Who Wants to be an A Student?

January 6, 2018 | Author: Anonymous | Category: Social Science, Law, Constitutional Law
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Which rationale did the Supreme Court use to explain their decision in Brown v. BOE in 1954?  A. The equal-protection clause of the 14th Amendment

makes the Constitution “color-blind.”  B. The authors of the 14th Amendment meant to ban segregated schools.  C. Separate schools are constitutional if equal resources are spent on all schools.  D. Segregated education has a detrimental effect upon black children by generating in them a feeling of inferiority. Answer - D

The courts have ruled all of the following to be invasions of the right to privacy EXCEPT  A. laws which prohibit a woman’s right to an abortion  B. police search of a person’s home without a warrant  C. laws forbidding dissemination of birth control

information to clinic patients  D. a public school administrator searching a student’s locker based on a reasonable suspicion of possession of an illegal substance. Answer - D

Which of the following reflects a movement to incorporate the Bill of Rights to apply to the states?  A. Barron v. Baltimore  C. Gitlow v. NY

 Answer C

B. the 14th Amendment D. Marbury v. Madison

What important precedent for civil rights cases was set by Bakke v. California?  A. the declaration of “separate but equal” as

unconstitutional.  B. the ruling that “reverse discrimination” violates individual rights.  C. the banning of de jure segregation.  D. the establishment of the principle of “equality of outcome.”  Answer - B

Which clause in the Constitution was interpreted by the activist court of the 1960s to allow Congress the power to pass laws combating discrimination?  A. the Necessary and Proper Clause  B. the Full Faith and Credit Clause  C. the Establishment Clause

 D. the Commerce Clause

Answer - D

During the second half of the twentieth century, the Supreme Court’s position on free speech has been that  A. the government may never limit speech because

free speech is protected by the 1st Amendment.  B. free speech is essential to liberty and therefore may be abridged only under extreme circumstances.  C. state governments may place limits on free speech, but the national government may not because of the First Amendment.  D. the government may limit speech that the majority of Americans finds offensive.  Answer - B

The Court precedent of “clear and present danger” was set by which famous case?

 A. Schenck v. U.S.  C. Mapp v. Ohio  Answer - A

B. Gitlow v. New York D. Griswold v. Connecticut

Which of the following are correctly matched with the underlying issue? I. Mapp v. Ohio – the defendant has the right to a lawyer II. New York Times Co. v. U.S. – prior restraint III. Miranda v. Arizona – rights of the accused IV. NAACP v. Alabama – freedom of speech V. Everson v. BOE – freedom of religion

A. I and III only C. II, III, and V only Answer - C

B. II, III, and IV only D. III, IV, and V only

Which of the following describe limitations that may constitutionally be placed on freedom of speech and freedom of the press? I. Under no circumstances may the government limit speech or censor the press II. The government may censor the press in the interest of national and military security. III. Local governments may outlaw the sale of obscene publications in their jurisdictions. IV. the government may prevent individuals from engaging in “offensive” speech A. I only B. II only Answer C

C. II and III only

D. III and IV only

Which of the following was NOT a provision of the Civil Rights Act of 1964?  A. Discrimination in the sale and rental of housing was

prohibited.  B. Gender discrimination in employment was banned.  C. Discrimination in public accommodations was prohibited.  D. Federal funds will be cut off for programs that discriminate.  Answer - A

Until the 1970s, claims of gender discrimination were routinely rejected by the Supreme Court because  A. the Court had no female members.  B. the women’s movement was not well organized.  C. limitations on women’s rights were usually

considered “reasonable”  D. the justices did not believe that the Fourteenth Amendment applied to women.  Answer C

Which of the following statements best describes the central constitutional issue concerning the death penalty?  A. The death penalty violates the prohibition of double

jeopardy.  B. Different states use different means of executing convicts in capital cases.  C. The death penalty may constitute cruel and unusual punishment.  D. Federal law and state law differ in their definitions of what constitutes a capital crime.  Answer - C

The Supreme Court’s decision in Miranda v. Arizona was based mainly on the  A. Constitutional prohibition of ex post facto laws  B. Due Process Clause of the Fifth Amendment  C. Eighth Amendment restrictions against cruel and

unusual punishment  D. First Amendment Free Exercise clause  Answer B

The Supreme Court has used the practice of selective incorporation to  A. limit the number of appeals filed by defendants in

state courts  B. extend voting rights to racial minorities and women.  C. apply most Bill of Rights protections to state law.  D. hasten the integration of public schools  Answer - C

Which of the following most accurately describes the right of American citizens to privacy?

 A. the right to privacy is determined entirely by the

states on a case-by-case basis.  B. the right to privacy is explicitly granted in the Preamble to the Constitution.  C. The Supreme Court has ruled that the right to privacy is implied by the Bill of Rights.  D. Common law requires the government to respect citizens’ right to privacy  Answer - C

The exclusionary rule was established to  A. create “separate but equal facilities to facilitate

racial segregation.  B. allow private organizations to restrict their memberships.  C. limit the government’s ability to use illegally obtained evidence.  D. prevent the government from violating citizens’ rights to privacy.  Answer - C

Preferential hiring practices, intended to give opportunities to minorities who have suffered previous job discriminations, are known collectively as

 A. reverse discrimination  C. strict scrutiny  Answer - B

B. affirmative action D. comparable worth

The concept of strict scrutiny is applied by  A. the Equal Employment Opportunity Commission when 

 

looking into disability based discrimination B. the federal courts in cases where evidence was obtained without respect for a suspect’s Fourth Amendment rights C. the federal courts in cases in which a confession was obtained from a suspect without his having an attorney present. D. the federal courts in discrimination cases where race is used as a classification Answer - D

All of the following rights are specifically protected in the main body of the Constitution EXCEPT  A. no religious tests for public office  B. limits on suspension of the writ of habeas corpus  C. no ex post facto laws

 D. free exercise of religion

Answer - D

A state cannot apply a license fee on Jehovah’s Witnesses who solicit door to door. This in keeping with the  A. Free-Exercise Clause of the First Amendment.  B. wall of separation called for by Thomas Jefferson  C. Establishment Clause of the First Amendment.

 D. three-part test for constitutional aid to religions.  Answer - A

In response to the feminist movement, Congress passed laws that  A. gave women equal access to enter all private clubs.  B. outlawed all-male schools.  C. required equal pay for equal work.  D. women soldiers in the army could fight in combat roles  Answer - C

Why is the all-male draft constitutional even though it is gender discrimination? Because...  A. it meets the standard of strict scrutiny – men are much

more effective in combat than women.  B. there is a rational basis for the law – the nation has never needed so many troops that it required women in combat.  C. it meets intermediate scrutiny – on average, women have less upper body strength than men.  D. discrimination against men is legal – they are not in a protected class.  Answer C

The landmark case on illegally obtained evidence was  A. Mapp  C. Gideon  Answer - A

B. Miranda D. Gitlow

Which of the following statements best describes the Supreme Court’s position on affirmative action?  A. Quotas can be used in college admissions to achieve

a racially balanced student body.  B. Laws should be color-blind and race neutral.  C. Affirmative action programs are not legal, because they are reverse discrimination. D. Quotas are viewed with strict scrutiny, but preferences are acceptable for the purpose of achieving diversity  Answer - D

The Fourteenth Amendment effectively overturned which 19th century Supreme Court decision?

   

A. Civil Rights Cases B. Plessy v. Ferguson C. Barron v. Baltimore D. Dred Scott v. Sanford

 Answer - D

The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the U.S. Constitution. This is known as the doctrine of  A. prior restraint  C. reasonableness  Answer - B

B. preferred freedoms D. strict scrutiny

Which of the following minority groups over the course of American history has been most subject to the “reasonableness standard?”  A. blacks  B. Hispanics  C. Native Americans  D. women  Answer D

Which of the following civil liberties has not been applied to state governments through the Supreme Court’s selective incorporation of the 14th Amendment’s Due Process Clause?  A. the right to a jury in a civil trial  B. the right to bear arms  C. the right to privacy  D. the right to counsel when accused of a crime  Answer - A

The Supreme Court’s Webster abortion ruling in 1989 had the effect of

 A. placing further restrictions on application of the

Hyde Amendment.  B. giving additional support to Roe v. Wade.  C. removing abortion from the political agenda.  D. giving impetus to the pro-life movement. Answer - D

Courts sometimes apply the “Lemon Test” to determine violations of  A. freedom of speech  B. freedom of the press

 C. the Free Exercise Clause  D. the Establishment Clause  Answer - D

The Supreme Court has used the Fourteenth Amendment to apply portions of the Bill of Rights to state law by citing the amendment’s  A. prohibition on unreasonable search and seizures.  B. Due Process Clause  C. guarantee of privacy rights.

 D. Equal Protection Clause

Answer - B

All of the following are examples of Jim Crow laws that existed in the early 1950s EXCEPT

 A. mandating separate areas on public

transportation for the races  B. literacy tests  C. laws that limited when a couple could get divorced  D. ordinances that segregated public restrooms  Answer - C

A constitutional amendment would be required to ban flag burning because that activity is currently protected by the right to  A. due process  C. free exercise of religion

 Answer - D

B. assembly D. free speech

Title IX is associated with  A. affirmative action programs in school admissions.  B. gender discrimination in collegiate athletic

programs.  C. busing to achieve public school integration.  D. equal rights for the disabled.  Answer - B

Gideon v. Wainwright guaranteed the right of individuals to  A. defense counsel in a criminal case  B. a trial by jury  C. counsel in both civil and criminal cases

 D. plea bargain  Answer - A

In evaluating laws that treat men and women differently, the Supreme Court has generally ruled against the view that  A. such laws must be reasonable.  B. persons in similar circumstances must be treated

alike.  C. gender-based classifications are inherently suspect.  D. the classification must be related to the object of legislation.  Answer - C

Which of the following represents the attitudes of citizens with respect to the issue of separation of church and state?  A. A majority of the population is against a

   

constitutional amendment authorizing silent prayer in the schools. B. Liberals tend to oppose Supreme Court decisions concerning school prayer such as Engel v. Vitale C. A majority of the population feels students should be able to pray in school. D. Citizens in a pluralist society reject the need to recognize the rights of minority religious groups. Answer - C

Liberal activists would probably support which of the following rulings made by the Supreme Court?  A. an abortion case that ruled there should be a 24-hour 

 

waiting period before a woman could get an abortion. B. a search and seizure case limiting the Miranda restrictions placed on the police. C. a free speech case where a provision of a congressional act restricting access to obscene sites on the Internet was declared unconstitutional. D. a free press case giving school officials greater latitude in censoring school newspapers. Answer C

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