Sunday, March 24, 2013
Sabato 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
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
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
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.
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 6.5 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.
Saturday, March 16, 2013
The Key Clauses: The Impact of the Due Process
Introduction
The Fourteenth Amendment has arguably had a greater impact than any other provision
of the U.S. Constitution on state and local government. This impact derives from the
amendment’s incorporation of the protections afforded by the Bill of Rights, its establishment
of national and state citizenship, and the protections afforded by two critical clauses: the due
process clause and the equal protection clause. This essay will explain how these two clauses
have affected the operations of state and local governments, explaining the Supreme Court’s
interpretation and application of each clause as well as how state and local governments have
responded to these rulings.
Due Process: Substantive and Procedural
The due process clause of the Fourteenth Amendment states simply that no “State [shall]
deprive any person of life, liberty, or property, without due process of law.” In interpreting
this clause, the Supreme Court has recognized two types of due process: procedural due
process and substantive due process.
Substantive due process, the more complex concept, addresses whether there are certain
areas where government action or regulation is inherently “undue,” a quality of action that
government simply cannot undertake. In the first three decades of the twentieth century the
Court occasionally ruled unconstitutional certain state regulations on businesses because
it felt they were outside the “due” scope of governmental powers. Some commentators
use this same line of reasoning today to argue that certain private behaviors, such as
reproductive issues and sexual orientation and behavior, are also outside the realm of
appropriate (or “due”) government powers. However, because this complex concept is one
the Court has largely eschewed, this essay focuses on the more obvious and commonly
applied concept of procedural due process.
Procedural due process is understood to mean that when a state or local government seeks
to take some sort of action against an individual that adversely affects that individual (their
life, liberty, or property), the state must follow certain procedures to protect the individual’s
rights. The most obvious example is in criminal proceedings. In order to deprive someone
of his or her liberty (through incarceration), property (through fines or forfeitures), or life
(by capital punishment), states must abide by certain procedures. The accused person must
be provided an attorney, cannot be subject to unreasonable searches, does not have to testify
against himself or herself, must be given the option of a trial by jury, is protected against
double jeopardy, and is protected against cruel or unusual punishments (among other
protections).
However, state and local governments are responsible for more than just criminal
proceedings. Institutions such as public universities, parks, school districts and individual
schools, and public libraries are all considered forms of state “government.” This means
that the due process clause applies to them as well. As a result, these bodies must provide
procedural due process in their actions against individuals, whether that action is to
dismiss a tenured professor or teacher, terminate welfare benefits, or revoke parole or
probation.
An example relevant to high school students is a school district’s power to suspend or
expel students. The Supreme Court has ruled that a child has a property interest in a public
education (in other words, a public education has a material benefit to children), and so
depriving a student of access to public education is “a serious event in the life of a suspended
child.”2 Even if a student is to be suspended for 10 days or fewer, the Court has held that
due process requires “that the student be given oral or written notice of the charges against
him (or her), and if he (or she) denies them, an explanation of the evidence the authorities
have and an opportunity to present his (or her) side of the story.”3 However, the Supreme
Court has also recognized that schools need to maintain order, and it would be impractical
to require a school district to go to court every time it sought to suspend or expel a student,
or to provide an attorney to students. Instead, school districts must create and abide by
processes that give a student notice of the charges against him or her and the ability to
respond to those charges. School boards are then responsible for determining the guilt or
innocence of the student and the appropriate punishments. In short, the due process clause protects individuals from the arbitrary adverse actions of state or local governments by ensuring that procedural safeguards are followed.
Critical Questions on Due Process for Classroom Discussion
1. While many states and school districts have banned corporal punishment, the Supreme
Court did not require the same procedural due process requirements for corporal
punishment as it did to suspensions and expulsions. What disciplinary actions should
schools be allowed to impose on students without providing procedural due process to
the student? What elements of due process should students always be entitled to? How
would these procedural protections affect school order?
2. How fair or effective are the due process rights defendants receive today? Is it enough
that defendants be provided with a free attorney if they cannot afford one, or do they
have a right to expect the same quality of legal representation that persons who can
afford the best attorneys receive? Should taxpayers pay the defendant’s costs for tools
such as DNA testing, psychological or psychiatric evaluation, or expert witnesses?
The Equal Protection Clause and Strict Scrutiny
While the Declaration of Independence states as a self-evident truth that “all men are created
equal,” it took nearly a century after Thomas Jefferson penned those words for the concept
of equality to find its way into the U.S. Constitution. The equal protection clause of the
Fourteenth Amendment, the first place in the U.S. Constitution in which the fundamental
equality of individuals is acknowledged, states that “no state shall . . . deny to any person
within its jurisdiction the equal protection of the laws.” This clause has become a powerful
tool in striking down discriminatory state laws, but it raises the question: what does “equal
protection” mean?
Importantly, the equal protection clause does not mean that everyone must be treated equally
by the state. Rather, it means that a state government must provide “equal protection”; that
is, when a state government treats people differently, it must have reasonable—and in some
cases compelling—reasons for doing so.
An effective way to convey these different levels of scrutiny is to describe three hurdles of
varying height. The highest hurdle that state laws need to clear in order to be upheld is the
“strict scrutiny” standard. This standard requires that the government show that it has a
compelling reason for the law in question, and that that compelling reason also advances a
legitimate end of government. In equal protection cases, compelling reasons are necessary
when different treatment by the government is based on race or national origin. These
categories are called “suspect” classifications because of the history of de jure discrimination
minority groups have experienced from state governments. Put differently, laws that treat
people differently based on their race or national origin are considered to be the most
suspect, and the courts use the “strict scrutiny” standard to determine whether they violate
the equal protection clause. The state government must show that there is a compelling need
for the law, and that the differing treatment based on race or national origin is necessary to
achieving that compelling need. As a result of this strict standard, most laws that treat people
differently because of their race or national origin have been struck down by the courts.
This standard was stated particularly clearly in a case that upheld a race-based restriction.
Soon after the Japanese attack on Pearl Harbor in December 1941, the U.S. government
ordered that citizens of Japanese descent be “excluded” from large areas of the country
near the Pacific Ocean. In Korematsu v. United States (1944) the Supreme Court upheld
the constitutionality of this policy while still applying the strict scrutiny standard for equal
protection claims. In the majority decision of the Court, “Legal restrictions which curtail the
civil rights of a single racial group are immediately suspect. That is not to say that all such
restrictions are unconstitutional. It is to say that courts must subject them to the most rigid
scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions;
racial antagonism never can.” Importantly, while the Court in Korematsu found a compelling
reason to segregate Japanese Americans, it should be stressed that few constitutional scholars
today agree with the Court’s reasoning, and in 1988 Congress awarded every formerly
interned Japanese American $20,000 in reparations. Each also received an apology on behalf
of the American people signed by President Ronald Reagan. Nonetheless, Korematsu is a
clear example of the application of the strict scrutiny standard for Equal Protection claims.
A useful example of a case when the Court used the strict scrutiny standard to strike down a
law comes from 1966. In Katzenbach v. Morgan the Court struck down a New York election
law that required that voters be able to read and write English.5 In the just-enacted Voting
Rights Act of 1965, however, Congress had declared that no person could be denied the right
to vote in any election because of his or her inability to read or write English. In invalidating
the New York law the Supreme Court contended that New York violated the equal protection
clause by denying equal treatment to non-English speakers because of their national origin.
As a result of this ruling, local election jurisdictions are required by the Voting Rights
Act to provide ballots in multiple languages whenever five percent of the people in their
jurisdiction belong to a “language minority.”
Intermediate Scrutiny and Legitimate State Purposes
The second highest hurdle for laws to clear in equal protection cases is for laws based
on gender (sex). State governments have passed many laws that treat men and women
differently, but unlike race-based laws, the courts have adopted an “intermediate strategy”
to determine if these laws are constitutional. The logic underpinning this determination is
that there are more legitimate reasons to treat people differently based on their gender than
on their race, but that the long history of gender-based discrimination means that we must
be initially skeptical about those reasons. The states thus have a higher hurdle to clear with
gender-based laws than with other laws, but not so high a hurdle to clear as with race-based
laws.
Under the intermediate scrutiny standard, the Supreme Court has upheld a state law that
punished men but not women for sexual intercourse if the woman was younger than 18.6 It
upheld a federal law requiring males to register for the draft but not women,7 while striking
down another law that awarded widows a survivor’s benefi t but not widowers. However, it
also required Mississippi University for Women, a state-supported all-female institution, to
admit men to its nursing program.
The Impact of the Due Process and Equal Protection Clauses on State and Local Governments Special Focus: The Incorporation Doctrine
Finally, the lowest and easiest hurdle for laws to clear exists for laws treating people
differently for reasons other than their race or gender. According to judicial doctrines,
these need only have a “rational basis” for their existence and be linked to a “legitimate state
purpose.” For example, the progressive income tax used by the federal government and
34 states treats people unequally: Wealthier taxpayers are assessed a higher tax rate than
poorer taxpayers. Advocates of progressive taxes justify this nominally unequal treatment by
pointing out there is a rational basis for such unequal treatment in that wealthier individuals
have greater discretionary income than poor individuals, and can thus afford to pay more.
Raising revenue to fund its operations and activities is also clearly a legitimate state function.
Progressive income tax rates are thus acceptable under the equal protection clause. However,
were a state to impose a higher income tax rate on men than on women, or a tax on whites
but not on blacks, it would be a clear violation of the clause.
In short, if a state passes a law that treats people differently because of their race or national
origin, it must have a compelling reason for doing so; if it passes a law based on gender, it
must have a very good reason for doing so. Finally, if it treats people diff erently for reasons
other than race, national origin, or gender, it must merely have a reasonable (or good) reason
for doing so.
The Equal Protection Clause and Court Decisions
The equal protection clause is the underpinning of some of the most momentous and
controversial Supreme Court decisions in American political history, as it is the metric
against which school segregation and affirmative action programs have been measured.
In Plessy v. Ferguson (1896) the Supreme Court ruled that state laws segregating the races
in public facilities did not violate the equal protection clause so long as those facilities were
equal, even if they were separate. This “separate but equal” doctrine protected so-called
“Jim Crow” laws throughout the South for over half a century. In 1954, however, the
Supreme Court famously ruled that separate facilities were inherently unequal,9 and hence
a violation of the equal protection clause. This started an avalanche in which countless
segregationist laws were struck down or repealed, but also raised new dilemmas for state and
local governments.
In many areas, not only did state laws or local rules segregate children into white and black
schools, business practices also effectively segregated the races residentially. As a result, even
if rules creating separate schools for each race were eliminated, the schools would still be
effectively segregated because the neighborhoods surrounding them and feeding into them
were segregated.
In order to integrate the races into their schools, school districts have tried many different
approaches. One strategy was to bus students who lived in one area to a school in a different
area. This generally meant taking black or Hispanic students from their largely minority
neighborhoods and busing them to largely white schools in largely white neighborhoods.
Another strategy was to create magnet schools in minority neighborhoods. These magnet
schools would offer special programs to attract white students to the largely minority
neighborhoods. Yet another strategy was to abandon the concept of neighborhood schools
and instead assign families to schools based on the racial makeup of that school.10
Equally controversial for state and local governments has been the issue of affirmative action.
One of the key unresolved issues in constitutional law—and hence in state and local diversity
eff orts—has been whether laws or ordinances intended to correct discrimination against
one group can violate the equal protection clause by discriminating in turn against another
group. How far can public colleges and universities go in trying to admit more African
American and Hispanic students (or fewer white and Asian students)? What can local
governments due to try to steer or reserve contracts for minority-owned businesses without
discriminating against white-owned businesses?
In the end, the equal protection clause has proven to be a powerful tool not in promoting
equality, which is neither the clause’s intent nor function, but in reducing discriminatory
acts by government. Coupled with the power of the due process clause, the equal protection
clause has undoubtedly expanded the protections individuals have from capricious or
arbitrary government actions.
Critical Questions on Equal Protection for Classroom Discussion
1. What are some compelling reasons to treat people differently because of their race or
ancestry?
2. In creating an intermediate standard for gender-based laws, the Supreme Court has
essentially argued there are sometimes good reasons for treating men and women
differently. What are some of the reasons to treat men and women differently?
Chapter 5 Civil Liberties Multiple-Choice Questions-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.
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.
5.3 Pages 173 to 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 5.4 Page 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.
Chapter 5.5 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.
Tuesday, March 5, 2013
2005 FRQ on Judiciary
A1. One way in which the judiciary is insulated from public opinion relates to
life-long tenure. Alexander Hamilton in Federalist #78 points out that one
protection from corruptible influences was the fact that justices were to be
appointed for life and not to be replaced for making potentially unfavorable
decisions.
A2. Another way in which the judiciary is insulated from public opinion relates
to the fact that Supreme Court justices are appointed and not elected.
Therefore a potential justice does not have to appeal (i.e. campaign) to a
multiplicity of interests in order to secure his/her job. Nor can the justice
be voted out of his/her job along with the party out of power.
B1. One factor that works to keep Supreme Court justices from deviating too far
from public opinion is relates to their perception of remaining relevant. The
Supreme Court was not granted the authority to enforce their decisions.
Therefore, they are completely beholden to elected officials and thus the
public to carry out their rulings. The Deep South had a long history of
ignoring Supreme Court decisions relating to correcting racial inequality.
Andrew Jackson famously gloated that John Marshall might have made the
law but didn’t have the ability to enforce it. The Supreme Court must base
its decisions on relevancy and in affect convince the public to accept and
ultimately carry out its rulings.
B2. Another factor that works to keep Supreme Court justices from deviating
too far from public opinion relates to their nomination process. One lesson
for prospective Supreme Court nominees is that they cannot deviate too far
from the mainstream in order to be selected and ultimately confirmed to
office. If their views are considered “too extreme” (as Robert Bork’s were)
they may fail to win confirmation in the Senate. Interest groups work long
and hard to sabotage a nominee that projects himself as too far out of the
mainstream.
Saturday, March 2, 2013
Bureacracy 9.1
Chapter 9.1 Pages 318 to 321
1) The ability of a victorious president to fire current executive branch employees and hire
loyalists instead is known as
A) the loyalty oath.
B) the spoils system.
C) perks.
D) encumbrances.
E) a right of passage.
2) The Civil War led to
A) an expansion of the bureaucracy.
B) a contraction of the bureaucracy.
C) the end of the spoils system.
D) the creation of the Department of War.
E) the abolition of the Department of State.
3) Under the Pendleton Act, civil servants were to be selected on the basis of
A) the spoils system.
B) patronage.
C) seniority.
D) party affiliation.
E) merit.
4) An agency created by Congress that is generally concerned with a specific aspect of the
economy is called
A) a bureau of the first class.
B) a committee on correspondence.
C) an independent regulatory commission.
D) a Cabinet-level agency.
E) a self-serving agency.
5) The Department of Commerce and Labor was established by ________ to oversee and regulate
intolerable labor practices and employer-employee relations.
A) Abraham Lincoln
B) James Garfield
C) Teddy Roosevelt
D) Franklin Delano Roosevelt
E) Dwight Eisenhower
6) The number of federal executive branch employees has
A) increased steadily since the founding.
B) increased steadily since the New Deal.
C) increased steadily since the Great Society.
D) decreased steadily since the New Deal.
E) decreased under Presidents Bill Clinton and George W. Bush.
7) The number of federal government employees was largest
A) in the wake of the September 11, 2001 terrorist attacks.
B) during the Civil War.
C) during World War I.
D) during the New Deal and World War II.
E) during the Great Society.
8) In 1914, the Wilson administration created the ________ to protect small business and the
public from unfair competition.
A) Interstate Commerce Commission
B) Department of Economic Affairs
C) Department of Commerce
D) National Labor Relations Board
E) Federal Trade Commission
9) How did the Sixteenth Amendment enable the federal government to expand?
A) It permitted an income tax which could be used to fund numerous government
programs.
B) It permitted the federal government to regulate interstate commerce, thereby expanding
its authority.
C) It prohibited the states from regulating intrastate commerce, allowing the federal
government to take over in this domain.
D) It authorized Congress to ʺwhatever laws may be necessary in Times of Economic Peril
or Crisis.ʺ
E) It authorized Congress to create the Interstate Commerce Commission and gave it the
authority to regulate workplace conditions
.
1) The ability of a victorious president to fire current executive branch employees and hire
loyalists instead is known as
A) the loyalty oath.
B) the spoils system.
C) perks.
D) encumbrances.
E) a right of passage.
2) The Civil War led to
A) an expansion of the bureaucracy.
B) a contraction of the bureaucracy.
C) the end of the spoils system.
D) the creation of the Department of War.
E) the abolition of the Department of State.
3) Under the Pendleton Act, civil servants were to be selected on the basis of
A) the spoils system.
B) patronage.
C) seniority.
D) party affiliation.
E) merit.
4) An agency created by Congress that is generally concerned with a specific aspect of the
economy is called
A) a bureau of the first class.
B) a committee on correspondence.
C) an independent regulatory commission.
D) a Cabinet-level agency.
E) a self-serving agency.
5) The Department of Commerce and Labor was established by ________ to oversee and regulate
intolerable labor practices and employer-employee relations.
A) Abraham Lincoln
B) James Garfield
C) Teddy Roosevelt
D) Franklin Delano Roosevelt
E) Dwight Eisenhower
6) The number of federal executive branch employees has
A) increased steadily since the founding.
B) increased steadily since the New Deal.
C) increased steadily since the Great Society.
D) decreased steadily since the New Deal.
E) decreased under Presidents Bill Clinton and George W. Bush.
7) The number of federal government employees was largest
A) in the wake of the September 11, 2001 terrorist attacks.
B) during the Civil War.
C) during World War I.
D) during the New Deal and World War II.
E) during the Great Society.
8) In 1914, the Wilson administration created the ________ to protect small business and the
public from unfair competition.
A) Interstate Commerce Commission
B) Department of Economic Affairs
C) Department of Commerce
D) National Labor Relations Board
E) Federal Trade Commission
9) How did the Sixteenth Amendment enable the federal government to expand?
A) It permitted an income tax which could be used to fund numerous government
programs.
B) It permitted the federal government to regulate interstate commerce, thereby expanding
its authority.
C) It prohibited the states from regulating intrastate commerce, allowing the federal
government to take over in this domain.
D) It authorized Congress to ʺwhatever laws may be necessary in Times of Economic Peril
or Crisis.ʺ
E) It authorized Congress to create the Interstate Commerce Commission and gave it the
authority to regulate workplace conditions
.
Buaucracy 9.2
Chapter 9.2 Pages 321 to 329
1) Franklin Roosevelt believed that the best way to get the country out of the Great Depression
was
A) through a hands-off approach.
B) through a laissez-faire approach.
C) through far-ranging government intervention in the economy.
D) by taxing unemployed Americans in order to provide an incentive for them to find work.
E) massive grants to private corporations so that they could afford to hire unemployed
Americans.
2) During the New Deal, thousands of unemployed Americans were hired to complete public
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
3) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
4) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
5) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
6) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
7) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
8) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
9) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
10) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
11) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
1) Franklin Roosevelt believed that the best way to get the country out of the Great Depression
was
A) through a hands-off approach.
B) through a laissez-faire approach.
C) through far-ranging government intervention in the economy.
D) by taxing unemployed Americans in order to provide an incentive for them to find work.
E) massive grants to private corporations so that they could afford to hire unemployed
Americans.
2) During the New Deal, thousands of unemployed Americans were hired to complete public
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
3) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
4) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
5) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
6) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
7) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
8) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
9) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
10) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
11) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
Bureacracy 9.3
Chapter 9.3 Pages 329 to 335
1) A business established by government that performs functions that could be provided by the
private sector is called a(n)
A) independent regulatory commission.
B) government corporation.
C) clientele agency.
D) executive agency.
E) pluralistic agency.
2) An example of a government corporation is
A) the United Parcel Service.
B) Federal Express.
C) the National Aeronautics and Space Administration.
D) Amtrak.
E) the National Science Foundation.
3) The Tennessee Valley Authority was established to
A) promote economic development in Tennessee.
B) provide electricity to a part of the country that had not been served by private utilities.
C) ensure the continued provision of rail transportation.
D) help the South recover from reconstruction.
E) provide jobs to displaced Appalachian coal miners.
4) The Environmental Protection Agency is a(n)
A) independent regulatory agency.
B) independent executive agency.
C) government corporation.
D) Cabinet department.
E) clientele agency.
5) The law enacted in 1939 to prohibit federal employees from becoming directly involved in
political campaigns was called the
A) Campaign Reform Act.
B) Federal Employees Political Activities Act.
C) Pendleton Act.
D) Help America Vote Act.
E) Hatch Act.
6) Federal employees are prohibited from engaging in which of the following election-related
activities?
A) running for office in a nonpartisan election
B) voting
C) contributing money to a campaign
D) campaigning for a person in a partisan election
E) engaging in political activity while on duty
7) The process by which a law or policy is put into operation by the bureaucracy is known as
A) implementation.
B) adjudication.
C) supplementation.
D) sequestration.
E) fertilization.
8) The loose and informal relationships that exist among a large number of actors who work in
broad policy areas are known as
A) iron triangles.
B) interagency councils.
C) cooperative back scratching.
D) issue networks.
E) interagency substructures.
9) Most bureaucrats have some leeway in their ability to make choices regarding the best way to
implement policies. This is called
A) rule-making.
B) administrative discretion.
C) adjudication.
D) selective extrapolation.
E) elasticity.
10) As established by the Administrative Procedures Act, bureaucratic rule-making requires all of
the following EXCEPT
A) a thirty-day period before the rules take effect.
B) publication in the Federal Register.
C) an opportunity for written public input.
D) that the statutory purpose and basis of the proposed rule be stated.
E) that Congress submit a written statement that the proposed rule complies with federal
law.
1) A business established by government that performs functions that could be provided by the
private sector is called a(n)
A) independent regulatory commission.
B) government corporation.
C) clientele agency.
D) executive agency.
E) pluralistic agency.
2) An example of a government corporation is
A) the United Parcel Service.
B) Federal Express.
C) the National Aeronautics and Space Administration.
D) Amtrak.
E) the National Science Foundation.
3) The Tennessee Valley Authority was established to
A) promote economic development in Tennessee.
B) provide electricity to a part of the country that had not been served by private utilities.
C) ensure the continued provision of rail transportation.
D) help the South recover from reconstruction.
E) provide jobs to displaced Appalachian coal miners.
4) The Environmental Protection Agency is a(n)
A) independent regulatory agency.
B) independent executive agency.
C) government corporation.
D) Cabinet department.
E) clientele agency.
5) The law enacted in 1939 to prohibit federal employees from becoming directly involved in
political campaigns was called the
A) Campaign Reform Act.
B) Federal Employees Political Activities Act.
C) Pendleton Act.
D) Help America Vote Act.
E) Hatch Act.
6) Federal employees are prohibited from engaging in which of the following election-related
activities?
A) running for office in a nonpartisan election
B) voting
C) contributing money to a campaign
D) campaigning for a person in a partisan election
E) engaging in political activity while on duty
7) The process by which a law or policy is put into operation by the bureaucracy is known as
A) implementation.
B) adjudication.
C) supplementation.
D) sequestration.
E) fertilization.
8) The loose and informal relationships that exist among a large number of actors who work in
broad policy areas are known as
A) iron triangles.
B) interagency councils.
C) cooperative back scratching.
D) issue networks.
E) interagency substructures.
9) Most bureaucrats have some leeway in their ability to make choices regarding the best way to
implement policies. This is called
A) rule-making.
B) administrative discretion.
C) adjudication.
D) selective extrapolation.
E) elasticity.
10) As established by the Administrative Procedures Act, bureaucratic rule-making requires all of
the following EXCEPT
A) a thirty-day period before the rules take effect.
B) publication in the Federal Register.
C) an opportunity for written public input.
D) that the statutory purpose and basis of the proposed rule be stated.
E) that Congress submit a written statement that the proposed rule complies with federal
law.
Bureacracy 9.4
Chapter 9.4 Pages 334 to 342
1) A quasi-judicial process in which a bureaucratic agency settles disputes between two parties is
called administrative
A) supplementation.
B) discretion.
C) justice.
D) adjudication.
E) meditation.
2) Which of the following best describe the George W. Bush administrationʹs position regarding
Title IX?
A) Funding for womenʹs collegiate athletics should be equal to funding for menʹs collegiate
athletics.
B) There should be an equal number of sports teams for womenʹs collegiate athletics as for
menʹs collegiate athletics.
C) There should be an equal number of women collegiate athletes as men collegiate athletes.
D) Womenʹs collegiate athletics should receive less funding than menʹs collegiate athletics
because there is less interest in womenʹs athletics.
E) Women should be discouraged from participating in collegiate athletics because of their
ʺdelicate disposition and volatile temperament.ʺ
3) In 1997 and 1998, Congress conducted hearings to investigate
A) potential abuse of ordinary citizens by the IRS.
B) why the IRS was not strictly enforcing tax laws.
C) why the IRS was more likely to audit poor Americans than middle class Americans.
D) ways in which the IRS can collect a greater percentage of taxes owed.
E) why Enron paid no income taxes in four out the last five years, despite the fact that it
was one of Americaʹs most profitable companies.
4) How has George W. Bush advanced a conservative, evangelical Christian agenda?
A) by requiring religious tests to hold office
B) by strengthening the wall of separation between church and state
C) by appointing those with similar evangelical beliefs
D) by issuing an executive order that prohibits all abortions
E) by increasing funding to family planning organizations.
5) In order to shape policy and direct the bureaucracy, the president can issue
A) laws.
B) edicts.
C) executive orders.
D) executive agreements.
E) subpoenas.
6) Which of the following is a check on the bureaucracy that only the Senate can exercise?
A) reducing funding for an agency
B) confirming presidential appointments
C) impeaching executive branch officials
D) holding congressional hearings
E) abolishing Cabinet-level departments
7) Who can create or abolish federal departments and agencies?
A) the president
B) the vice president
C) the Executive Oversight Agency
D) Congress
E) the states
8) What is the most frequently used form of congressional oversight?
A) impeachment
B) impoundment
C) proactive oversight
D) police patrol oversight
E) fire alarm oversight
9) Congress can oversee the bureaucracy by
A) holding congressional committee hearings.
B) using the power of the purse.
C) requiring congressional review of agency regulations.
D) transferring agency functions.
E) All of the above.
10) Who is least likely to support stricter CAFE standards?
A) Starbucks
B) Ford Motor Company
C) McDonalds
D) the Sierra Club
E) Wal-Mart
11) Which bureaucracy helps Congress oversee the bureaucracy?
A) the Office of Maintenance and Bureaucracy (OMB)
B) the Capitol Response Service (CRS)
C) the Congressional Oversight Committee (COC)
D) the Government Accountability Office (GAO)
E) the Federal Reserve Board (the Fed)
12) The judiciary can oversee the bureaucracy by
A) issuing injunctions preventing agency rules from going into effect.
B) cutting off funding for under-performing programs.
C) filing lawsuits alleging wrongdoing on the part of a bureaucracy.
D) impeaching high-level executive branch officials.
E) refusing to grant ʺletters of appointmentʺ to political appointees, even if they have been
confirmed by the Senate.
1) A quasi-judicial process in which a bureaucratic agency settles disputes between two parties is
called administrative
A) supplementation.
B) discretion.
C) justice.
D) adjudication.
E) meditation.
2) Which of the following best describe the George W. Bush administrationʹs position regarding
Title IX?
A) Funding for womenʹs collegiate athletics should be equal to funding for menʹs collegiate
athletics.
B) There should be an equal number of sports teams for womenʹs collegiate athletics as for
menʹs collegiate athletics.
C) There should be an equal number of women collegiate athletes as men collegiate athletes.
D) Womenʹs collegiate athletics should receive less funding than menʹs collegiate athletics
because there is less interest in womenʹs athletics.
E) Women should be discouraged from participating in collegiate athletics because of their
ʺdelicate disposition and volatile temperament.ʺ
3) In 1997 and 1998, Congress conducted hearings to investigate
A) potential abuse of ordinary citizens by the IRS.
B) why the IRS was not strictly enforcing tax laws.
C) why the IRS was more likely to audit poor Americans than middle class Americans.
D) ways in which the IRS can collect a greater percentage of taxes owed.
E) why Enron paid no income taxes in four out the last five years, despite the fact that it
was one of Americaʹs most profitable companies.
4) How has George W. Bush advanced a conservative, evangelical Christian agenda?
A) by requiring religious tests to hold office
B) by strengthening the wall of separation between church and state
C) by appointing those with similar evangelical beliefs
D) by issuing an executive order that prohibits all abortions
E) by increasing funding to family planning organizations.
5) In order to shape policy and direct the bureaucracy, the president can issue
A) laws.
B) edicts.
C) executive orders.
D) executive agreements.
E) subpoenas.
6) Which of the following is a check on the bureaucracy that only the Senate can exercise?
A) reducing funding for an agency
B) confirming presidential appointments
C) impeaching executive branch officials
D) holding congressional hearings
E) abolishing Cabinet-level departments
7) Who can create or abolish federal departments and agencies?
A) the president
B) the vice president
C) the Executive Oversight Agency
D) Congress
E) the states
8) What is the most frequently used form of congressional oversight?
A) impeachment
B) impoundment
C) proactive oversight
D) police patrol oversight
E) fire alarm oversight
9) Congress can oversee the bureaucracy by
A) holding congressional committee hearings.
B) using the power of the purse.
C) requiring congressional review of agency regulations.
D) transferring agency functions.
E) All of the above.
10) Who is least likely to support stricter CAFE standards?
A) Starbucks
B) Ford Motor Company
C) McDonalds
D) the Sierra Club
E) Wal-Mart
11) Which bureaucracy helps Congress oversee the bureaucracy?
A) the Office of Maintenance and Bureaucracy (OMB)
B) the Capitol Response Service (CRS)
C) the Congressional Oversight Committee (COC)
D) the Government Accountability Office (GAO)
E) the Federal Reserve Board (the Fed)
12) The judiciary can oversee the bureaucracy by
A) issuing injunctions preventing agency rules from going into effect.
B) cutting off funding for under-performing programs.
C) filing lawsuits alleging wrongdoing on the part of a bureaucracy.
D) impeaching high-level executive branch officials.
E) refusing to grant ʺletters of appointmentʺ to political appointees, even if they have been
confirmed by the Senate.
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