Persons possess and governments possess. rights; privileges rights; powers *liberties; powers liberties; rights rights; liberties

Transcription

1 The most important obstacle to the adoption of the Constitution by the states was *it did not contain a bill of rights. it did not include voting rights for blacks. it did not include voting rights for women. it did not separate powers among branches of government. it included too much delegation of power to the states Powers and privileges guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals are best defined as *civil rights. human rights. civil liberties. negative liberties. inalienable rights. The rights and liberties guaranteed by the Constitution are found in the Eighteenth and Twenty-Second Amendments. *the Bill of Rights and the first section of the Fourteenth Amendment. Article III. Article I Amendments 1 through 27. An American citizen s ability to drive a car only with the possession of a valid license may be best described as a civil liberty. civil right. *privilege. power. negative right. Persons possess and governments possess. rights; privileges rights; powers *liberties; powers liberties; rights rights; liberties The establishment clause of the First Amendment *prohibits government from sponsoring, creating or supporting religious activity. establishes Protestantism as the official religion of the United States. prevents the government from interfering with the exercise of religion. forbids the establishment of restrictions on free speech. keeps Congress from making other amendments official without a Supreme Court ruling.

2 The phrase wall of separation between church and state originated with the First Amendment. the Bill of Rights. the Declaration of Independence. *Thomas Jefferson. the Constitutional Convention. In the Lemon v. Kurtzman decision, the Supreme Court proposed a test for determining the constitutionality of government programs and laws; this test included that the government must have a secular purpose for the law or program. that the primary effect of the law or program must not be to advance or inhibit religion. that the law or program must not entangle the government excessively with religion. which law or program cannot be funded with taxpayer money. *that the government must have a secular purpose for the law or program, that the primary effect of the law or program must not be to advance or inhibit religion, and that the law or program must not entangle the government excessively with religion. A state establishes a school voucher program where students or parents can choose to give the voucher money to either secular or religious schools. The Supreme Court is likely to rule this state program unconstitutional, because it can amount to a government establishment of religion. unconstitutional, because the voucher program would amount to an excessive entanglement between government and religion. constitutional, because it allows a religious student to pursue his or her free exercise to attend a religious school. constitutional, because the establishment clause of the Constitution only applies to federal programs and not to state policies. *constitutional, because the program does not favor religious schools over nonreligious schools when it is the student or parent making the choice. The Supreme Court declared prayer in public schools unconstitutional in Minersville School District v. Gobitis. West Virginia State Board v. Barnette. *Engel v. Vitale. Epperson v. Arkansas. Near v. Minnesota. Which of the following statements is correct? *Public schools must open their doors to after-school religious activities on the same basis as other after-school programs.

3 Prayers in public school assemblies that mention only God but no specific religion s deity can be upheld as constitutional. Nonsectarian prayers at official public school graduations are permissible under the Constitution. Prayers at public high school football games are permissible so long as the prayers are organized and led by students. A prayer written on a public school auditorium wall, but not recited by students or faculty, is permitted under the First Amendment. If Congress forced conscientious objectors to fight to violate their religious beliefs or deeply held humanistic opposition to war the government would run afoul of the of the First Amendment. free association clause *free-exercise clause establishment clause due process clause equal protection clause A Seventh-Day Adventist declined a job that required him to work on a Saturday, which is the holy day for Seventh-Day Adventists. Because he declined a job, the federal government denied him federal unemployment benefits. The Supreme Court would rule that this decision by the government was constitutional, because to single out the Adventist for special consideration would amount to an establishment of religion by the federal government. *unconstitutional, because the Adventist had the right to his free exercise of religion. unconstitutional, because the First Amendment s right to assemble includes the right not to assemble for reasons of religion constitutional, because the establishment clause only applies to actions of state governments, not the federal government. unconstitutional, because under the Fourteenth Amendment all Americans, regardless of religion, have a right to unemployment benefits when they have no job. Charles Schenck, the defendant in Schenck v. United States, was charged with speaking against the president in public places. pipe-bombing a federal building. burning the flag. *disrupting military recruitment by distributing leaflets claiming that the draft was unconstitutional. distributing pornographic material. was the fist case to establish that the Bill of Rights would be applied more broadly than the Supreme Court initially held. Plessy v. Ferguson Schenck v. United States

4 Near v. Minnesota *Gitlow v. New York Palko v. Connecticut Students demonstrating against the war in Iraq by wearing black armbands as a symbolic protest would probably be protected under which case ruling? Smith v. City of Chicago *Tinker v. Des Moines Independent Co. School District Evanston v. Texas Independent School District # 83 Albert v. University of Sacramento Near v. Minnesota In the New York Times v. Sullivan case, the Supreme Court declared that freedom of the press takes precedence when the defamed individual is famous. a religious figure. a candidate for office. a person who accidentally became famous. *a public official. In the 1970s, Daniel Ellsberg stole classified documents that came to be known as and gave them to national newspapers. the Vietnam Plans the Nixon Scheme *the Pentagon Papers the Watergate Files None of these choices is true. The Second Amendment of the Constitution refers to *the right to bear arms. a ban on cruel and unusual punishment. the right to be free from unreasonable searches and seizures. a right not to be tried twice for the same offense. the right for citizens not to have soldiers quartered within their houses. After the September 11, 2001 terrorist attacks, Congress passed the USA-PATRIOT Act, which gave government increased power over who is allowed to run for office. empowered the president to ban social media sites like Twitter, Facebook, and Instagram in an attempt to maintain public order. *expanded the government s ability to tap phones and monitor internet traffic. extended the requirement that one be a native-born American to run for president, to all federal elective offices. created a universal gun owner registration list.

5 In 2010, The Supreme Court in McDonald v. Chicago, ruled in a 5 4 decision that an individual s right to bear arms can be prohibited by state or local government. only is permitted if the individual is part of a state militia. *cannot be prohibited by state or local government. only is permitted if the individual submits to a state background check. permits the individual to possess submachine guns and assault rifles. An ex post facto law impairs contracts between states. prevents double jeopardy. *declares an action illegal after it has been committed. declares a person guilty without the benefit of trial. None of these choices is true. A(n) is a law that declares a person guilty without the benefit of trial. *bill of attainder selective incorporation ex post facto law prior restraint action lemon test States are now obligated to protect most provisions of the Bill of Rights as a result of the Supreme Court s interpretation of the Fourteenth Amendment clause. *due process state s rights equal protection free exercise privacy Which of the following amendments is not concerned with how the government must behave in criminal proceedings. Fourth Fifth Sixth Eighth *Ninth The case of Gideon v. Wainwright affirmed that the state must allow you to be tried by a jury of your peers. *provide you with legal counsel. inform you of your constitutional rights before placing you under arrest. allow you to confront your accuser. impose a fair and impartial sentence for the crime.

6 The statements that police are required to make to a person before that person may be subjected to in-custody questioning are known as cross-examination. exclusionary rules. interrogations. jailhouse rights. *Miranda warnings. The exclusionary rule holds that fighting words can be excluded from constitutional protection. a court can order or constrain an action by an individual. *evidence obtained from an illegal search and seizure cannot be used in a trial. people who are biased against a defendant may be excluded from serving on a jury. evidence wrongly excluded at trial may not be used in appellate court later. The Amendment states, The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Fifth Sixth Eighth *Ninth Second The significance of the Ninth Amendment remained unexplored until the case of Roe v. Wade. Palko v. Connecticut. *Griswold v. Connecticut. Mapp v. Ohio. Lemon v. Kurtzman. The case Roe v. Wade upheld the right of couples to use birth control devices. upheld the right of gay Americans to consenting sexual relationships. denied the right of gay Americans to consenting sexual relationships. *upheld the right of women to have abortions. ruled that state laws criminalizing adultery were unconstitutional. According to the Supreme Court in Bowers v. Hardwick, homosexual relations between consenting adults in the privacy of their own homes are protected under the Bill of Rights. *are not protected under the Constitution. cannot be regulated by state governments. may be regulated only by Congress. is a prohibited extension of search and seizure laws.

7 The Supreme Court case Lawrence and Garner v. Texas overturned the previous decision of Roe v. Wade. Griswold v. Connecticut. Mapp v. Ohio. *Bowers v. Hardwick. Palko v. Connecticut. Which of the following best describes the concept of civil rights? Rights generally accorded all citizens Political rights of speech and assembly Rights extended to citizens from legislative action The guarantees of life, liberty, and property granted to all citizens *Powers, freedoms and privileges protected against arbitrary action by the government or individuals The Amendment provides that Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction. Fourteenth *Thirteenth Eleventh Fifteenth Third The civil rights guarantee of equal protection of the laws is located in the Civil Rights Act of the Preamble to the Constitution. the Declaration of Independence. *the Fourteenth Amendment. the Sixth Amendment. The amendment permitting black American men to vote is the Eleventh Amendment. Twelfth Amendment. *Fifteenth Amendment. Twenty-first Amendment. Twenty-third Amendment. In the years after the Civil War, former slave states enacted, attempting to restrict the freedoms of blacks. constitutional amendments civil rights legislation set-asides *black codes

8 jurisdiction laws Which of the following tactics were used by white southerners to keep blacks from voting in the years after the Civil War? Poll tax Literacy tests Grandfather clause Intimidation and violence *All of these choices are true. Plessy v. Ferguson, which involved segregated public accommodations, is noteworthy because it upheld the principles of the Fourteenth Amendment. applied the national supremacy clause to such cases. *endorsed the separate-but-equal doctrine. stated that Congress had no power to pass legislation requiring open public accommodations. removed the barrier that denied blacks the right to enter public accommodations. Which of the following statements concerning Brown v. Board of Education is not correct? Linda Brown s father attempted to enroll her in a white public school in Topeka, Kansas. A federal district court found that the local black public school was equal in quality to the white school. The Supreme Court intentionally delayed hearing the case until after the 1952 presidential election. The Supreme Court found that public school segregation violated the equal protection clause of the Fourteenth Amendment. *The Court decision was 8 1, with one dissenting opinion by Chief Justice Fred Vinson. In Brown v. Board of Education, the Supreme Court held that because conditions at Linda Brown s all-black school were equal to those at the nearby white school, Brown did not have a valid claim. the separate-but-equal doctrine was upheld, though for procedural reasons Brown would prevail in this case. *separate is inherently unequal. busing to achieve racial integration was allowed. Jim Crow laws did not violate the constitution. Racial segregation that is not the result of government action (for example resulting from residential patterns) is called segregation. de jure *de facto

9 uncoordinated res mensa geographic De jure segregation is segregation that is regional but not national. local but not regional. pending review by an administrator. upheld by the courts. *government-imposed. Civil disobedience is *the willful but nonviolent breach of unjust laws. the failure to fulfill a contractual agreement. engaging in actions that are unlikely to promote social change. violent societal protest, such as staging a riot. the lawful refusal to follow a court order. Black citizens in Birmingham, Alabama achieved desegregation of the municipal transit system through a series of sit-ins. *a bus boycott. slashing tires of buses. civil disobedience. lobbying the city council. The Civil Rights Act of 1964 provided for all of the following except equal access to public accommodations regardless of race, religion, or national origin. equal employment opportunities regardless of race. withholding federal grants-in-aid from state programs that discriminated on the basis of race. *elimination of the poll tax as a requirement for voting. strengthened voting rights legislation. What legislation did President Obama sign after becoming president that undid the 2007 Supreme Court decision making it more difficult for plaintiffs to bring lawsuits over pay discrimination? *The Lilly Ledbetter Fair Pay Act The Equal Pay Act The EEOC Pay Reform Act The Ruth Bader Ginsburg Act None of the above is true. The Equal Rights Amendment was passed by both houses and signed into law.

10 by the House but failed in the Senate. *by both houses but fell three states short of ratification. and ratified but was overturned by the Supreme Court. by a three-fourths vote of the state legislatures. What is the major rationale for affirmative action? All hiring and promotion should result from objective tests and measures of job performance. To achieve racial equality, it is necessary only to remove de jure segregation. Racial criteria should never be used in school admission or employment decisions. *Special consideration for racial minorities is necessary to overcome the effects of centuries of racial discrimination. Previous court decisions failed to specifically address minimum economic needs. Allan Bakke s application to the University of California Medical School at Davis was rejected at least in part because he was an African American. *was white. was clearly not qualified based on his transcripts and test scores. applied to the wrong program. missed critical deadlines.