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.

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.

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.

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
.

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

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.

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.