. judicial interpretation.

c. executive orders.

d. state initiatives.

B

Gun Cartoon ...

Which of the following statements best reflects the cartoonist's point of view?

a. The Supreme Court has ignored the text of the Second Amendment.

b. The Supreme Court believes that everyone should have machine guns.

c. The Supreme Court has weakened the application of the Second Amendment.

d. The Supreme Court should avoid gun cases because they are dangerous.

A

he cartoon was most likely drawn in response to which of the following Supreme Court cases?

a. McDonald v. Chicago(2010)

b. Baker v. Carr(1963)

c. Citizens United v. Federal Election Commission(2010)

d. Miranda v. Arizona(1966)

C

Graph ...

According to the graph, at its peak, what percentage of blacks attended a majority white school in the South?

a. Just under 45 percent

b. Just over 35 percent

c. More than 45 percent

d. Under 20 percent

A?

The increase in school integration was a result of

a. state legislatures that desegregated public schools voluntarily.

b. an executive order that desegregated public schools.

c. an act of Congress that desegregated public schools.

d. Supreme Court decisions that forced states to desegregate public schools.

D

"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, Schenck v. United States (1919)

The quote is most often used as

a. an example of the rules that limit assembly.

b. the standard that the government can use to censor the media.

c. the basic test for determining when the government can limit speech.

d. the test that the government can apply to limit the free exercise of religion.

C

A news organization obtained and published a report that revealed the existence of a secret program that spied on American citizens without probable cause. Which of the following would be the most likely resolution of this situation?

a. The news organization could publish this report because the Supreme Court has established a "heavy presumption" against government censorship.

b. The news organization could publish this report because the Supreme Court has ruled that the "clear and present danger" rule does not apply to media reports regarding government actions.

c. The news organization could not publish this report because the government has the right to prevent the publication of sensitive material, like information about spy programs.

d. The news organization could not publish this report because the report was most likely obtained illegally, thus giving the government permission to stop its publication.

D

Prior to 2014, same-sex couples did not have the right to marry in every state. When the Supreme Court extended same-sex marriage rights to all fifty states, which constitutional principle was most likely used to support the argument that marriage was a "fundamental right"?

a. The Equal Protection Clause

b. The Full Faith and Credit Clause

c. The Establishment Clause

d. The Privileges and Immunities Clause

A

As a result of the Supreme Court case Miranda v. Arizona (1966), police officers must read Miranda warnings to criminal suspects when they are in custody. Suspects are informed about their rights regarding interrogation and their guarantee of counsel. These rights can be found in which of the following amendments?

a. The Sixth and Eighth Amendments

b. The Fourth and Sixth Amendments

c. The Fifth and Sixth Amendments

d. The Fourth and Eighth Amendments

C

Map + graph ...

According to the figure, which of the following is an accurate statement regarding the trend in public opinion about the death penalty for people convicted of murder?

a. Over time, Americans have stayed relatively unchanged in their opinions on the death penalty.

b. Over time, Americans have become less divided in their opinions on the death penalty, with more Americans agreeing on its use.

c. Over time, Americans have become less supportive of the use of the death penalty for people who are convicted of murder.

d. Over time, Americans have become more supportive of the use of the death penalty for people who are convicted of murder.

D

According to the figure, which of the following is an accurate statement about the Supreme Court's decisions regarding the death penalty?

a. The Supreme Court has permitted all states to choose whether they will use capital punishment as long as the states follow due process.

b. The Supreme Court has declared that all capital punishment is cruel and unusual punishment.

c. The Supreme Court has permitted some states to use capital punishments but has denied it to others.

d. The Supreme Court mandates that all states use capital punishment but allows governors to impose a moratorium.

A

Which of the following makes a correct comparison between speech that is protected by the First Amendment and speech that is not protected?

Protected Speech + Nonprotected Speech

a. Slander Speech that incites "imminent lawless action" + violence

b. Religious speech + Political dissent

c. Political dissent + Speech that creates a "clear and present danger"

d. Fighting words + Defamatory and obscene speech

C

Map ...

According to the map, legislation dealing with segregation was broken down primarily in which way?

a. Many more states had laws forbidding segregation than requiring segregation.

b. The eastern and western regions of the United States had opposing views on the legality of segregation.

c. Most states that had legislation forbidding segregation or no legislation dealing with segregation were in the original thirteen states.

d. The northern and southern regions of the United States had opposing views on the legality of segregation.

D

Segregation laws in 1953 were influenced by the Supreme Court decision inPlessy v. Ferguson(1896), which upheld the constitutionality of Jim Crow segregation laws. Which Supreme Court case overturned Plessy v. Ferguson?

a. Baker v. Carr(1962)

b. Brown v. Board of Education of Topeka, Kansas(1954)

c. Tinker v. Des Moines(1969)

d. Shaw v. Reno(1993)

B

Civil rights are policies designed to

a. protect individuals from discrimination based on race, gender, and a number of other characteristics.

b. increase minority access to college and job opportunities to compensate for past discrimination.

c. protect individuals from arbitrary government actions that limit their freedoms and opinions.

d. increase voter turnout in midterm elections, especially during state and local elections

A

Which of the following describes an effect of the Nineteenth Amendment?

a. Expanded suffrage to African Americans

b. Expanded suffrage to women

c. Eliminated poll taxes

d. Expanded suffrage to eighteen-year-olds

B

Which of the following is a reason why civil rights activists might advocate for legislation, instead of filing lawsuits through the judicial system?

a. Congress is more likely to protect the rights of minorities than the court system.

b. The judiciary lacks the power to implement its decisions.

c. Members of Congress are accountable to the majority, while the judiciary is not accountable to the majority.

d. Legislation is more permanent than Supreme Court precedent.

B

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? (AP Question)

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?

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? (AP Question)

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

Which of the following is an accurate comparison of rights protected and not protected by the First Amendment? (AP Question)

Protected by the First Amendment + Not Protected by the First Amendment

A Libel/Slander Fighting + Words

B Freedom of religion + Freedom of assembly

C The right to burn a flag + Obscenity

D Online newspapers + The right of a student to pray in school

C

Which of the following Supreme Court decisions allows public school students to wear T-shirts protesting a school board decision that eliminates funding for high school arts programs? (AP Question)

a. Engel v. Vitale(1962)

b. Wisconsin v. Yoder(1972)

c. Tinker v. Des Moines Independent Community School District (1969)

d. New York Times Co. v. United States(1971)

C

The Washington Post receives a top secret report that details how the executive branch mishandled adeal made with a foreign nation regarding nuclear weapons. The executive branch attempts to stop thepublishing 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

Which of the following illustrates a situation that would not be protected by the First Amendment dueto 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

Which of the following describes the Twenty-Fourth Amendment?

A. It desegregated places of public accommodation.

B. It required elections for the United States Senate.

C. It reduced barriers to political participation on the basis of gender.

D. It eliminated poll taxes.

D

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

In May of 2015, a federal appeals court ruled that the National Security Agency's collection of Americans' phone records was in violation of the USA PATRIOT Act. Which of the following core values are involved in the national debate regarding the surveillance program referred to in this scenario?

A.Liberty versus stability and order

B.Majority rule versus minority rights

C.States' rights versus federal authority

D.Common good versus freedom of expression

A

Graph...

Based on the data in the chart, which of the following is true?

A.The percentage of liberal decisions made by the federal district's 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

Graph...

Which of the following factors most likely led to shifts in 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

According to the data, both gun owners and non-gun owners...

A.Answered similarly regarding the importance of the right to own guns

B.Believed that the right to vote was less critical than freedom of religion}

C.Chose freedom of speech as most crucial to their own liberty

D.Demonstrated deep division between one another in most categories

C

Which of the following best explains how poll respondents regard the relationship between the right to own guns and personal freedom?

A.The poll shows there is an ongoing debate over whether gun control laws promote or interfere with individual rights.

B.The poll shows that gun owners and non-gun owners have widely different views over a range of civil liberties issues.

C.The poll shows that party polarization has a sizable impact on elections and policy making at each level of government.

D.The poll shows that even the courts have mixed opinions as to whether the second amendment involves individual liberty.

A

Which of the following constitutional principles best explains why there is variation among states on the use of capital punishment?

A.Separation of powers

B.Judicial review

C.Checks and balances

D.Federalism

D

The clause of the United States Constitution that was used in the Supreme Court's ruling in Brown v.Board of Education of Topeka (1954) was

A.The due process clause

B.The necessary and proper clause

C.The free exercise clause

D.The equal protection clause

D

The United States Supreme Court has used which of the follow to incorporate the Bill of Rights into state law?

A.The Necessary and Proper Clause

B.The Fourteenth Amendment

C.The Civil Rights Act of 1964

D.The Voting Rights Act of 1965

B

Which of the following statements best describes the information in the map?

(A)Most states in the Northeast and West do not allow capital punishment.

(B)Most states in the South and West allow capital punishment.

(C)Capital punishment is not allowed in Oklahoma (OK) and New Mexico (NM).

(D)Only three states do not allow capital punishment.

B

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 government action.

B

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

Which of the following cases decided whether a state could compel children to attend schoolbeyond 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

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

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

"An unjust law is a code inflicted upon a minority which that minority had no part in en ... e Negroes constitute a majority of the population. Can any law setup in such a state be considered democratically structured?" -Dr. Martin Luther King,"Letter from a Birmingham Jail," 1963

Which of the following governmental policies would the author most likely support as a solution to the problems described in this passage?

A.Title IX of the Education Amendments Act of 1972

B.The Voting Rights Act of 1965

C.The Twenty-sixth Amendment

D.The Civil Rights Act of 1964

B

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

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 toBrownv.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 addresssegregation.

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

The Nineteenth Amendment to the Constitution, the Equal Rights Amendment, and Title IXof the Education Amendments of 1972 were all directed toward the goal of

A.overcoming discrimination based on sexual orientation

B.racial justice

C.equality for women

D.affirmative action

C

The Supreme Court addressed the admissions policy of the University of Michigan LawSchool inGrutter v. Bollinger(2003). Justice Sandra Day O'Connor wrote for the court, "in thecontext of its individualized inquiry into the possible diversity contributions of all applicants, theLaw School's race-conscious admissions program does not unduly harm nonminorityapplicants." The primary issue of controversy in the Grutter v. Bollinger decision involves

A.national supremacy

B.judicial review

C.selective incorporation

D.affirmative action

D

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

A.A high school athletic program adds a women's basketball team in addition to its existing men's basketball team.

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

C.A company providing a public service is required to serve all customers regardless of race or religion.

D.A person who cannot afford an attorney is provided one by the state.

B

A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?

A.The Third Amendment

B.The Fifth Amendment

C.The Sixth Amendment

D.The Seventh Amendment

C

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

A.The federal government only

B.State and local governments

C.The federal government and state governments

D.State governments only

A

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

A.A law is passed in Congress which bans guns in schools because of the effect it has on interstate commerce

B.A state creates a racially gerrymandered district to meet requirements in the Voting Rights Act

C.A school district segregates its students into schools based on the students' race

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

C

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 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?

A.It enhanced the state's power to refuse to provide legal counsel in some felony cases

B.It applied the Sixth Amendment to the federal government through total incorporation

C.It limited the state's power to convict someone who was poor or mentally ill

D.It applied the Sixth Amendment to the states through the incorporation doctrine

C

This case applied the exclusionary rule to the states:

A.Katz v. United States.

B.United States v. Ross.

C.Mapp v. Ohio.

D.Harris v. New York.

C

"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' workor 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?

A.Schenck v. United States (1919)

B.Tinker v. Des Moines (1969)

C.New York Times Co. v. United States (1971)

D.Engel v. Vitale (1962)

B

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

D

Led to an increase in state power to restrict fr"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?

A.Gideon v. Wainwright (1963)

B.Shaw v. Reno (1993)

C.Marbury v. Madison (1803)

D.Schenck v. United States (1919)edom of speech

D

Which of the following constitutional clauses was most relevant in the Supreme Court case Roe v. Wade (1973) ?

ACommerce clause

BFree exercise clause

CDue process clause

DEqual protection clause

C

A group unhappy with the draft distributes a memo to members encouraging physical confrontations with draft agents. 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 Schneck v. US

B Wisconson v. Yoder

C Mapp v. OH

D Brandenburg v. OH

A

Which of the following headlines is most relevant to the political cartoon? (Newspapers as the pillars)

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

In McDonald v. Chicago (2010), the United States Supreme Court stated that, "[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day" and that an individual's right to bear arms was "deeply rooted in this Nation's history and tradition."The quote points to which of the following amendments to the United States Constitution as a basis to limit state action?

AThe First Amendment

BThe Second Amendment

CThe Third Amendment

DThe Fourth Amendment

B

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

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case. The Negro ... safety. Nor is this a partisan issue. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics. 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

In Brown v. Board of Education of Topeka (1954), the Supreme Court ruling limited state action in segregating public school students based on their race, stating "separate educational facilities are inherently unequal."The Court pointed to which of the following amendments to the United States Constitution to achieve this ruling?

AThe First Amendment

BThe Fifth Amendment

CThe Thirteenth Amendment

DThe Fourteenth Amendment

D

In which case did the Supreme Court rule that "the doctrine of separate but equal has no place" in the Constitution?

ATinker v. Des Moines Independent Community School District (1969)

BWisconsin v. Yoder (1972)

CEngel v. Vitale (1962)

DBrown v. Board of Education of Topeka (1954)

D

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?

ATinker v. Des Moines Independent Community School District (1969)

BBrown v. Board of Education of Topeka (1954)

CEngel v. Vitale (1962)

DGideon v. Wainwright (1963)

B

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

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

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

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those arms needed to meet their legal obligation to participate in a well-regulated militia. Nothing ... ary-style assault weapons." 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

"The original understanding of the Second Amendment was neither an individual right to self-defense nor a collective right of the states, but rather a civic right that guaranteed that citizens would be able to keep and bear those a ... ary-style assault weapons." 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