Civil Liberties (4), Civil Rights (5), and the Judiciary (16)
American Government
Mr. Bekemeyer
Civil Liberties (4), Civil Rights (5), and the Judiciary (16)
(Day SEVEN Review)
MULTIPLE CHOICE. Choose the one alternative that BEST completes the
statement or answers the question. (1 point each)
Civil Liberties
1.Which of the following arguments represents the best reason why a bill of rights was added to
the Constitution?
(A)The Federalists believed that the central government would not protect the citizens.
(B)The Anti-Federalists believed that the masses needed to know what their rights were.
(C)Ratification of the Constitution including a bill of rights was supported by both the Federalists and Anti-Federalists.
(D)Key states insisted on a bill of rights prior to approving the Constitution.
(E)The Anti-Federalists felt that the Constitution alone protected citizens from abuses of the central government.
2.Which of the following decisions made by Chief Justice John Marshall’s Court established the
principle that the Bill of Rights only applied to the federal government?
(A)Marbury v Madison
(B)McCulloch v Maryland
(C)Gibbons v Ogden
(D)Barron v Baltimore
(E)Fletcher v Peck
3.The Supreme Court decision Gitlow v New York established the principle that
(A)there was no relationship between the Fourteenth Amendment and the Bill of Rights.
(B)free speech was not protected by the Bill of Rights in state cases.
(C)incorporation of the Bill of Rights in state cases was allowed.
(D)there was an indirect relationship between the Fourteenth Amendment and the Bill of Rights.
(E)judicial Review could take place in state cases by the Supreme Court.
4.The establishment clause of the First Amendment speaks of
(A)an officially sanctioned nonsectarian religion for the United States.
(B)a wall of separation between church and state.
(C)government not being able to accommodate religion in public places.
(D)government agencies creating watchdog committees to prevent religion infringement in the schools.
(E)the passage of the equal access law.
5.Which of the following Supreme Court cases established the “clear and present danger”
doctrine?
(A)Schenck v United States
(B)Texas v Johnson
(C)Chaplinsky v New Hampshire
(D)Abrams v New York
(E)Tinker v Des Moines
6.The terms prior review and prior restraint refer to which of the following constitutional
principles?
(A)freedom of the press
(B)freedom of speech
(C)freedom of assembly
(D)due process
(E)freedom of petition one’s grievances
7.The Lemon test is used to determine if
(A)there is unfair government interference regarding free speech.
(B)the government is acting properly in due process case.
(C)there are illegal tactics used by PACs.
(D)death penalty convictions are fair and reasonable
(E)legislation that deals with religion creates illegal government interference.
8.The principle established by the Supreme Court in the case of Tinker v Des Moines states that
(A)schools can act in loco parentis.
(B)student rights did not stop at the schoolhouse gates.
(C)principals have the right to censor student publications.
(D)student symbolic speech may be censored by school officials even if it does not create a disruption.
(E)principals have the right to suspend students without a hearing.
9.The principle established in the Supreme Court case of Texas v Johnson was based on
(A)religious speech.(D)active speech.
(B)symbolic speech.(E)fighting words.
(C)government accommodation of speech.
10.Critics of the Brady Bill and the 1994 Crime Bill point to which of the following principles?
(A)the due process guarantees of the Fifth and Fourteenth Amendments
(B)Congress having broad power to regulate guns
(C)property rights of the Fifth and Fourteenth Amendments
(D)the right to bear arms section of the Second Amendment
(E)the cruel and unusual punishment provision of the Eighth Amendment
11.In the case of Mapp v Ohio, the Supreme Court established
(A) the exclusionary rule of evidence.(D)the fighting words doctrine.
(B) the bad tendency doctrine.(E)the prurient interest principle.
(C) the stop and frisk rule of evidence.
12.Which of the following cases used the Ninth Amendment as a constitutional argument?
(A)Griswold v Connecticut(D)Collins v Smith
(B)Cox v New Hampshire(E)Engle v Vitale
(C)Roe v Wade
13.All the following steps are part of procedural due process EXCEPT
(A)habeas corpus.(D)formal indictment.
(B)speedy trial.(E)right to an attorney.
(C)a jury made up of different ethnic groups.
14.The intent of the decision made in Miranda v Arizona was
(A)the guarantee to accused persons that law enforcement agencies videotape confessions.
(B)to tie the hands of the police after they arrest a suspect.
(C)to allow federal government to tighten its criminal laws.
(D)to allow the state governments to obtain confessions more easily.
(E)to guarantee due process rights of the accused.
15.The “right to die” is an implicit right found in which part of the Constitution?
(A)the elastic clause
(B)the due process clause
(C)the Fourteenth Amendment
(D)the Ninth Amendment
(E)the Fifth Amendment
Civil Rights
1.Which of the following historical events advanced the intent of the Fourteenth Amendment?
(A)Jim Crow laws
(B)black codes
(C)grandfather voting laws
(D)literacy voting tests
(E)civil rights acts
2.Which of the following judicial principles reduced the impact of the Fourteenth Amendment?
(A)separate but equal
(B)all deliberate speed
(C)equal protection under the law
(D)privileges and immunities of people
(E)habeas corpus
3.Which of the following doctrines made the Bill of Rights applicable to the states?
(A)incorporation principle
(B)clear and present danger
(C)separation of powers
(D)the reserved power clause
(E)the elastic clause
4.All of the following criteria were used to establish the nationalization of the Fourteenth
Amendment EXECPT
(A)reasonable classification of race.
(B)the rational basis test.
(C)the strict scrutiny test.
(D)the suspect class test.
(E)the police power of states.
5.Which of the following represents a legal different between de facto and de jure segregation?
(A)De facto segregation has been made illegal.
(B)De jure segregation is legal.
(C)De jure segregation is illegal based on Supreme Court decisions.
(D)De facto segregation is supported by real estate agents.
(E)De jure segregation was overturned by the Plessy v Ferguson decision.
6.Which of the following constitutional provisions had been used to strike down discrimination in
public accommodations?
(A)Tenth Amendment’s reserve power clause
(B)Article I Section 8’s commerce clause
(C)First Amendment’s right to assemble
(D)affirmative action law
(E)Fifteenth Amendment’s suffrage clause
7.A major impact of the Bakke decision was that
(A)racial quotas were legal.
(B)racial preferences for minority groups were illegal.
(C)reverse discrimination based on quotas was illegal.
(D)affirmative action programs sponsored by the government were illegal.
(E)affirmative action programs sponsored by the states were illegal.
8.All the following criteria represent procedures used for evaluating the legitimacy of affirmative
action programs EXCEPT
(A)a scrutiny test based on racial classification.
(B)affirmative action programs based strictly on quotas.
(C)states taking action based on evidence that past discriminatory practice existed.
(D)affirmative action remedies must be based on specific remedies.
(E)affirmative action programs must be based on narrowly tailored principles.
9.“The history of mankind is a history of repeated injuries and usurpations [in the past] of man
toward women.”
(A)Declaration of Sentiments and Resolutions
(B)Equal Rights Amendment
(C)Seventeenth Amendment
(D)The Feminine Mystique
(E)Title VII of the Civil Rights Act
10.Which of the following furthered the cause of civil rights for women?
I.The Brandeis Brief submitted in the case of Muller v Oregon
II.Title VII of the Civil Rights Act of 1964
III.Decisions of the Court regarding the issue of comparable worth
IV.Medium scrutiny standard established in judicial decisions
(A)I only
(B)II only
(C)II and III only
(D)I, II, III only
(E) II, III, IV only
11.Which of the following cases helped further civil rights for students?
(A)Tinker v Des Moines
(B)Hazelwood v Kuhlmeir
(C)New Jersey v TLO
(D)Bethel v Frasier
(E)Cleveland Board of Education v Lafleur
12.Discrimination in the workplace has been made illegal by all the following EXECEPT
(A)Civil Rights Act of 1964
(B)Supreme Court decision in Craig v Boren
(C)Supreme Court decision in Dothard v Rawlinson
(D)Supreme Court decision in UAW v Johnson
(E)passage of Proposition 187
The Judiciary
1.Judicial authority extends to issues dealing with all the following areas EXECPT
(A)common law.
(B)equity.
(C)civil law.
(D)criminal law.
(E)pending legislation.
2.Which of the following represents the best example of a case dealing with original jurisdiction?
(A)A review of New York and New Jersey arguing over property rights related to Ellis Island
(B)an appeal by a convict on death row
(C)a review of the constitutionality of a school district allowing prayer at a graduation ceremony
(D)a review of President Nixon’s decision not to turn over the Watergate tapes to Congress
(E)a review of a federal law mandating affirmative action in industries that have contracts with the government
3.Which of the following principles does common law rely on?
(A)judicial precedent
(B)contract issues
(C)judicial restraint
(D)habeas corpus
(E)judicial activism
4.Which of the following actions requires senatorial courtesy?
(A)A bill introduced by a senator from one state must get agreement from the other senator in that state.
(B)Members of the same party agree on the order of legislation.
(C)Senators from the state in which a judicial appointment is being made by the president are informed of who the candidate is prior to the actual appointment.
(D)The majority leader of the Senate informs the minority leader who he is appointing as committee appointment.
(E)The president informs the chairman of the Judiciary Committee of a Supreme Court nominee prior to the announcement.
5.Which of the following committees is responsible for reviewing Supreme Court nominees?
(A)House Judiciary
(B)Senate Judiciary
(C)House Rules
(D)Senate Appropriations
(E)House Ways and Means
6.Acceptance of a writ of certiorari is based on all the following criteria EXCEPT
(A)a vote by three Supreme Court justices.
(B)a court decision that conflicts with precedent.
(C)a court of appeals decision that conflicts with another court of appeals decision.
(D)inconsistencies between courts of different states.
(E)a split decision in the court of appeals.
7.Which represents a major reason for the submission of an amicus curiae brief?
(A)The Court must rely on precedent cases.
(B)A friend of the court wishes to provide additional information to the Court.
(C)Lower courts must provide transcripts of its decisions.
(D)The Supreme Court requires related interests in the case to submit briefs.
(E)The brief from the petitioner provides amended information about the case.
8.The Court of which of the following Chief Justices handed down the most activist decisions?
(A)John Roberts(D)William Rehnquist
(B)Earl Warren(E)Roger Taney
(C)Warren Burger
9.An example of a decision that would be classified as activist by conservatives is
(A)San Antonio v Rodriguez.(D)Dred Scott v Sanford.
(B)Plessy v Ferguson.(E)Brown v Board of Education.
(C)New Jersey v TLO.
10.The Court of which of the following Chief Justices is best known for exercising judicial
restraint?
(A)John Marshall(D)William Rehnquist
(B)Roger Taney (E)Earl Warren
(C)Warren Burger
11.Critics of judicial activism would favor a Supreme Court that would
(A)give greater protection to the accused.
(B)expand civil rights.
(C)act as a watchdog over the other branches of government.
(D)increase the power of the federal government.
(E)allow the president to influence the opinion of the Court.
12.Critics of judicial restraint would favor a Supreme Court that would
(A)create new precedent.
(B)decrease the power of the federal government.
(C)decrease the power of the state governments.
(D)only agree to hear a limited number of cases.
(E)uphold precedent.