Saturday, April 21, 2012
Exam Review for Monday
Class,
Reminder, Monday we will begin our review for the AP Exam. Over the next two weeks or so we will be doing a number of things to include: (1) Reviewing each unit in class (2) taking practice multiple-choice and frq's (3) revisiting some of the more challenging concepts such as campaign finance reform (4) reviewing test-taking strategies, and MUCH, MUCH, MORE :)
A reminder. We will start with Unit 1: Constitutional Underpinnings on Monday. Please have your Pew Notes on CU for review. If you somehow "misplaced" them, Go to the following link: http://www.mtbarclay.com/mrbarclaysgovernmentclassalisalhighschool200708/id22.html
Download and print. We will use it for "drill and kill" exercise....
Monday, April 16, 2012
2005 FRQ on Selective Incorporation
Class, for tonite's 2005 FRQ, you need to mention The 14th Amendment’s DUE PROCESS CLAUSE as the linking mechanism that prohibits state and local governments from depriving persons of life, liberty, or property without certain steps being taken to ensure fairness. This clause has been used to make MOST of the Bill of Rights applicable to the states (selective incorportation).
Okay, this was such a good answer from the student model, take a look at it. Try to put this into your own words for tomorrow. Use different cases at least....
2005 FRQ “Model Student Answer”
Beginning in the twentieth century, the Supreme Court has interpreted the Constitution so as to protect the rights of all citizens from the actions of states. This sort of selective incorporation can be seen in the areas of the rights of criminal defendants and the privacy rights of citizens.
Selective incorporation is the process by which the Supreme Court is able to protect citizens from state governments. This arises when federal laws and court decisions are applied to the states, thus guaranteeing people’s constitutional rights. This is largely a result of the “due-process” clause of the Fourteenth Amendment. This clause makes all federally guaranteed rights applicable to the states, thus forcing them to adhere to the Bill of Rights. Thus, federal interpretations of law must be adhered to by the states.
One such area where federal laws and court decisions have been incorporated has been a person’s privacy rights. This is illustrated by the Supreme Court case of Roe v. Wade. In this case the Supreme Court decided that it was fundamental to a woman’s right to privacy to allow for her to have an abortion. This decision, for all intents and purposes, made abortion legal, the “due-process” clause then forced for states to follow this ruling despite any prior state laws on the subject. Thus, the Supreme Court’s interpretation of the Constitution was incorporated into state law. This illustrates the incorporation of privacy rights. The Rights of Criminal Defendants have also been incorporated by the Supreme Court. This is illustrated by the Miranda case. A citizen, Miranda, was arrested and questioned without having been informed of a criminal defendant’s rights. This case appeared before the Supreme Court and the decision was in favor of Miranda. Now, all police forces in all states are required to rend an arrested individual his or her “Miranda Rights” promptly. The incorporation of this constitutional interpretation is certainly very evident.
The “due-process” clause has allowed for many federal statutes to be imposed on the states, thus asserting the supremacy at the federal government. However, this does guarantee every citizen his or her federal rights outlined in the Bill of Rights. It is certain that future federal decisions will be incorporated to the states.
Okay, this was such a good answer from the student model, take a look at it. Try to put this into your own words for tomorrow. Use different cases at least....
2005 FRQ “Model Student Answer”
Beginning in the twentieth century, the Supreme Court has interpreted the Constitution so as to protect the rights of all citizens from the actions of states. This sort of selective incorporation can be seen in the areas of the rights of criminal defendants and the privacy rights of citizens.
Selective incorporation is the process by which the Supreme Court is able to protect citizens from state governments. This arises when federal laws and court decisions are applied to the states, thus guaranteeing people’s constitutional rights. This is largely a result of the “due-process” clause of the Fourteenth Amendment. This clause makes all federally guaranteed rights applicable to the states, thus forcing them to adhere to the Bill of Rights. Thus, federal interpretations of law must be adhered to by the states.
One such area where federal laws and court decisions have been incorporated has been a person’s privacy rights. This is illustrated by the Supreme Court case of Roe v. Wade. In this case the Supreme Court decided that it was fundamental to a woman’s right to privacy to allow for her to have an abortion. This decision, for all intents and purposes, made abortion legal, the “due-process” clause then forced for states to follow this ruling despite any prior state laws on the subject. Thus, the Supreme Court’s interpretation of the Constitution was incorporated into state law. This illustrates the incorporation of privacy rights. The Rights of Criminal Defendants have also been incorporated by the Supreme Court. This is illustrated by the Miranda case. A citizen, Miranda, was arrested and questioned without having been informed of a criminal defendant’s rights. This case appeared before the Supreme Court and the decision was in favor of Miranda. Now, all police forces in all states are required to rend an arrested individual his or her “Miranda Rights” promptly. The incorporation of this constitutional interpretation is certainly very evident.
The “due-process” clause has allowed for many federal statutes to be imposed on the states, thus asserting the supremacy at the federal government. However, this does guarantee every citizen his or her federal rights outlined in the Bill of Rights. It is certain that future federal decisions will be incorporated to the states.
Sunday, April 1, 2012
Spring Break Assignments
Class,
Posted below is the Sabato reading for your break. Please at least copy all of the assignments and at a minimum, go through the Chapter 5 readings on Civil Liberties (Chapters 6.1 to 6.5). For those of you who will take the AP Exam, you really should make your way through both chapter 5 and 6 during the break.
Don't forget to do the Pew Notes on Civil Liberties/Rights. It will be worth 50 points upon your return on Tuesday, the 10th. I have to incentivize this in order for you to do the work. Late Pew will get 10 points off on each day late-NO EXCEPTIONS....
Posted below is the Sabato reading for your break. Please at least copy all of the assignments and at a minimum, go through the Chapter 5 readings on Civil Liberties (Chapters 6.1 to 6.5). For those of you who will take the AP Exam, you really should make your way through both chapter 5 and 6 during the break.
Don't forget to do the Pew Notes on Civil Liberties/Rights. It will be worth 50 points upon your return on Tuesday, the 10th. I have to incentivize this in order for you to do the work. Late Pew will get 10 points off on each day late-NO EXCEPTIONS....
Chapter 6.5 Pages 227 to 233
1) Why are Indian tribes permitted to run casinos?
A) to compensate for decades of discrimination
B) because gambling has a long tradition in Native American customs
C) because tribal lands are not subject to state and federal laws
D) because many Native Americans live in poverty
E) because Native Americans are not American Citizens
2) Which of the following best describes Indian trust funds operated by the Department of the
Interior?
A) These funds have been a boon to Native Americans and have enabled them to open up
several highly profitable casinos.
B) The Department of the Interior has grossly mismanaged these funds.
C) Native Americans have systematically refused to accept these funds, arguing that they
are ʺblood money.ʺ
D) The trust funds collect money from Native Americans in exchange for using federal
lands.
E) The trust funds have dried up in recent years, as Congress has been unwilling to
appropriate the money necessary for their continued existence.
3) Which of the following groups has been the least successful in pursuing their civil rights
claims?
A) African Americans
B) Hispanics
C) women
D) disabled Americans
E) gays and lesbians
4) What does the Americans with Disabilities Act require?
A) workplace accommodations for disabled Americans
B) generous government stipends for all disabled Americans
C) at least 5 percent of all state legislative seats must be held by disabled Americans
D) at least 5 percent of all congressional seats must be held by disabled Americans
E) All of the above.
5) Which of the following accurately represents American public opinion about affirmative
action?
A) African Americans are more likely to believe that university admissions should be based
solely on merit than are Hispanics.
B) About half of all Americans favor affirmative action, but about two-thirds of all
Americans think that university admissions should be based solely on merit.
C) A majority of non-Hispanic whites favors affirmative action.
D) Nearly three-quarters of non-Hispanic whites think that university admissions should
take into account race and ethnicity.
E) Most Americans favor affirmative action, both in general and for university admissions.
6) Which of the following best summarizes the current Supreme Court decisions regarding
affirmative action?
A) Affirmative action is seldom permissible.
B) Affirmative action is only permissible if it uses a quota or point system.
C) Affirmative action is unconstitutional because the Constitution requires that all laws are
colorblind.
D) Affirmative action serves a legitimate state purpose as long as there is racial inequality in
the United States.
E) Some racial preferences are acceptable, but race or ethnicity can not be the defining
factor.
A) to compensate for decades of discrimination
B) because gambling has a long tradition in Native American customs
C) because tribal lands are not subject to state and federal laws
D) because many Native Americans live in poverty
E) because Native Americans are not American Citizens
2) Which of the following best describes Indian trust funds operated by the Department of the
Interior?
A) These funds have been a boon to Native Americans and have enabled them to open up
several highly profitable casinos.
B) The Department of the Interior has grossly mismanaged these funds.
C) Native Americans have systematically refused to accept these funds, arguing that they
are ʺblood money.ʺ
D) The trust funds collect money from Native Americans in exchange for using federal
lands.
E) The trust funds have dried up in recent years, as Congress has been unwilling to
appropriate the money necessary for their continued existence.
3) Which of the following groups has been the least successful in pursuing their civil rights
claims?
A) African Americans
B) Hispanics
C) women
D) disabled Americans
E) gays and lesbians
4) What does the Americans with Disabilities Act require?
A) workplace accommodations for disabled Americans
B) generous government stipends for all disabled Americans
C) at least 5 percent of all state legislative seats must be held by disabled Americans
D) at least 5 percent of all congressional seats must be held by disabled Americans
E) All of the above.
5) Which of the following accurately represents American public opinion about affirmative
action?
A) African Americans are more likely to believe that university admissions should be based
solely on merit than are Hispanics.
B) About half of all Americans favor affirmative action, but about two-thirds of all
Americans think that university admissions should be based solely on merit.
C) A majority of non-Hispanic whites favors affirmative action.
D) Nearly three-quarters of non-Hispanic whites think that university admissions should
take into account race and ethnicity.
E) Most Americans favor affirmative action, both in general and for university admissions.
6) Which of the following best summarizes the current Supreme Court decisions regarding
affirmative action?
A) Affirmative action is seldom permissible.
B) Affirmative action is only permissible if it uses a quota or point system.
C) Affirmative action is unconstitutional because the Constitution requires that all laws are
colorblind.
D) Affirmative action serves a legitimate state purpose as long as there is racial inequality in
the United States.
E) Some racial preferences are acceptable, but race or ethnicity can not be the defining
factor.
Chapter 6.4 Pages 214 to 224
1) Following the assassination of President Kennedy, what was President Lyndon B. Johnsonʹs
legislative priority?
A) civil rights reform
B) restoring Jim Crow laws
C) pacifying the demands of the South
D) equal rights for the disabled
E) equal rights for military veterans
2) The objective of Brown v. Board of Education was to create equal educational opportunity. In
which of the following ways are current educational opportunities unequal?
A) Fewer funds are allocated to substandard school districts.
B) White students are less likely to attend substandard schools than African-American
students.
C) A disproportionate number of white students take advanced placement classes.
D) School funding varies considerably from state to state.
E) All of the above.
3) The Civil Rights Act of 1964
A) prohibited discrimination in public accommodations engaged in interstate commerce.
B) guaranteed full voting rights to all legal U.S. residents.
C) provided federal funds to discriminatory state and local programs.
D) prohibited employment discrimination on the basis of sexual orientation.
E) All of the above.
4) One decade after Brown v. Board of Education, what percent of African American children in the
South attended integrated schools?
A) fewer than 1 percent B) about 25 percent
C) about 50 percent D) nearly 100 percent
5) Racial discrimination that results from practice rather than law is called ________
discrimination.
A) de jure
B) de facto
C) in vino veritas
D) direct
E) practical
6) Where is one most likely to find de facto discrimination?
A) in local ordinances
B) in state laws
C) in federal laws
D) in Supreme Court decisions
E) in residential neighborhoods
7) When was the Equal Rights Amendment added to the Constitution?
A) 1908
B) 1936
C) 1972
D) 1982
E) The Equal Rights Amendment was not ratified by enough states and did not become part
of the Constitution.
8) What standard does the Supreme Court use to determine whether classification by sexual
orientation violates the equal protection clause?
A) strict scrutiny
B) heightened standard
C) intermediate standard
D) minimum rationality standard
E) fundamental freedom standard
9) What does Title IX of the Educational Amendments of 1972 prohibit?
A) discrimination on the basis of height
B) discrimination on the basis of weight
C) discrimination against noncitizens
D) discrimination against female students
E) discrimination against gay and lesbian students
10) The primary purpose of which of the following groups is to lobby and litigate on behalf of
Hispanic Americans?
A) NAACP
B) MALDEF
C) Korematsu
D) NOW
E) ACLU
legislative priority?
A) civil rights reform
B) restoring Jim Crow laws
C) pacifying the demands of the South
D) equal rights for the disabled
E) equal rights for military veterans
2) The objective of Brown v. Board of Education was to create equal educational opportunity. In
which of the following ways are current educational opportunities unequal?
A) Fewer funds are allocated to substandard school districts.
B) White students are less likely to attend substandard schools than African-American
students.
C) A disproportionate number of white students take advanced placement classes.
D) School funding varies considerably from state to state.
E) All of the above.
3) The Civil Rights Act of 1964
A) prohibited discrimination in public accommodations engaged in interstate commerce.
B) guaranteed full voting rights to all legal U.S. residents.
C) provided federal funds to discriminatory state and local programs.
D) prohibited employment discrimination on the basis of sexual orientation.
E) All of the above.
4) One decade after Brown v. Board of Education, what percent of African American children in the
South attended integrated schools?
A) fewer than 1 percent B) about 25 percent
C) about 50 percent D) nearly 100 percent
5) Racial discrimination that results from practice rather than law is called ________
discrimination.
A) de jure
B) de facto
C) in vino veritas
D) direct
E) practical
6) Where is one most likely to find de facto discrimination?
A) in local ordinances
B) in state laws
C) in federal laws
D) in Supreme Court decisions
E) in residential neighborhoods
7) When was the Equal Rights Amendment added to the Constitution?
A) 1908
B) 1936
C) 1972
D) 1982
E) The Equal Rights Amendment was not ratified by enough states and did not become part
of the Constitution.
8) What standard does the Supreme Court use to determine whether classification by sexual
orientation violates the equal protection clause?
A) strict scrutiny
B) heightened standard
C) intermediate standard
D) minimum rationality standard
E) fundamental freedom standard
9) What does Title IX of the Educational Amendments of 1972 prohibit?
A) discrimination on the basis of height
B) discrimination on the basis of weight
C) discrimination against noncitizens
D) discrimination against female students
E) discrimination against gay and lesbian students
10) The primary purpose of which of the following groups is to lobby and litigate on behalf of
Hispanic Americans?
A) NAACP
B) MALDEF
C) Korematsu
D) NOW
E) ACLU
Chapter 6.3 Pages 208 to 213
1) The NAACPʹs first target in its efforts to overturn Jim Crow laws and Plessy v. Ferguson was
segregation in
A) restaurants.
B) vocational schools.
C) professional and graduate schools.
D) transportation.
E) the workforce.
2) American citizens who are members of which of the following groups are not currently
guaranteed the right to vote?
A) the physically disabled
B) Hispanics
C) twenty-year-olds
D) convicted felons
E) Everyone listed above is constitutionally guaranteed the right to vote.
3) The 1954 Supreme Court decision that overturned Plessy was
A) the Sweatt case.
B) Missouri v. Gaines.
C) McLaurin v. Oklahoma.
D) Brown v. Board of Education.
E) Cooper v. Aaron.
4) In Brown v. Board of Education, the Supreme Court determined that
A) schools must ensure a racial mix equal to that of the surrounding community.
B) the doctrine of ʺseparate but equalʺ has no place in public education.
C) Curt Muller could attend the University of Oklahoma and sit in the classroom with the
rest of the students.
D) school bussing is patently unconstitutional.
E) African American children could attend any school they wanted to.
5) What was the immediate response of the South to the Supreme Courtʹs decision in Brown v.
Board of Education?
A) The South immediately complied with the spirit of the Court decision because they were
eager to put the whole affair behind them.
B) The South erupted in jubilation due to their victory at the Supreme Court.
C) The South reluctantly complied with the Courtʹs mandate, although they complained
about it relentlessly.
D) The South did everything within its power to avoid implementing the Courtʹs decision.
E) The South complied with both the letter and the spirit of the Supreme Courtʹs decision.
6) In 1955, the Montgomery bus boycott began with the intent of ending segregation on public
transport. Who acted as a catalyst for the boycott by refusing to give up her seat on the bus to
a white passenger?
A) Rosa Parks
B) Linda Brown
C) W.E.B. DuBois
D) Susan B. Anthony
E) Elizabeth Cady Stanton
7) What was the new strategy for expanding African-American civil rights that was first
employed in the Montgomery Bus Boycott?
A) legislation
B) litigation
C) nonviolent protest
D) civil unrest
E) extraordinary renditions
8) Who was a leader of the Montgomery Bus Boycott and the head of the Montgomery
Improvement Association?
A) Martin Luther King, Jr.
B) Seneca Falls
C) Rosa Parks
D) Linda Brown
E) Malcolm X
9) Attempts to focus attention on segregated bus facilities in the South were known as
A) sit-ins.
B) love-fests.
C) tickets to ride.
D) the Equality Express.
E) freedom rides.
10) In August 1963, Martin Luther King, Jr. led a huge march on Washington that culminated in
A) the arrest of thousands of marchers by the D.C. police.
B) the brutal beatings of African Americans by D.C. residents.
C) Kingʹs ʺI Have a Dreamʺ speech.
D) the assassination of John F. Kennedy.
E) wide scale rioting in black neighborhoods around the country.
segregation in
A) restaurants.
B) vocational schools.
C) professional and graduate schools.
D) transportation.
E) the workforce.
2) American citizens who are members of which of the following groups are not currently
guaranteed the right to vote?
A) the physically disabled
B) Hispanics
C) twenty-year-olds
D) convicted felons
E) Everyone listed above is constitutionally guaranteed the right to vote.
3) The 1954 Supreme Court decision that overturned Plessy was
A) the Sweatt case.
B) Missouri v. Gaines.
C) McLaurin v. Oklahoma.
D) Brown v. Board of Education.
E) Cooper v. Aaron.
4) In Brown v. Board of Education, the Supreme Court determined that
A) schools must ensure a racial mix equal to that of the surrounding community.
B) the doctrine of ʺseparate but equalʺ has no place in public education.
C) Curt Muller could attend the University of Oklahoma and sit in the classroom with the
rest of the students.
D) school bussing is patently unconstitutional.
E) African American children could attend any school they wanted to.
5) What was the immediate response of the South to the Supreme Courtʹs decision in Brown v.
Board of Education?
A) The South immediately complied with the spirit of the Court decision because they were
eager to put the whole affair behind them.
B) The South erupted in jubilation due to their victory at the Supreme Court.
C) The South reluctantly complied with the Courtʹs mandate, although they complained
about it relentlessly.
D) The South did everything within its power to avoid implementing the Courtʹs decision.
E) The South complied with both the letter and the spirit of the Supreme Courtʹs decision.
6) In 1955, the Montgomery bus boycott began with the intent of ending segregation on public
transport. Who acted as a catalyst for the boycott by refusing to give up her seat on the bus to
a white passenger?
A) Rosa Parks
B) Linda Brown
C) W.E.B. DuBois
D) Susan B. Anthony
E) Elizabeth Cady Stanton
7) What was the new strategy for expanding African-American civil rights that was first
employed in the Montgomery Bus Boycott?
A) legislation
B) litigation
C) nonviolent protest
D) civil unrest
E) extraordinary renditions
8) Who was a leader of the Montgomery Bus Boycott and the head of the Montgomery
Improvement Association?
A) Martin Luther King, Jr.
B) Seneca Falls
C) Rosa Parks
D) Linda Brown
E) Malcolm X
9) Attempts to focus attention on segregated bus facilities in the South were known as
A) sit-ins.
B) love-fests.
C) tickets to ride.
D) the Equality Express.
E) freedom rides.
10) In August 1963, Martin Luther King, Jr. led a huge march on Washington that culminated in
A) the arrest of thousands of marchers by the D.C. police.
B) the brutal beatings of African Americans by D.C. residents.
C) Kingʹs ʺI Have a Dreamʺ speech.
D) the assassination of John F. Kennedy.
E) wide scale rioting in black neighborhoods around the country.
6.2 Pages 201 to 208
1) What were Black Codes?
A) laws passed in northern states to guarantee rights to newly freed blacks
B) laws passed in southern states that denied legal rights to newly freed slaves
C) restrictions placed on the right of newly freed slaves to own property in the North
D) Supreme Court decisions that mandated separate but equal facilities for newly freed
slaves
E) unsuccessful attempts by northern states to recruit newly freed blacks to work in
northern factories
2) The Thirteenth, Fourteenth, and Fifteenth Amendments are collectively known as the
A) civil liberties amendments.
B) Bill of Rights.
C) Natural Law Legislation.
D) Civil War Amendments.
E) Bill of Liberties.
3) What was the original purpose of the Fourteenth Amendment?
A) to guarantee citizenship to newly freed slaves
B) to ensure that the state governments abided by the Bill of Rights
C) to reward the South for its efforts during Reconstruction
D) to deny the right to vote to former slaves
E) to protect the interests of slave-holding northerners
4) Laws enacted by southern states that resulted in segregation by race were also known as
A) Jim Crow laws.
B) Black Codes.
C) grandfather clauses.
D) freedmen statutes.
E) sharecropper statutes.
5) In the Civil Rights Cases (1883), the Supreme Court determined that
A) the national government can discriminate on the basis of race.
B) state governments can discriminate on the basis of race.
C) private citizens can discriminate on the basis of race.
D) all forms of discrimination based on race are unconstitutional.
E) all forms of discrimination are unconstitutional.
6) Which of the following best summaries the reaction in the South to the Fifteenth Amendment?
A) Southern states complied with both the letter and the spirit of the amendment.
B) Southern states used Jim Crow laws to enforce racial integration.
C) Southern states engaged in a massive get-out-the-vote effort among former slaves.
D) Southern states decided that it would be better to close all public schools than to admit
black students to otherwise white schools.
E) Southern states found creative ways to avoid enfranchising blacks, such as literacy tests
and grandfather clauses.
7) In ________, the Supreme Court found that segregated rail transportation was constitutional
because separate but equal accommodations did not violate the equal protection clause of the
Fourteenth Amendment.
A) the Civil Rights cases
B) the Slaughterhouse cases
C) Plessy v. Ferguson
D) Bradwell v. Illinois
E) Swann v. Charlotte-Mecklenburg School District
8) In the years after the Supreme Courtʹs decision in Plessy v. Ferguson, public accommodations in
the South were largely
A) segregated and equal.
B) segregated and unequal.
C) integrated and equal.
D) integrated and unequal.
E) separate and equal.
9) Womenʹs suffrage was guaranteed by the ________ Amendment.
A) Fourteenth
B) Fifteenth
C) Nineteenth
D) Twenty-first
E) Twenty-second
10) What sort of strategy did the NAACP pursue in its efforts to ensure equality for African
Americans by overturning Jim Crow laws and Plessy v. Ferguson?
A) a legislation strategy at the local level
B) a legislation strategy at the state level
C) a litigation strategy at the state level
D) a legislation strategy at the federal level
E) a litigation strategy at the federal level
A) laws passed in northern states to guarantee rights to newly freed blacks
B) laws passed in southern states that denied legal rights to newly freed slaves
C) restrictions placed on the right of newly freed slaves to own property in the North
D) Supreme Court decisions that mandated separate but equal facilities for newly freed
slaves
E) unsuccessful attempts by northern states to recruit newly freed blacks to work in
northern factories
2) The Thirteenth, Fourteenth, and Fifteenth Amendments are collectively known as the
A) civil liberties amendments.
B) Bill of Rights.
C) Natural Law Legislation.
D) Civil War Amendments.
E) Bill of Liberties.
3) What was the original purpose of the Fourteenth Amendment?
A) to guarantee citizenship to newly freed slaves
B) to ensure that the state governments abided by the Bill of Rights
C) to reward the South for its efforts during Reconstruction
D) to deny the right to vote to former slaves
E) to protect the interests of slave-holding northerners
4) Laws enacted by southern states that resulted in segregation by race were also known as
A) Jim Crow laws.
B) Black Codes.
C) grandfather clauses.
D) freedmen statutes.
E) sharecropper statutes.
5) In the Civil Rights Cases (1883), the Supreme Court determined that
A) the national government can discriminate on the basis of race.
B) state governments can discriminate on the basis of race.
C) private citizens can discriminate on the basis of race.
D) all forms of discrimination based on race are unconstitutional.
E) all forms of discrimination are unconstitutional.
6) Which of the following best summaries the reaction in the South to the Fifteenth Amendment?
A) Southern states complied with both the letter and the spirit of the amendment.
B) Southern states used Jim Crow laws to enforce racial integration.
C) Southern states engaged in a massive get-out-the-vote effort among former slaves.
D) Southern states decided that it would be better to close all public schools than to admit
black students to otherwise white schools.
E) Southern states found creative ways to avoid enfranchising blacks, such as literacy tests
and grandfather clauses.
7) In ________, the Supreme Court found that segregated rail transportation was constitutional
because separate but equal accommodations did not violate the equal protection clause of the
Fourteenth Amendment.
A) the Civil Rights cases
B) the Slaughterhouse cases
C) Plessy v. Ferguson
D) Bradwell v. Illinois
E) Swann v. Charlotte-Mecklenburg School District
8) In the years after the Supreme Courtʹs decision in Plessy v. Ferguson, public accommodations in
the South were largely
A) segregated and equal.
B) segregated and unequal.
C) integrated and equal.
D) integrated and unequal.
E) separate and equal.
9) Womenʹs suffrage was guaranteed by the ________ Amendment.
A) Fourteenth
B) Fifteenth
C) Nineteenth
D) Twenty-first
E) Twenty-second
10) What sort of strategy did the NAACP pursue in its efforts to ensure equality for African
Americans by overturning Jim Crow laws and Plessy v. Ferguson?
A) a legislation strategy at the local level
B) a legislation strategy at the state level
C) a litigation strategy at the state level
D) a legislation strategy at the federal level
E) a litigation strategy at the federal level
6.1-Civil Rights Pages 197 to 201
1) Which of the following best describes the Civil Rights Division of the Department of Justice?
A) It is not subject to political influences.
B) Evidence points to considerable politicization of the division.
C) It is constitutionally prohibited from enforcing the Voting Rights Act.
D) It is constitutionally prohibited from enforcing the Civil Rights Act.
E) It has recently beefed up prosecutions for race and gender discrimination.
2) Where does the Constitution discuss equality?
A) the Preamble
B) Article I, section 8
C) the First Amendment
D) the Tenth Amendment
E) the Fourteenth Amendment
3) Why did northern senators initially oppose adding Missouri to the union?
A) Missouri had fought along side the Confederacy during the Civil War.
B) Missouri would be a slave state.
C) Missouri would be a free state.
D) The Missouri Constitution did not include civil liberties protections.
E) Adding Missouri would violate a treaty the United States had signed with various Indian
tribes.
4) What was the purpose of the Missouri Compromise?
A) to prohibit the expansion of slavery into any new states admitted to the union
B) to maintain the current balance of slave and free states
C) to quell civil unrest resulting from Shaysʹs Rebellion
D) to guarantee women the right to vote while denying the right to vote to slaves
E) to enhance the civil rights of noncitizens
5) Abolitionists worked towards
A) ending slavery.
B) abolishing suffrage limits for women.
C) guaranteeing the continued existence of slavery in any new state added to the union.
D) the emancipation of women.
E) repealing the Civil War Amendments.
6) What was the primary agenda at the Seneca Falls Convention?
A) abolition of slavery
B) guaranteeing the continued existence of slavery
C) abolition of womenʹs suffrage
D) equal rights for men and women
E) promotion of de jure discrimination
7) What was Uncle Tomʹs Cabin about?
A) the need for westward expansion
B) manifest destiny
C) womenʹs rights
D) school bussing
E) slavery
8) In Dred Scott v. Sandford (1857), the U.S. Supreme Court ruled that
A) slaves were U.S. citizens.
B) slavery was prohibited north of a set geographical boundary.
C) the Missouri compromise was unconstitutional.
D) women were U.S. citizens but did not have the right to vote.
E) women were not U.S. citizens and, therefore, did not have the right to vote.
9) The Emancipation Proclamation
A) freed all slaves.
B) freed all slaves in the North.
C) freed all slaves in the Confederacy.
D) limited the ownership of slaves in the North.
E) limited the ownership of slaves in the territories.
10) Slavery was banned by the ________ Amendment.
A) Twelfth
B) Thirteenth
C) Fourteenth
D) Fifteenth
E) Nineteenth
Answer: B
A) It is not subject to political influences.
B) Evidence points to considerable politicization of the division.
C) It is constitutionally prohibited from enforcing the Voting Rights Act.
D) It is constitutionally prohibited from enforcing the Civil Rights Act.
E) It has recently beefed up prosecutions for race and gender discrimination.
2) Where does the Constitution discuss equality?
A) the Preamble
B) Article I, section 8
C) the First Amendment
D) the Tenth Amendment
E) the Fourteenth Amendment
3) Why did northern senators initially oppose adding Missouri to the union?
A) Missouri had fought along side the Confederacy during the Civil War.
B) Missouri would be a slave state.
C) Missouri would be a free state.
D) The Missouri Constitution did not include civil liberties protections.
E) Adding Missouri would violate a treaty the United States had signed with various Indian
tribes.
4) What was the purpose of the Missouri Compromise?
A) to prohibit the expansion of slavery into any new states admitted to the union
B) to maintain the current balance of slave and free states
C) to quell civil unrest resulting from Shaysʹs Rebellion
D) to guarantee women the right to vote while denying the right to vote to slaves
E) to enhance the civil rights of noncitizens
5) Abolitionists worked towards
A) ending slavery.
B) abolishing suffrage limits for women.
C) guaranteeing the continued existence of slavery in any new state added to the union.
D) the emancipation of women.
E) repealing the Civil War Amendments.
6) What was the primary agenda at the Seneca Falls Convention?
A) abolition of slavery
B) guaranteeing the continued existence of slavery
C) abolition of womenʹs suffrage
D) equal rights for men and women
E) promotion of de jure discrimination
7) What was Uncle Tomʹs Cabin about?
A) the need for westward expansion
B) manifest destiny
C) womenʹs rights
D) school bussing
E) slavery
8) In Dred Scott v. Sandford (1857), the U.S. Supreme Court ruled that
A) slaves were U.S. citizens.
B) slavery was prohibited north of a set geographical boundary.
C) the Missouri compromise was unconstitutional.
D) women were U.S. citizens but did not have the right to vote.
E) women were not U.S. citizens and, therefore, did not have the right to vote.
9) The Emancipation Proclamation
A) freed all slaves.
B) freed all slaves in the North.
C) freed all slaves in the Confederacy.
D) limited the ownership of slaves in the North.
E) limited the ownership of slaves in the territories.
10) Slavery was banned by the ________ Amendment.
A) Twelfth
B) Thirteenth
C) Fourteenth
D) Fifteenth
E) Nineteenth
Answer: B
Chapter 5.4 Pages 188 to 192
1) The issue in Griswold v. Connecticut (1965) was
A) cruel and unusual punishment.
B) search and seizure.
C) birth control for married couples.
D) abortion.
E) Miranda rights.
2) In Griswold v. Connecticut, the Supreme Court ruled that the Constitution guaranteed
A) zones of privacy.
B) the right to an abortion.
C) free speech during wartime.
D) the right to die.
E) trial by a jury of your peers.
3) The foundation for the Courtʹs decision in Roe v. Wade is the right to
A) privacy.
B) lethargy.
C) equality.
D) due process.
E) equal protection of the laws.
4) Which provision of the Constitution was used by the Supreme Court in deciding that
Americans had a right to marital privacy?
A) the full faith and credit clause
B) the elastic clause
C) the enumerated powers
D) the Ninth Amendment
E) the Thirteenth Amendment
5) In Roe v. Wade the Supreme Court found that women had
A) an absolute right to abortion.
B) a right to information on contraception.
C) the right to an abortion at government expense.
D) the right to premarital sex.
E) the limited right to abortion.
6) Under the Courtʹs decision in Planned Parenthood of Southeastern Pennsylvania v. Casey,
restrictions on the right to an abortion
A) must be based on ethical principles.
B) may not cause an undue burden for the pregnant woman.
C) must give equal consideration to the wishes of the prospective father.
D) must include fetal viability tests.
E) must be approved in a statewide referendum.
7) According to recent Supreme Court decisions regarding the constitutionality of various laws
restricting abortions, such laws
A) must require underage women to get their parentʹs permission in order to have an
abortion.
B) must require exceptions for the health of the prospective mother.
C) must prohibit all late-term abortions.
D) must pay for abortions for indigent women.
E) can not make it more difficult for pregnant women to obtain an abortion.
8) What did the Supreme Court decide in Lawrence v. Texas?
A) Abortion restrictions requiring parental consent for underage women must include
judicial bypass options.
B) Congress can not restrict access to abortions.
C) Homosexuality is ʺimmoral and repugnantʺ; therefore, states have a compelling interest
in limiting such behavior.
D) States can not criminalize private sexual behavior.
E) States can criminalize sodomy by heterosexual couples, but not by homosexual couples.
9) What is the status of Oregonʹs Death with Dignity Act?
A) The U.S. Supreme Court ruled it unconstitutional, finding there is no ʺright to die.ʺ
B) The Oregon Supreme Court ruled it unconstitutional, finding there is no ʺright to die.ʺ
C) The U.S. attorney general has successfully blocked Oregonʹs implementation of the law.
D) The U.S. attorney general has successfully prosecuted Oregon doctors who terminated
the medical treatment of terminally ill patients in accordance with their expressed
wishes.
E) The Supreme Court has upheld the Oregon law, despite federal attempts to block it.
A) cruel and unusual punishment.
B) search and seizure.
C) birth control for married couples.
D) abortion.
E) Miranda rights.
2) In Griswold v. Connecticut, the Supreme Court ruled that the Constitution guaranteed
A) zones of privacy.
B) the right to an abortion.
C) free speech during wartime.
D) the right to die.
E) trial by a jury of your peers.
3) The foundation for the Courtʹs decision in Roe v. Wade is the right to
A) privacy.
B) lethargy.
C) equality.
D) due process.
E) equal protection of the laws.
4) Which provision of the Constitution was used by the Supreme Court in deciding that
Americans had a right to marital privacy?
A) the full faith and credit clause
B) the elastic clause
C) the enumerated powers
D) the Ninth Amendment
E) the Thirteenth Amendment
5) In Roe v. Wade the Supreme Court found that women had
A) an absolute right to abortion.
B) a right to information on contraception.
C) the right to an abortion at government expense.
D) the right to premarital sex.
E) the limited right to abortion.
6) Under the Courtʹs decision in Planned Parenthood of Southeastern Pennsylvania v. Casey,
restrictions on the right to an abortion
A) must be based on ethical principles.
B) may not cause an undue burden for the pregnant woman.
C) must give equal consideration to the wishes of the prospective father.
D) must include fetal viability tests.
E) must be approved in a statewide referendum.
7) According to recent Supreme Court decisions regarding the constitutionality of various laws
restricting abortions, such laws
A) must require underage women to get their parentʹs permission in order to have an
abortion.
B) must require exceptions for the health of the prospective mother.
C) must prohibit all late-term abortions.
D) must pay for abortions for indigent women.
E) can not make it more difficult for pregnant women to obtain an abortion.
8) What did the Supreme Court decide in Lawrence v. Texas?
A) Abortion restrictions requiring parental consent for underage women must include
judicial bypass options.
B) Congress can not restrict access to abortions.
C) Homosexuality is ʺimmoral and repugnantʺ; therefore, states have a compelling interest
in limiting such behavior.
D) States can not criminalize private sexual behavior.
E) States can criminalize sodomy by heterosexual couples, but not by homosexual couples.
9) What is the status of Oregonʹs Death with Dignity Act?
A) The U.S. Supreme Court ruled it unconstitutional, finding there is no ʺright to die.ʺ
B) The Oregon Supreme Court ruled it unconstitutional, finding there is no ʺright to die.ʺ
C) The U.S. attorney general has successfully blocked Oregonʹs implementation of the law.
D) The U.S. attorney general has successfully prosecuted Oregon doctors who terminated
the medical treatment of terminally ill patients in accordance with their expressed
wishes.
E) The Supreme Court has upheld the Oregon law, despite federal attempts to block it.
Chapter 5.4 Pages 182 to 187
1) The standard that illegally seized evidence can not be used at trial is known as the
A) due process clause.
B) procedural rights rule.
C) exclusionary rule.
D) Mapp rule.
E) search and seizure rule.
2) The case Gideon v. Wainwright (1963) was about
A) self-incrimination.
B) right to counsel.
C) search and seizure.
D) trial by jury.
E) libel.
3) The Supreme Court ruled that ʺlawyers in criminal cases are necessities, not luxuriesʺ in the
case
A) Weeks v. U.S.
B) Mapp v. Ohio.
C) Gregg v. Georgia.
D) Gonzales v. O Centro Espirita Beneficente Unia ~ o Do Vegetal
E) Gideon v. Wainwright
4) The right to a speedy and public trial by an impartial jury is guaranteed by the ________
Amendment.
A) Third B) Sixth C) Seventh D) Eighth E) Tenth
5) Of the following, who is ineligible for the death penalty in the United States?
A) those from abusive families
B) alcoholics
C) those under the age of eighteen
D) the disabled
E) the mentally competent
6) Who is least likely to be eligible to serve on a jury?
A) the poor
B) women
C) African Americans
D) Hispanics
E) those who have prejudiced a case
7) The Eighth Amendment prohibits
A) unreasonable searches and seizures.
B) excessive bail and excessive fines.
C) trial by a jury of your peers.
D) capital punishment.
E) multiple appeals in felony cases.
8) In 2002, the Supreme Court ruled that mentally retarded convicts could not be executed for
capital murder because doing so would violate the
A) Declaration of the Rights of Man.
B) prohibition against prior restraint.
C) prohibition against double jeopardy.
D) due process clause.
E) ban on cruel and unusual punishment.
9) Why did Governor George Ryan declare a moratorium on all executions in Illinois in 2000?
A) A university class project had resulted in the release of several men from death row.
B) Governor Ryan had an epiphany while his mother was dying from lung cancer.
C) Governor Ryan believed that Biblical teachings prohibited state-sponsored killings.
D) Governor Ryan had recently joined the Religious Society of Friends, which practices
pacifism.
E) DNA from twenty recently executed Illinois men proved their innocence beyond a
reasonable doubt.
10) Where is the right to privacy enumerated in the Constitution?
A) in the Second Amendment
B) in the Third Amendment
C) in Article I, section 8
D) in the Preamble
E) The right to privacy is not specifically enumerated in the Constitution.
A) due process clause.
B) procedural rights rule.
C) exclusionary rule.
D) Mapp rule.
E) search and seizure rule.
2) The case Gideon v. Wainwright (1963) was about
A) self-incrimination.
B) right to counsel.
C) search and seizure.
D) trial by jury.
E) libel.
3) The Supreme Court ruled that ʺlawyers in criminal cases are necessities, not luxuriesʺ in the
case
A) Weeks v. U.S.
B) Mapp v. Ohio.
C) Gregg v. Georgia.
D) Gonzales v. O Centro Espirita Beneficente Unia ~ o Do Vegetal
E) Gideon v. Wainwright
4) The right to a speedy and public trial by an impartial jury is guaranteed by the ________
Amendment.
A) Third B) Sixth C) Seventh D) Eighth E) Tenth
5) Of the following, who is ineligible for the death penalty in the United States?
A) those from abusive families
B) alcoholics
C) those under the age of eighteen
D) the disabled
E) the mentally competent
6) Who is least likely to be eligible to serve on a jury?
A) the poor
B) women
C) African Americans
D) Hispanics
E) those who have prejudiced a case
7) The Eighth Amendment prohibits
A) unreasonable searches and seizures.
B) excessive bail and excessive fines.
C) trial by a jury of your peers.
D) capital punishment.
E) multiple appeals in felony cases.
8) In 2002, the Supreme Court ruled that mentally retarded convicts could not be executed for
capital murder because doing so would violate the
A) Declaration of the Rights of Man.
B) prohibition against prior restraint.
C) prohibition against double jeopardy.
D) due process clause.
E) ban on cruel and unusual punishment.
9) Why did Governor George Ryan declare a moratorium on all executions in Illinois in 2000?
A) A university class project had resulted in the release of several men from death row.
B) Governor Ryan had an epiphany while his mother was dying from lung cancer.
C) Governor Ryan believed that Biblical teachings prohibited state-sponsored killings.
D) Governor Ryan had recently joined the Religious Society of Friends, which practices
pacifism.
E) DNA from twenty recently executed Illinois men proved their innocence beyond a
reasonable doubt.
10) Where is the right to privacy enumerated in the Constitution?
A) in the Second Amendment
B) in the Third Amendment
C) in Article I, section 8
D) in the Preamble
E) The right to privacy is not specifically enumerated in the Constitution.
5.3 Pages 173-183
1) In Miller v. California (1973), the Supreme Court concluded that material was obscene if it
A) depicts sexual conduct in artistic way.
B) lacks literary, artistic, political, or scientific value.
C) violates ʺglobal standards of decency.ʺ
D) encourages lewd and lascivious thoughts.
E) all of the above.
2) Congress has passed several laws regulating childrenʹs access to pornography on the Internet.
In general, how has the Supreme Court responded to these laws?
A) The Court has upheld nearly every restriction Congress has enacted.
B) The Court has overturned nearly every restriction Congress has enacted.
C) The Court has upheld restrictions involving children under 14, but has overturned
restrictions involving children 14 years old or older.
D) The Court has upheld restrictions involving community standards, but has overturned
restrictions based on the Lemon test.
E) The Court has stayed out of the debate, consistently voting to deny cert to such cases.
3) Which of the following is NOT an enumerated First Amendment freedom?
A) religion B) speech C) assembly D) privacy E) petition
4) The last time the Supreme Court directly addressed the Second Amendment, it ruled that
A) Congress could restrict ownership of some weapons.
B) citizens have a constitutional right to use firearms to defend their personal property.
C) citizens have a constitutional right to use firearms to ʺensure domestic tranquility.ʺ
D) Congress can restrict firearms since they are more likely to be used for suicide than for
self defense.
E) only U.S. citizens who serve in the armed forces have a constitutional right to bear arms.
5) According to various Supreme Court decisions regarding the Fourth Amendment, what can
the police search without a warrant or consent?
A) the trunk of your car
B) a person being arrested
C) a person walking down the street in an African-American neighborhood
D) your home
E) your backpack
6) Someone who ʺtakes the Fifthʺ has
A) failed a mandatory drug test.
B) refused to testify against himself.
C) been given a breathalyzer test.
D) consented to a police search of his house or vehicle.
E) been read his Miranda rights.
7) Which of the following confessions was likely obtained properly?
A) a confession given after being beaten
B) a confession given after receiving ʺthe third degreeʺ
C) a confession given after a family member was threatened
D) a confession obtained from police questioning before the accused was read her Miranda
rights
E) a confession obtained from police questioning after the accused was read her Miranda
rights.
8) In 1966, the Supreme Court ruled that arrested individuals must be informed of their
constitutional rights in
A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Weeks v. United States
D) Gideon v. Wainwright
E) McCleskey v. Zant.
9) When Congress reexamined the Miranda decision in 2000, what did it decide?
A) No admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
B) Technicalities should not permit a guilty person to go free.
C) Suspects do not have to be read their Miranda rights unless they specifically ask what
rights they have.
D) In criminal cases, the benefit of the doubt should also go to the victim.
E) The Miranda decision was no longer relevant due to technological advances in criminal
justice.
10) When can someone be tried twice for the same offense?
A) when he is guilty
B) when new evidence comes to light after an acquittal
C) when he admits his guilt after an acquittal
D) when he is accused of murder, rape, or treason
E) never
A) depicts sexual conduct in artistic way.
B) lacks literary, artistic, political, or scientific value.
C) violates ʺglobal standards of decency.ʺ
D) encourages lewd and lascivious thoughts.
E) all of the above.
2) Congress has passed several laws regulating childrenʹs access to pornography on the Internet.
In general, how has the Supreme Court responded to these laws?
A) The Court has upheld nearly every restriction Congress has enacted.
B) The Court has overturned nearly every restriction Congress has enacted.
C) The Court has upheld restrictions involving children under 14, but has overturned
restrictions involving children 14 years old or older.
D) The Court has upheld restrictions involving community standards, but has overturned
restrictions based on the Lemon test.
E) The Court has stayed out of the debate, consistently voting to deny cert to such cases.
3) Which of the following is NOT an enumerated First Amendment freedom?
A) religion B) speech C) assembly D) privacy E) petition
4) The last time the Supreme Court directly addressed the Second Amendment, it ruled that
A) Congress could restrict ownership of some weapons.
B) citizens have a constitutional right to use firearms to defend their personal property.
C) citizens have a constitutional right to use firearms to ʺensure domestic tranquility.ʺ
D) Congress can restrict firearms since they are more likely to be used for suicide than for
self defense.
E) only U.S. citizens who serve in the armed forces have a constitutional right to bear arms.
5) According to various Supreme Court decisions regarding the Fourth Amendment, what can
the police search without a warrant or consent?
A) the trunk of your car
B) a person being arrested
C) a person walking down the street in an African-American neighborhood
D) your home
E) your backpack
6) Someone who ʺtakes the Fifthʺ has
A) failed a mandatory drug test.
B) refused to testify against himself.
C) been given a breathalyzer test.
D) consented to a police search of his house or vehicle.
E) been read his Miranda rights.
7) Which of the following confessions was likely obtained properly?
A) a confession given after being beaten
B) a confession given after receiving ʺthe third degreeʺ
C) a confession given after a family member was threatened
D) a confession obtained from police questioning before the accused was read her Miranda
rights
E) a confession obtained from police questioning after the accused was read her Miranda
rights.
8) In 1966, the Supreme Court ruled that arrested individuals must be informed of their
constitutional rights in
A) Mapp v. Ohio.
B) Miranda v. Arizona.
C) Weeks v. United States
D) Gideon v. Wainwright
E) McCleskey v. Zant.
9) When Congress reexamined the Miranda decision in 2000, what did it decide?
A) No admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
B) Technicalities should not permit a guilty person to go free.
C) Suspects do not have to be read their Miranda rights unless they specifically ask what
rights they have.
D) In criminal cases, the benefit of the doubt should also go to the victim.
E) The Miranda decision was no longer relevant due to technological advances in criminal
justice.
10) When can someone be tried twice for the same offense?
A) when he is guilty
B) when new evidence comes to light after an acquittal
C) when he admits his guilt after an acquittal
D) when he is accused of murder, rape, or treason
E) never
Chapter 5.2 Pages 164-172
1) In Zelman v. Simmons-Harris, a school voucher program that allowed parents to send their
kids to the school of their choice was found to be
A) unconstitutional because it favored Jewish schools over others.
B) unconstitutional because it allowed parents to use government funds for religious
instruction.
C) constitutional even though it favored Jewish schools over others.
D) constitutional because it was anti-religion.
E) constitutional because it was neutral toward religion.
2) Which of the following best describes George W. Bushʹs beliefs about the relationship between
government and religion?
A) Bush believes that there should be a strict separation between church and state.
B) Bush believes that Jimmy Carter and other Democratic presidents have infused too much
religion into government.
C) Bush believes that government funding of faith-based programs is a good idea.
D) Bush believes that Congress should deny funding to groups founded on religious
doctrine.
E) Bush believes that it is always wrong for religious groups to discriminate against
non-believers and gays.
3) The First Amendment says that
A) ʺThe states shall make no law... abridging the freedom of speech or of the press.ʺ
B) ʺThe president shall enforce no law... abridging the freedom of speech or of the press.ʺ
C) ʺCongress shall make no law... abridging the freedom of speech or of the press.ʺ
D) ʺThe Supreme Court shall uphold no law... abridging the freedom of speech or of the
press.ʺ
E) ʺNeither the states nor the Congress shall make any law... abridging the freedom of
speech or of the press.ʺ
4) The constitutional doctrine that government cannot prohibit speech or publication before the
fact is called
A) a priori limitation.
B) prior restraint.
C) amicus curiae.
D) in re Anastaplo.
E) the prohibition clause.
5) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of
speech if they constituted
A) abstract advocacy of overthrowing the government.
B) a threat to law and order.
C) seditious acts.
D) a clear and present danger to society.
E) disparaging remarks about government policies.
6) The direct incitement test allows government to limit speech
A) that is intended and likely to result in imminent lawless action.
B) that criticizes the government during wartime.
C) that advocates for a non-democratic form of government.
D) of accused terrorists.
E) that is likely to be offensive according to contemporary community standards.
7) In a case involving Gregory Johnson, the Supreme Court ruled that
A) limits on campaign spending were unconstitutional.
B) limits on campaign contributions were unconstitutional.
C) flag burning was constitutionally protected freedom of speech.
D) cross burning was constitutionally protected freedom of speech.
E) pornography was constitutionally protected freedom of speech, but obscenity could be
limited.
8) In New York Times v. Sullivan (1964), the Supreme Court ruled that
A) libel and slander were constitutionally protected forms of speech.
B) ʺactual maliceʺ must be proved to support libel against a public figure.
C) prior restraint was unconstitutional.
D) false or negligent speech was not protected by the First Amendment.
E) the government could prevent the New York Times from publishing stolen classified
military documents.
9) Which of the following types of speech can government restrict?
A) slander
B) symbolic speech
C) political speech
D) unpopular speech
E) hate speech
10) In which decision did the Supreme Court rule that material is obscene and can be restricted if
it is ʺutterly without redeeming social importanceʺ and appeals primarily to the ʺprurient
interestʺ?
A) Reno v. American Civil Liberties Union
B) Chaplinsky v. New Hampshire.
C) Near v. Minnesota.
D) The People v. Larry Flynt.
E) Roth v. U.S.
kids to the school of their choice was found to be
A) unconstitutional because it favored Jewish schools over others.
B) unconstitutional because it allowed parents to use government funds for religious
instruction.
C) constitutional even though it favored Jewish schools over others.
D) constitutional because it was anti-religion.
E) constitutional because it was neutral toward religion.
2) Which of the following best describes George W. Bushʹs beliefs about the relationship between
government and religion?
A) Bush believes that there should be a strict separation between church and state.
B) Bush believes that Jimmy Carter and other Democratic presidents have infused too much
religion into government.
C) Bush believes that government funding of faith-based programs is a good idea.
D) Bush believes that Congress should deny funding to groups founded on religious
doctrine.
E) Bush believes that it is always wrong for religious groups to discriminate against
non-believers and gays.
3) The First Amendment says that
A) ʺThe states shall make no law... abridging the freedom of speech or of the press.ʺ
B) ʺThe president shall enforce no law... abridging the freedom of speech or of the press.ʺ
C) ʺCongress shall make no law... abridging the freedom of speech or of the press.ʺ
D) ʺThe Supreme Court shall uphold no law... abridging the freedom of speech or of the
press.ʺ
E) ʺNeither the states nor the Congress shall make any law... abridging the freedom of
speech or of the press.ʺ
4) The constitutional doctrine that government cannot prohibit speech or publication before the
fact is called
A) a priori limitation.
B) prior restraint.
C) amicus curiae.
D) in re Anastaplo.
E) the prohibition clause.
5) In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of
speech if they constituted
A) abstract advocacy of overthrowing the government.
B) a threat to law and order.
C) seditious acts.
D) a clear and present danger to society.
E) disparaging remarks about government policies.
6) The direct incitement test allows government to limit speech
A) that is intended and likely to result in imminent lawless action.
B) that criticizes the government during wartime.
C) that advocates for a non-democratic form of government.
D) of accused terrorists.
E) that is likely to be offensive according to contemporary community standards.
7) In a case involving Gregory Johnson, the Supreme Court ruled that
A) limits on campaign spending were unconstitutional.
B) limits on campaign contributions were unconstitutional.
C) flag burning was constitutionally protected freedom of speech.
D) cross burning was constitutionally protected freedom of speech.
E) pornography was constitutionally protected freedom of speech, but obscenity could be
limited.
8) In New York Times v. Sullivan (1964), the Supreme Court ruled that
A) libel and slander were constitutionally protected forms of speech.
B) ʺactual maliceʺ must be proved to support libel against a public figure.
C) prior restraint was unconstitutional.
D) false or negligent speech was not protected by the First Amendment.
E) the government could prevent the New York Times from publishing stolen classified
military documents.
9) Which of the following types of speech can government restrict?
A) slander
B) symbolic speech
C) political speech
D) unpopular speech
E) hate speech
10) In which decision did the Supreme Court rule that material is obscene and can be restricted if
it is ʺutterly without redeeming social importanceʺ and appeals primarily to the ʺprurient
interestʺ?
A) Reno v. American Civil Liberties Union
B) Chaplinsky v. New Hampshire.
C) Near v. Minnesota.
D) The People v. Larry Flynt.
E) Roth v. U.S.
Chapter 5 Civil Liberties-Pages 157-164
1) In 2006, a rally was held on the national Mall in Washington to encourage the U.S. government
to do more to end genocide in the Darfur region of Sudan. Such events are protected by
A) the First Amendment.
B) the Second Amendment.
C) the Tenth Amendment.
D) the Fourteenth Amendment.
E) the Twenty-Seventh Amendment.
2) Where can the Bill of Rights be found?
A) the Declaration of Independence
B) the Declaration of the Rights of Man
C) the Preamble of the Constitution
D) Article IV of the Constitution
E) the first 10 amendments to the Constitution
3) What does the Ninth Amendment to the Constitution say?
A) All non-enumerated powers of government belong to the states.
B) Citizens have rights beyond those listed in the Constitution.
C) States have the right to maintain state militias.
D) Government can not discriminate on the basis of race, gender, or national origin.
E) It guarantees the right to petition the government for a redress of grievances.
4) What was the Supreme Courtʹs decision in Barron v. Baltimore?
A) All citizens are entitled to substantive due process.
B) Government can not infringe on citizensʹ ʺfundamental freedoms.ʺ
C) The incorporation doctrine is an unconstitutional infringement on statesʹ rights.
D) The Bill of Rights did not restrict the actions of state governments.
E) The direct incitement test is consistent with the First Amendmentʹs guarantee of freedom
of speech.
5) The Supreme Court ruled that states could not limit free speech protections guaranteed by the
Constitution in
A) Near v. Minnesota.
B) Gitlow v. New York.
C) Palko v. Connecticut.
D) Pointer v. Texas.
E) Romer v. Evans.
6) What is the foundation of the incorporation doctrine?
A) the Ninth Amendment
B) the Tenth Amendment
C) the Fourteenth Amendment
D) Abraham Lincolnʹs Incorporation Proclamation
E) the necessary and proper clause
7) According to the incorporation doctrine,
A) the due process clause requires states to abide by provisions in the Bill of Rights.
B) corporations have the same legal rights as citizens.
C) the Ninth Amendment compels states to restrict ʺlife, liberty, and propertyʺ without due
process of law.
D) Congress must enforce the fundamental freedoms doctrine consistently, regardless of the
race or gender of those involved.
E) Congress has no authority to regulate economic conditions.
8) Which of the following freedoms is absolute and can not be limited by government?
A) freedom of religion
B) freedom of speech
C) freedom to believe
D) freedom to act
E) All of the freedoms listed above are absolute.
9) The establishment clause
A) prohibits the adoption of an official national religion.
B) tears down the wall of separation between church and state.
C) establishes a national church and a national religion.
D) requires all elected officials to pass a religious test before taking office.
E) prohibits the government from interfering with citizensʹ religious practices.
10) Which of the following best describes the trend in recent Supreme Court decisions regarding
the separation of church and state?
A) The Supreme Court has consistently prohibited all government aid to religious schools.
B) The Supreme Court has permitted school districts to continue school-sponsored prayers.
C) The Supreme Court has required states to demonstrate a ʺcompelling moral or ethicalʺ
rationale for various entanglements between church and state.
D) The Supreme Court has been further increasing the separation of church and state.
E) The Supreme Court has been reducing the required separation between church and state.
to do more to end genocide in the Darfur region of Sudan. Such events are protected by
A) the First Amendment.
B) the Second Amendment.
C) the Tenth Amendment.
D) the Fourteenth Amendment.
E) the Twenty-Seventh Amendment.
2) Where can the Bill of Rights be found?
A) the Declaration of Independence
B) the Declaration of the Rights of Man
C) the Preamble of the Constitution
D) Article IV of the Constitution
E) the first 10 amendments to the Constitution
3) What does the Ninth Amendment to the Constitution say?
A) All non-enumerated powers of government belong to the states.
B) Citizens have rights beyond those listed in the Constitution.
C) States have the right to maintain state militias.
D) Government can not discriminate on the basis of race, gender, or national origin.
E) It guarantees the right to petition the government for a redress of grievances.
4) What was the Supreme Courtʹs decision in Barron v. Baltimore?
A) All citizens are entitled to substantive due process.
B) Government can not infringe on citizensʹ ʺfundamental freedoms.ʺ
C) The incorporation doctrine is an unconstitutional infringement on statesʹ rights.
D) The Bill of Rights did not restrict the actions of state governments.
E) The direct incitement test is consistent with the First Amendmentʹs guarantee of freedom
of speech.
5) The Supreme Court ruled that states could not limit free speech protections guaranteed by the
Constitution in
A) Near v. Minnesota.
B) Gitlow v. New York.
C) Palko v. Connecticut.
D) Pointer v. Texas.
E) Romer v. Evans.
6) What is the foundation of the incorporation doctrine?
A) the Ninth Amendment
B) the Tenth Amendment
C) the Fourteenth Amendment
D) Abraham Lincolnʹs Incorporation Proclamation
E) the necessary and proper clause
7) According to the incorporation doctrine,
A) the due process clause requires states to abide by provisions in the Bill of Rights.
B) corporations have the same legal rights as citizens.
C) the Ninth Amendment compels states to restrict ʺlife, liberty, and propertyʺ without due
process of law.
D) Congress must enforce the fundamental freedoms doctrine consistently, regardless of the
race or gender of those involved.
E) Congress has no authority to regulate economic conditions.
8) Which of the following freedoms is absolute and can not be limited by government?
A) freedom of religion
B) freedom of speech
C) freedom to believe
D) freedom to act
E) All of the freedoms listed above are absolute.
9) The establishment clause
A) prohibits the adoption of an official national religion.
B) tears down the wall of separation between church and state.
C) establishes a national church and a national religion.
D) requires all elected officials to pass a religious test before taking office.
E) prohibits the government from interfering with citizensʹ religious practices.
10) Which of the following best describes the trend in recent Supreme Court decisions regarding
the separation of church and state?
A) The Supreme Court has consistently prohibited all government aid to religious schools.
B) The Supreme Court has permitted school districts to continue school-sponsored prayers.
C) The Supreme Court has required states to demonstrate a ʺcompelling moral or ethicalʺ
rationale for various entanglements between church and state.
D) The Supreme Court has been further increasing the separation of church and state.
E) The Supreme Court has been reducing the required separation between church and state.
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