5 Steps to a 5: 500 AP U.S. Government and Politics - Brian Stevens, William Madden 2022

UNIT 3 Civil Liberties and Civil Rights

“All persons shall be entitled to the full and equal employment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.”

226. This passage is found in

(A) The Civil Rights Act of 1957

(B) The Civil Rights Act of 1964

(D) Title IX of the Education Amendments Act of 1972

227. The public policy above was created by

(A) an executive order by the president.

(B) a decision made by the U.S. Supreme Court.

(D) a piece of legislation passed by Congress.

228. The policy above was a reaction to

(A) the progressive movement.

(B) the civil rights movement.

(D) the Vietnam War.

This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.

—John Marshall, McCulloch v. Maryland (1819)

229. Marshall’s vision for the Constitution would fit which of the following constitutional interpretations?

(A) Strict constructionism

(B) Judicial restraint

(D) Judicial activism

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws.

—Martin Luther King, Jr., “Letter from Birmingham Jail,” 1963

230. Which of the following political theories would King use to provide legitimacy for breaking laws?

(A) Judicial activism

(B) Violation of the social contract

(D) Strict interpretation of the Constitution

231. What Supreme Court case is King referring to in the above passage?

(A) Plessy v. Ferguson (1896)

(B) Engel v. Vitale (1962)

(D) Brown v. Board of Education (1954)

232. King largely used which of the following tactics to combat discrimination and racism in the United States?

(A) Filing lawsuits in the federal court system

(B) Electing sympathetic legislators to Congress

(D) Using interest groups to lobby Congress for civil rights legislation

233. Which of the following required Supreme Court cases is an incorporation case?

(A) Schenck v. United States (1919)

(B) Gideon v. Wainwright (1962)

(D) United States v. Lopez (1995)

234. Which of the following constitutional clauses allows for the concept of selective incorporation?

(A) The Full Faith and Credit Clause of Article IV

(B) The Supremacy Clause of Article VI

(D) The Due Process Clause of the Fourteenth Amendment

235. Which of the following cases incorporated the right to bear arms to state governments?

(A) Roe v. Wade (1972)

(B) Shaw v. Reno (1993)

(D) McDonald v. Chicago (2010)

It is a matter of history that this very practice of establishing governmentally composed prayers for religious services was one of the reasons which caused many of our early colonists to leave England and seek religious freedom in America.

—Engel v. Vitale (1962)

236. According to the Warren Court, what constitutional clause was violated in the Engel case?

(A) The Religious Oath Test of Article VI

(B) The Establishment Clause of the First Amendment

(D) The Elastic Clause of Article I

237. The decision in Engel essentially called for a ban on

(A) school-sponsored prayer during the school day.

(B) Bible distribution in schools.

(D) student-initiated prayer at athletic events.

238. Although not technically found in the Constitution, the Engel case reinforced the constitutional principle of

(A) natural rights doctrine.

(B) social contract theory.

(D) focus on collective rights.

Amish objection to formal education beyond the eighth grade is firmly grounded in these central religious concepts. They object to the high school, and higher education generally, because the values they teach are in marked variance with Amish values and the Amish way of life.

—Wisconsin v. Yoder (1972)

239. What constitutional clause was the source of contention for the Amish in the Yoder case?

(A) The Establishment Clause of the First Amendment

(B) The Free Exercise Clause of the First Amendment

(D) The Due Process Clause of the Fifth Amendment

240. What interest group represented the Amish at the Supreme Court level?

(A) Sierra Club

(B) American Civil Liberties Union (ACLU)

(D) Anti-Defamation League

241. Other than the Constitution, what Foundational Document would support the existence of the Amish cause and the interest group that defended it?

(A) Articles of Confederation

(B) Federalist #10

(D) “Letter from Birmingham Jail”

242. Which Supreme Court case prohibited the federal government from using prior restraint, the censoring of the media?

(A) Gideon v. Wainwright (1963)

(B) Tinker v. Des Moines (1969)

(D) Wisconsin v. Yoder (1973)

By the Louisiana statute, the validity of which is here involved, all railway companies (other than street railroad companies) carrying passengers in that State are required to have separate but equal accommodations for white and colored persons.

—Justice John M. Harlan, dissenting opinion in Plessy v. Ferguson (1896)

243. In Plessy v. Ferguson (1896), what constitutional amendment was the focus of the case?

(A) Fifth Amendment, Due Process Clause

(B) Tenth Amendment, rights reserved to the states

(D) Fifteenth Amendment, newly freed males given the right to vote

244. What case overturned the ruling in Plessy?

(A) Schenck v. United States (1919)

(B) Brown v. Board of Education (1954)

(D) Gideon v. Wainwright (1963)

245. Early in the civil rights movement, African Americans used the courts as a vehicle to fight for civil rights. Why did they choose this route?

(A) The NAACP believed that it could use the Constitution as a weapon, and the courts would be the logical place to go to realize constitutional rights.

(B) African Americans lacked support from elected officials.

(D) All of the above

No judicial tribunal has authority to say that some of [the Bill of Rights] may be abridged by the states while others may not be abridged.

—Justice John M. Harlan, Maxwell v. Dow (1900)

246. According to the above quote, Justice Harlan would be arguing for

(A) selective incorporation of the Bill of Rights.

(B) total incorporation of the Bill of Rights.

(D) None of the above

247. Which of the following constitutional clauses would support Harlan’s arguments?

(A) Full Faith and Credit Clause of Article IV

(B) Supremacy Clause of Article VI

(D) states’ Rights Reserve Clause of the Tenth Amendment

248. Ultimately, the Supreme Court has decided that the Bill of Rights

(A) has been incorporated by the states entirely, using Marshall’s method.

(B) has required that most, but not all, of the Bill of Rights should be applied to the actions of the states.

(D) provisions on criminal due process must be incorporated.

249. Griswold v. Connecticut (1967) established the nonlisted right to privacy. The right to privacy became the cornerstone issue in the case of

(A) Engel v. Vitale (1962).

(B) New York Times v. United States (1971).

(D) Shaw v. Reno (1993).

250. Which of the following rights is a criminal due process right found in the Sixth Amendment?

(A) The right to an attorney

(B) No unreasonable search and seizure

(D) No excessive fines

251. The required Supreme Court case that used the Equal Protection Clause in regard to determining electoral districts was

(A) New York Times v. United States (1969).

(B) Shaw v. Reno (1993).

(D) McDonald v. Chicago (2010).

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

—First Amendment to the United States Constitution

252. Although not explicitly listed in the Constitution, the Establishment Clause has created the constitutional concept of

(A) prior restraint.

(B) separation of church and state.

(D) None of the above

253. Which of the following items would represent an example of the free exercise of religion?

(A) Prohibiting state-sponsored prayer in public schools

(B) Allowing the Amish to keep their children from attending public school beyond eighth grade

(D) Calling for public taxes to be given to local churches

254. Which of the following required cases involves the Establishment Clause?

(A) Schenck v. United States (1919)

(B) Engel v. Vitale (1962)

(D) Wisconsin v. Yoder (1972)

255. Which of the following interest groups is considered a key defender of civil liberties in the United States?

(A) Sierra Group

(B) American Association of Retired People (AARP)

(D) Farm Bureau

256. Which Bill of Rights amendment largely deals with the rights of accused persons?

(A) First Amendment

(B) Third Amendment

(D) Ninth Amendment

257. Support of the Civil Rights Act in August of 1964 shows that

(A) most of the country opposed the bill.

(B) a slim majority of Americans favored the bill.

(D) nearly a majority of Americans opposed the bill.

258. Based on prior knowledge of U.S. history and politics, which area of the country opposed passage of the Civil Rights Act of 1964?

(A) The Northeast

(B) The West

(D) The South

259. Which president proved to be a huge champion of the Civil Rights Act of 1964?

(A) Franklin Roosevelt

(B) Harry S. Truman

(D) Lyndon B. Johnson

260. Although Brown v. Board of Education was decided in 1954, which area of the federal government was desegregated by President Truman prior to the case?

(A) Armed forces

(B) Federal bureaucracy

(D) Federal marshals

261. What type of segregation is caused by people of different races separating themselves by living and social practices?

(A) Jim Crow segregation

(B) De jure segregation

(D) All forms of segregation

262. In regard to federalism, what could be said has been the role of selective incorporation in federal-state relations?

(A) The power of state governments has grown.

(B) State legislatures have been more selective when passing laws.

(C) By using judicial review to strike down state laws in regard to the Bill of Rights, the federal judiciary has bolstered the power of the federal government.

(D) Because of favorable court rulings, the president gets to enforce more federal laws on the states.

263. American high schools are now required to provide the same number of sports by gender because of what law?

(A) Civil Rights Act of 1964

(B) Title IX of the Education Amendments Acts of 1973

(D) USA Freedom Act of 2015

264. A key provision of the Civil Rights Act of 1964

(A) prohibits discrimination in places of public accommodation.

(B) does not allow discrimination based on race, religion, color, or national origin.

(D) All of the above

265. Which law was considered a reaction to the New York terrorist acts of September 11, 2001?

(A) War Powers Act

(B) Gulf of Tonkin Resolution

(D) Budget Reconciliation Act

266. Why can the U.S. Supreme Court take cases from a state, such as Arizona, when a state law is in question?

(A) Because the Supreme Court has jurisdiction over every law in the United States.

(B) Because the Court uses the power of judicial review when a state law comes in conflict with the Constitution or a federal law.

(D) None of the above

267. The Voting Rights Act of 1965 was enacted to prevent election abuse and racial discrimination in voting. However, voting and conducting elections are largely the domain of the states. So the law puts tension on what system the United States has?

(A) Checks and balances

(B) Separation of powers

(D) Federalism

268. What constitutional provision allows the Supreme Court to take a state case?

(A) Article III of the Constitution, created the federal judicial branch

(B) Article IV of the Constitution, Full Faith and Credit Clause

(D) Fourteenth Amendment, due Process Clause

269. A tenant of American law is the principle of innocent until proven guilty. However, because of social media, sometimes criminal cases become trial by public opinion. Some argue that this has become a violation of the __________ of the accused.

(A) privacy

(B) procedural due process

(D) None of the above

270. What clause in the Fourteenth Amendment gives the Supreme Court the ability to apply the Bill of Rights to the actions of the states?

(A) Necessary and Proper Clause

(B) Supremacy Clause

(D) Establishment Clause

271. Which of the following rights in the Bill of Rights has not been selectively incorporated to the states?

(A) Free speech

(B) Prohibition against self in crimination

(D) Right to a grand jury

272. Which of the following required Supreme Court cases involves the right to a free press?

(A) Schenck v. United States (1919)

(B) Engel v. Vitale (1962)

(D) Citizens United v. FEC (2010)

273. In the ruling in the case Roe v. Wade (1973), the Court cited the right to privacy. What previous case set the precedent for Roe?

(A) Mapp v. Ohio (1962)

(B) Engel v. Vitale (1962)

(D) Griswold v. Connecticut (1965)

274. In the school desegregation case Brown v. Board of Education (1954), the lawsuit involved several parties. This is called what type of lawsuit?

(A) Class action lawsuit

(B) In forma pauperis lawsuit

(D) Fee-shifting case

275. According to the law, quid pro quo and a hostile work environment are classified as

(A) felonies.

(B) sexual harassment cases.

(D) civil lawsuits.

276. Because of a Supreme Court case, what does law enforcement need in order to search a cell phone?

(A) Possession of the accused’s cell phone

(B) A search warrant

(D) All of the above

277. With the expansion of technology and access to information from the Internet, new concerns come in the area of

(A) criminal due process.

(B) reserved powers to the states.

(D) right to privacy.

278. If law enforcement retrieved information illegally from a cell phone, what rule would prohibit the government from using that information?

(A) Time, place, and manner rule

(B) Knock-and-announce rule

(D) Exclusionary rule

279. What federal agency was created to regulate broadcast media, sometimes clashing with the right to a free press?

(A) Federal Election Commission (FEC)

(B) Securities and Exchange Commission (SEC)

(D) Federal Communications Commission (FCC)

280. Political speech is considered the highest form of protected speech. A required case that focused on this was which of the following?

(A) Marbury v. Madison (1803)

(B) McCulloch v. Maryland (1819)

(D) Citizens United v. FEC (2010)

281. Name the Supreme Court case that stated that drawing congressional districts solely on the basis of race violates the Equal Protection Clause of the Fourteenth Amendment?

(A) Baker v. Carr (1962)

(B) Shaw v. Reno (1993)

(D) McDonald v. Chicago (2010)

282. In 1962, the Supreme Court declared that legislative districts must be designed to be roughly equal in population in which of the following cases?

(A) Baker v. Carr (1962)

(B) Wesberry v. Sanders (1964)

(D) Shelby County v. Holder (2013)

283. The amendment that applies the rights guaranteed in the Bill of Rights to state law is the

(A) Thirteenth.

(B) Fourteenth.

(D) Sixteenth.

284. In the Supreme Court case McDonald v. Chicago, the Court incorporated the right to

(A) keep and bear arms.

(B) grand juries.

(D) retain a witness in your favor.

285. The Bill of Rights guaranteed rights and liberties for citizens by proscribing what the federal government could do. The Fourteenth Amendment brought those proscriptions to state action through

(A) legislation.

(B) incorporation.

(D) judicial review.

286. The Due Process Clause of the Fourteenth Amendment means that

(A) a state cannot deny rights and liberties.

(B) everyone is equal.

(D) legally established procedures must be used if rights and liberties are denied.

287. The Fourteenth Amendment’s incorporation of the application of the Bill of Rights to states has been selective rather than total because

(A) state enforcement of criminal law should remain autonomous.

(B) incorporation is too vague.

(D) fundamental fairness was too subjective.

288. The Supreme Court struck down public school prayer in which of the following cases?

(A) Hazelwood v. Kuhlmeier (1988)

(B) Tinker v. Des Moines (1969)

(D) Engel v. Vitale (1962)

289. The World War I case Schenck v. United States created which famous Supreme Court test?

(A) Litmus test

(B) Clear and present danger test

(D) Privacy test

290. The Supreme Court struck down Wisconsin’s mandatory school attendance policy as a free exercise of religion violation in which of the following cases?

(A) Engel v. Vitale (1962)

(B) Wisconsin v. Yoder (1971)

(D) Vernonia School District v. Acton (1995)

291. Public school students retain the right to political expression based on what case?

(A) Mapp v. Ohio (1961)

(B) Engel v. Vitale (1962)

(D) Tinker v. Des Moines (1969)

292. Schenck v. United States (1919) established that speech posing _____________ was not protected by the First Amendment.

(A) a risk to the government

(B) a call to public acts of mayhem

(D) promotion of disloyalty

293. The clear and probable danger test, an addition to the clear and present danger test in Schenck v. United States, was introduced in

(A) Mapp v. Ohio. (1961)

(B) Texas v. Johnson. (1989)

(D) Griswold v. Connecticut. (1965)

294. The religious freedom Americans enjoy is due to the First Amendment and the

(A) Elastic Clause.

(B) Equal Protection Clause.

(D) Take Care Clause.

295. First Amendment protections include freedom of

(A) religion.

(B) the press.

(D) All of the above

296. The ________ Amendment prevents the government from making illegal searches and seizures.

(A) Third

(B) Fourth

(D) Sixth

297. Griswold v. Connecticut and Roe v. Wade are landmark Supreme Court cases because they established privacy claims involving

(A) the legality of contraception.

(B) abortion.

(D) All of the above

298. Rights and liberties regarding privacy have been interpreted to be at least partially guaranteed by the _________ Amendment.

(A) Fourth

(B) Fifth

(D) Ninth

299. The right to privacy, the constitutional basis for Roe v. Wade, was established in

(A) Planned Parenthood v. Casey

(B) Bowers v. Hardwick

(D) Griswold v. Connecticut

300. The right to an attorney in a criminal case was incorporated in which of the following cases?

(A) Miranda v. Arizona (1966)

(B) Escobedo v. Illinois (1964)

(D) Mapp v. Ohio (1961)

301. Which of the following cases extended the exclusionary rule of evidence to include state law enforcement?

(A) Baker v. Carr (1962)

(B) Furman v. Georgia (1972)

(D) Benton v. Maryland (1969)

302. Miranda v. Arizona established that those accused of a crime have a Fifth Amendment right not to

(A) incriminate themselves.

(B) be forced to go to trial without an attorney.

(D) go to trial without a jury.

303. In Brown v. Board of Education I, the Supreme Court used what constitutional provision to strike down public school segregation?

(A) Article I’s Necessary and Proper Clause

(B) Due Process Clause of the Fifth Amendment

(D) Establishment Clause of the First Amendment

304. In terms of civil rights and liberties, a suspect classification is one

(A) where legislators legitimately apply the law to a certain group of citizens.

(B) where judicial interpretation is questionable.

(D) where the law gives favor to a particular group.

305. The strict scrutiny that affected fundamental rights or interests regarding equal protection was more profound on the development of civil rights and liberties because

(A) it circumscribed legislative choices.

(B) it focused on voting.

(D) All of the above

306. The concept of “separate but equal” to justify state-sponsored segregation came from which of the following cases?

(A) Plessy v. Ferguson (1896)

(B) Baker v. Carr (1962)

(D) Mapp v. Ohio (1961)

307. Regents of the University of California v. Bakke limited the reach of

(A) equal protection.

(B) the federal government.

(D) workplace discrimination.

308. Civil liberties and civil rights have developed through interpretation of Amendment

(A) Thirteen.

(B) Fourteen.

(D) Sixteen.

309. Korematsu v. United States was a case involving race as a suspect class that

(A) upheld discrimination by the government based on race, regardless of a strict scrutiny test.

(B) found that the federal government could not discriminate, even in times of war.

(D) did not believe that pressing public necessity was enough to curtail the rights of certain individuals.

310. The Supreme Court’s decision to implement desegregation of public schools throughout the United States “with all deliberate speed” came with

(A) Brown v. Board of Education I. (1954)

(B) Brown v. Board of Education II. (1955)

(D) The Scottsboro Boys case. (1932)

311. Opponents of the Equal Rights Amendment (ERA) claimed that protection for women, through proper interpretation, can be found in

(A) the Fifth Amendment’s Due Process Clause.

(B) the Fourteenth Amendment’s Due Process Clause.

(D) the Nineteenth Amendment’s guarantee of the right to vote for women.

312. A recent controversy surrounding the Fourteenth Amendment naturalization provision involves

(A) immigration.

(B) citizenship.

(D) terrorism.

313. In which case did the Supreme Court rule that redistricting districts on the basis of race must be subjected to strict scrutiny?

(A) Shaw v. Reno (1993)

(B) Wesberry v. Sanders (1964)

(D) Clinton v. New York (1998)

314. In the case of Brown v. Board of Education (1954), the lawsuit came from many different states. This is commonly known as what type of lawsuit?

(A) A “common law” lawsuit

(B) Criminal prosecution

(D) A tort case

315. Which of the following was not a Jim Crow law used in the South?

(A) Grandfather clauses

(B) Literacy tests

(D) Death taxes

If the prosecution of a crime is to be conducted with so little regard for the protection which centuries of English law have given to the individual, we are indeed at the dawn of a new era; and much that we have deemed vital to our liberties, is a delusion.

—Judge Learned Hand

316. To which of the following constitutional principles is Judge Learned Hand referring?

(A) Judicial review

(B) Equal protection of the law

(D) Criminal due process

317. From a historical perspective, what type of law is Judge Learned Hand using to make his argument?

(A) Code of Hammurabi

(B) Statutory law

(D) Common law

318. Which of the following is an example of the type of constitutional protection Judge Learned Hand believes is an important liberty to protect?

(A) The right to counsel in criminal cases

(B) No housing of military personnel

(D) None of the above

The only weapon that we have in our hands this evening is the weapon of protest.

—Dr. Martin Luther King, Jr.

319. The “weapon of protest” Dr. King used so effectively was generally known as

(A) civil disobedience.

(B) armed citizen militias.

(D) refusing to recognize Supreme Court rulings.

320. In contrast to Dr. King, Thurgood Marshall and the National Association for the Advancement of Colored People (NAACP) used what as their weapon to fight injustice?

(A) Asking African Americans to avoid paying taxes

(B) Filing lawsuits to contest discriminatory laws

(D) All of the above

321. The cornerstone case won by the NAACP in regard to fighting segregation was

(A) Schenck v. United States (1919).

(B) Brown v. Board of Education (1954).

(D) Wisconsin v. Yoder (1974).

322. What of the following is a description of the Civil Rights Act of 1964 and the Voting Rights Act of 1965?

323. What pairing provides the rulings in the Griswold and Roe cases?

324. Under the Fourteenth Amendment, which of the following cases was a Due Process Clause case and an Equal Protection Clause case?

325. Which of the following pairings is an example of the Establishment Clause and the Free Exercise Clause of the First Amendment?

326. Which of the following pairings contains the decisions in Mapp v. Ohio (1962) and Miranda v. Arizona (1966)?

327. Which pairing provides the correct definitions of libel and slander?

328. Which of the following pairings represents the ruling in Plessy v. Ferguson (1896) and Brown v. Board of Education (1954)?

329. Which of the following pairings is an example of tactics used by the NAACP and Martin Luther King, Jr., during the civil rights movement?

330. Identify the pairing associated with the Fifth Amendment’s and Fourteenth Amendment’s Due Process Clauses?

331. Which pairing provides the rulings in the cases of Baker v. Carr (1962) and Shaw v. Reno (1994)?