AP Gov.

Chapter 4
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1.

According to your textbook, since its Roe v. Wade decision, the Supreme Court has a. not moved an inch from its dramatic original ruling. b. reversed itself within the last few years and has now overturned the Roe decision. c. greatly extended the right of a woman to make her own decision about terminating her pregnancy. d. generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe. e. been silent on the politically divisive issue of abortion.

generally moved to allow states more room to regulate abortions (e.g., waiting periods) than was true in Roe.

5.

Cruel and unusual punishment is forbidden by the a. Sixth Amendment. b. exclusionary clause. c. self-incrimination clause. d. Fifth Amendment. e. Eighth Amendment.

Eighth Amendment.

6.

Fourth Amendment protections against unreasonable search and seizure are most relevant to which stage of the criminal justice system? a. Arrest made b. Interrogation held c. Evidence gathered d. Trial held e. Suspicion cast

Evidence gathered.

2.

Advertising is considered a form of ________ and, according to the decisions of the Supreme Court, is subject to greater restrictions on free speech than religious or political speech. a. commercial speech b. imaged expression c. symbolic speech d. propaganda e. paid speech

commercial speech.

7.

Freedom of religion is guaranteed by the ______ Amendment. a. Fourth b. Third c. Second d. First e. Tenth

First.

8.

Government recognition of a national or official religion is prohibited by the a. establishment clause. b. due process clause. c. free exercise clause. d. Second Amendment. e. freedom of religion.

establishment clause.

3.

Beginning with the case of ________ in 1925, the Supreme Court began to rule that the Bill of Rights applied directly to the states, as well as to the national government. a. United States v. Bill of Rights b. Engel v. Vitale c. Gitlow v. New York d. Miranda v. Arizona e. Barron v. Baltimore

Gitlow v. New York .

4.

Civil liberties are legal and constitutional protections against a. government. b. minority tyranny. c. factions. d. criminals. e. foreign invasions.

government.

9.

Gregg v. Georgia (1976) is significant in that it a. Both b and c are true. b. marks the Supreme Court's ruling that the death penalty is constitutional, even though it is an extreme sanction for the most extreme of crimes. c. settled once and for all debate over whether the death penalty constitutes cruel and unusual punishment. d. was the first time the Court found a state's death penalty practices (in this case, the state of Georgia) to be "freakish" and "random." e. Both a and c are true.

marks the Supreme Court's ruling that the death penalty is constitutional, even though it is an extreme sanction for the most extreme of crimes.

12.

In Dennis v. United States, the Supreme Court a. upheld the federal law banning the Nazi party in the United States and prohibiting its activities. b. upheld the convictions of Communist Party officials who had been sent to prison because of their beliefs. c. overturned the federal law against burning or desecrating the American flag, arguing that it violated free speech. d. ruled that burning a draft card was not covered under free speech. e. overturned the convictions of Communist Party officials who had been sent to prison because of their beliefs.

upheld the convictions of Communist Party officials who had been sent to prison because of their beliefs.

10.

In ________, the Court clarified its doctrine of what was obscene, including such gauges as whether material appealed to merely a prurient interest in sex, and whether it lacked serious artistic, literary, political, or scientific merit. a. Engel v. Vitale b. Federal Communications Commission v. Stern c. Near v. Minnesota d. Miller v. California e. Osborne v. Ohio

Miller v. California
13.

In District of Columbia v. Heller (2008), the Supreme Court ruled that a. prohibitions on concealed weapons are unconstitutional. b. background checks for gun buyers and qualifications on the commercial sale of firearms are unconstitutional. c. the Second Amendment only applies to the right of states to create militias. d. guns must be stored in a fashion that prevents their theft or children from accessing them. e. the Second Amendment protects an individual right to possess a firearm unconnected to service in a militia.

the Second Amendment protects an individual right to possess a firearm unconnected to service in a militia.

11.

In 2008 in Boumediene v. Bush, the Supreme Court ruled that a. The USA PATRIOT Act was unconstitutional. b. National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were unconstitutional. c. foreign terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in U.S. courts. d. foreign terrorism suspects held at Guantanamo Bay do not have any constitutional right to challenge their detention in U.S. courts. e. National Security Agency domestic spying and wiretapping of international telephone calls without court-approved warrants were constitutional.

foreign terrorism suspects held at Guantanamo Bay have constitutional rights to challenge their detention in U.S. courts.
14.

In Gitlow v New York (1925), the Court ruled that freedoms of speech and press were liberties protected by the ________ clause of the Fourteenth Amendment. a. free press b. necessary and proper c. interstate commerce d. due process e. commerce

due process.

15.

In Gonzales v. Carhart (2007), the Supreme Court a. overturned Roe v. Wade. b. upheld a 2003 law banning "partial birth abortion" despite the fact that it does not make an exception to preserve a mother's health. c. ruled that "partial birth abortion" should never be permitted under any circumstances. d. overturned a 2003 law banning "partial birth abortion" because it does not make an exception to preserve the mother's health. e. declared waiting periods for women seeking abortions unconstitutional.

upheld a 2003 law banning "partial birth abortion" despite the fact that it does not make an exception to preserve a mother's health.

17.

In Hamdan v. Rumsfeld (2006) the Supreme Court ruled that a. the president has "inherent power" to fight the war on terror as he sees fit. Therefore, the president can establish judicial procedures on his own. b. the Geneva Convention does not apply because the "enemy combatants" are not soldiers in a recognized army. c. All of the above are true. d. terrorists are not entitled to protection by the Bill of Rights. e. the procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for ensuring a fair trial.

the procedures for trying prisoners at Guantanamo Bay, Cuba, were insufficient for ensuring a fair trial

18.

In its Near v. Minnesota decision of 1931, the Supreme Court ruled that a. states were prohibited from publishing newspapers because that amounted to government censorship of the press and constituted the establishment of a government monopoly. b. a school newspaper was not a public forum and could be regulated "in any reasonable manner" by school officials. c. a CIA agent could not publish a personal memoir without clearing it through the agency. d. states had the power to use prior restraint broadly, but the national government did not. e. the state government could not use prior restraint to shut down an outspoken newspaper.

16.

In Griswold v. Connecticut (1965), the Supreme Court a. overturned a woman's legal right to abortion. b. held that abortion was a woman's legal right. c. overturned a Connecticut state sodomy law. d. ruled that various portions of the Bill of Rights cast "penumbras" protecting a right to privacy, including a right to family planning. e. ruled that the state of Connecticut could legally ban the sale of contraceptives under state police powers of the Tenth Amendment.

ruled that various portions of the Bill of Rights cast "penumbras" protecting a right to privacy, including a right to family planning.

the state government could not use prior restraint to shut down an outspoken newspaper.

19.

In Lemon v. Kurtzman, the Supreme Court established that aid to church-related schools must do all of the following EXCEPT a. not advance religion. b. not create excessive government entanglement with religion. c. treat all religions equally. d. inhibit religion. e. have a secular purpose.

inhibit religion

20.

In Miami Herald Publishing Company v. Tornillo (1974), the Court a. upheld a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism. b. voided a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism. c. ruled that print media would be subject to a lower standard of constitutional review than broadcast media. d. ruled that political candidates' rights to free speech required newspapers to grant them space to communicate with voters. e. ruled that newspapers were prohibited from printing stories that criticized political candidates.

voided a Florida state law requiring newspapers to provide space for political candidates to reply to newspaper criticism.

23.

In Roth v. United States, the Supreme Court held that a. obscenity is not within the area of constitutionally protected free speech. b. outdoor drive-ins could not be barred from showing a film that included nudity. c. the government cannot prohibit discrimination against women priests by churches because it would violate the free exercise of religion. d. the possession of child pornography was not covered by any right to free speech or press, and could be made a crime. e. the film Carnal Knowledge, which had critical acclaim but a sexual theme and explicit scenes, could not be banned.

obscenity is not within the area of constitutionally protected free speech

24.

21.

In NAACP v. Alabama (1958), the Supreme Court ruled that forcing the NAACP to turn over its membership list to the state of Alabama was an unconstitutional violation of the NAACP's a. freedom of religion. b. freedom of association. c. freedom of belief. d. None of these are correct. e. freedom of expression.

freedom of association

In the 1963 case of ________, the Supreme Court ruled that defendants in all felony cases had a right to counsel, and if they could not afford to hire a lawyer, one must be provided. a. Gideon v. Wainwright b. Mapp v. Ohio c. National Bar Association v. United States d. Miranda v. Arizona e. Engel v. Vitale

Gideon v. Wainwright

25.

22.

In Roe v. Wade, the Supreme Court ruled that in the third trimester of pregnancy a. the federal government, but not the states, is prohibited from funding abortions for poor women. b. states can ban abortion except when the mother's health is in danger. c. states are prohibited from funding the abortions of poor women. d. states cannot ban abortion unless the mother's life is in danger. e. states cannot ban abortion.

states can ban abortion except when the mother's health is in danger

In the 1992 case of Planned Parenthood v. Casey, the Supreme Court ruled that abortion a. restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions. b. funding by any level of government was unconstitutional. c. could be completely outlawed by individual states. d. was a fundamental right, and any restrictions on such a right had to be judged by a "strict scrutiny." e. must be funded by state governments when the mother cannot afford it, or it would be a violation of the equal protection clause.

restrictions could be imposed by states if they did not involve "undue burdens" on the women seeking abortions

26.

In the case of ________, the Supreme Court ruled that the Bill of Rights restrained only the national government, not states and cities. a. New York v. the United States b. Miranda v. Arizona c. Engel v. Vitale d. Barron v. Baltimore e. Gitlow v. New York

Barron v. Baltimore

29.

In the case of New York Times v. Sullivan (1964), the Supreme Court ruled that a. government officials cannot sue newspapers for libel since this would entail prior restraint of the press. b. statements made about political figures are libelous only if made with malice and reckless disregard for the truth. c. the publication of the Pentagon papers could be legally barred as a matter of national security. d. statements made about political figures, however malicious, can never be deemed libelous. e. the Pentagon papers could be legally published despite the government's desire to keep the material secret.

statements made about political figures are libelous only if made with malice and reckless disregard for the truth

27.

In the case of ________, the Supreme Court ruled that the protection against unreasonable search and seizure applied to the state and local governments, as well as the national government, thus nationalizing the exclusionary rule. a. Roth v. United States b. Miranda v. Arizona c. Gideon v. Wainwright d. Mapp v. Ohio e. United States v. New York

Mapp v. Ohio

28.

In the case of Miranda v. Arizona, the Supreme Court ruled that a. defendants in all felony cases have a right to counsel, even if the state has to provide such legal assistance. b. the death penalty could be imposed for the most extreme of crimes. c. police must inform any suspect of a series of rights, including the constitutional right to remain silent. d. the police must show probable cause before making an arrest. e. illegally obtained evidence cannot be used in a trial.

police must inform any suspect of a series of rights, including the constitutional right to remain silent

30.

In the case of Schenck v. United States in 1919, Justice Holmes declared that government can limit speech if that speech provokes a. prior restraint. b. a clear and present danger. c. Obscenity. d. libel. e. public demonstrations in opposition to the government.

a clear and present danger.

31.

In the Engel v. Vitale case of 1962, the Supreme Court ruled that ________ was (were) unconstitutional. a. prior restraint b. segregation c. police search or seizure without an authorized warrant d. the Connecticut statute barring the distribution of birth control information e. prayers done as classroom exercises in public schools

prayers done as classroom exercises in public schools.

32.

In the Lemon v. Kurtzman decision of 1971, the Supreme Court ruled that a. aid to church-related schools must be for secular purposes only and cannot be used to advance or inhibit religion. b. devotional Bible reading in public schools was unconstitutional. c. any aid of any sort to churchrelated schools is not constitutional because it violates church-state separation. d. aid to church-related schools is fully constitutional and can be used for any purposes needed by the schools. e. spoken prayers in public schools were unconstitutional.

aid to churchrelated schools must be for secular purposes only and cannot be used to advance or inhibit religion.

36.

Obtaining evidence in a haphazard or random manner, in violation of the Fourth Amendment, is known as a. a violation of privacy. b. cruel and unusual punishment. c. bounty hunting. d. unreasonable search and seizure. e. an Ariel search.

unreasonable search and seizure.

37.

The ________ Amendment forbids forced self-incrimination, stating that no person "shall be compelled to be a witness against himself." a. First b. Fourth c. Ninth d. Twenty-sixth e. Fifth

Fifth

33.

In what case did the Supreme Court rule that a newspaper, no matter how outrageous its opinions, must be allowed to publish without prior restraint? a. Near v. Minnesota b. Wisconsin v. Yoder c. Miranda v. Arizona d. Mapp v. Ohio e. New York Times v. Sullivan

Near v. Minnesota

38.

The ________ is the final interpreter of the content and scope of Americans' civil liberties. a. president b. Supreme Court c. American Civil Liberties Union d. Congress e. Constitution

Supreme Court.

39.

34.

In what case did the Supreme Court rule that suspects must be told of their constitutional rights to remain silent, that what they say can be used against them, and of their right to have an attorney present during any questioning? a. Miranda v. Arizona b. Near v. Minnesota c. Plucennik v. United States d. Gideon v. Wainwright e. Mapp v. Ohio

Miranda v. Arizona

The abridgment of citizens' freedom to worship, or not to worship, as they please is prohibited by the a. due process clause. b. privileges and immunities clause. c. free exercise clause. d. full faith and credit clause. e. establishment clause.

free exercise clause.

40.

The Bill of Rights was adopted primarily in response to a. the abuses committed by the United States Continental Army during the Revolutionary War. b. Shays' Rebellion. c. the Spanish Inquisition. d. British abuses of the colonists' civil liberties. e. the horrors of the French Revolution.

British abuses of the colonists' civil liberties.

35.

Incorporation is the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the due process clause of the _________ Amendment. a. Fourteenth b. First c. Tenth d. Second e. Fifteenth

Fourteenth.

41.

The Bill of Rights was written and proposed by a. President George Washington in 1789. b. the Constitutional Convention in 1787. c. the First Congress of the United States in 1789. d. President Thomas Jefferson in 1801. e. the United States Supreme Court in 1796.

the First Congress of the United States in 1789.

46.

The legal concept through which the Supreme Court has nationalized the Bill of Rights is called the a. disincorporation doctrine. b. due process doctrine. c. enumerated powers doctrine. d. incorporation doctrine. e. implied powers doctrine.

incorporation doctrine

47.

42.

The Fifth Amendment forbids a. forced self-incrimination. b. cruel and unusual punishment. c. illegal searches and seizures. d. All of these except d. e. the government establishment of a national religion.

forced selfincrimination

The principle that "obscenity is not within the area of constitutionally protected speech or press" was established in a. Osborne v. Ohio. b. Miller v. California. c. United States v. Snepp. d. Ohio v. ***cat Theater. e. Roth v. United States.

Roth v. United States

48.

43.

The great freedoms of speech, press, religion, and assembly are contained in the a. Fourth Amendment. b. Second Amendment. c. First, Second, Third, and Fourth Amendments. d. Third Amendment. e. First Amendment.

First Amendment

The principle that statements about public figures are libelous only if made with malice and reckless disregard for the truth was established in a. Osborne v. Ohio. b. Texas v. Johnson. c. Hustler Magazine v. Falwell. d. the Anti-Defamation Act of 1952. e. New York Times v. Sullivan.

New York Times v. Sullivan

49.

44.

The incorporation doctrine involves a. the government's power to regulate corporations. b. the procedures for creating a city government. c. the extension of judicial review to state courts. d. application of the Bill of Rights to the states. e. the interpretation of the commerce clause.

application of the Bill of Rights to the states

The publication of statements known to be false that are malicious and tend to damage a person's reputation is called a. slander. b. fraud. c. obscenity. d. libel. e. symbolic speech.

libel.

50.

The right to assemble and the right to associate with people who share a common interest are protected by the ________ Amendment. a. Eighth b. Tenth c. Fifth d. First e. Second

First.

45.

The language of the First Amendment, "Congress shall make no law," suggests that the Bill of Rights was written to a. restrict the powers of the national government. b. restrict the powers of both the national and state governments. c. enlarge the powers of the state governments. d. restrict the powers of the state governments. e. enlarge the powers of the national government.

restrict the powers of the national government.

51.

The rights of protestors demonstrating outside abortion clinics concern which of the following freedoms? a. Marriage b. Assembly c. Religious expression d. Gun ownership e. Abortion

Assembly

55.

The Supreme Court rulings in Agnostini v. Felton (1997) and Zelman v. SimmonsHarris (2002) together exemplify a(n) a. breaking down of the wall of separation between church and state. b. tightening of the limitations on government involvement in religion. c. opening of public schools to religious activities. d. elimination of government funding for parochial schools. e. loosening of regulations on government aid to parochial schools.

loosening of regulations on government aid to parochial schools

52.

The Supreme Court case of Gideon v. Wainwright a. prohibited government officials from issuing gag orders to the media. b. set guidelines for police questioning of suspects. c. gave only those accused of capital crimes the right to counsel. d. ruled that illegally seized evidence cannot be used in court. e. extended the right to counsel to everyone accused of a felony.

extended the right to counsel to everyone accused of a felony

56.

The Supreme Court's 1991 ruling that a coerced confession introduced during a trial does not automatically taint a conviction if it is a "harmless error" is an example of the Court's recent willingness to make exceptions to the requirements of a. cruel and unusual punishment. b. the right to privacy. c. the exclusionary rule. d. Miranda rights. e. habeas corpus.

Miranda rights

53.

The Supreme Court decision in Barron v. Baltimore (1833) maintained that the Bill of Rights intended to prevent a. both the national and state governments from violating civil rights. b. the United States government from granting titles of royalty. c. cities from taking private property without due process. d. the states from infringing on individual rights. e. only the national government from abridging civil liberties.

only the national government from abridging civil liberties

57.

The Supreme Court's Roe v. Wade decision was issued in a. 1973. b. 1954. c. 1991. d. 1979. e. 1985.

1973.

58.

The two clauses of the First Amendment regarding religion and government are commonly referred to as a. the due process clause and the free exercise clause. b. the establishment clause and the free exercise clause. c. the due process clause and the establishment clause. d. the establishment clause and the necessary and proper clause. e. the free exercise clause and the necessary and proper clause.

54.

The Supreme Court has ruled that government aid to church-related schools a. is permitted when the aid is for a nonreligious purpose. b. is acceptable for things such as field trips and teacher salaries but not for textbooks or transportation to school. c. does not constitute an establishment of religion. d. violates the establishment clause. e. is acceptable if the school is affiliated with a major religion but not for small, fringe religious sects.

is permitted when the aid is for a nonreligious purpose

the establishment clause and the free exercise clause.

59.

Which of the following elements of the Bill of Rights was extended to the states by the Supreme Court case of Near v. Minnesota? a. Right to counsel in felony cases b. Grand jury requirement c. Freedom of the press d. Right to privacy e. Freedom of speech

Freedom of the press

63.

Which of the following is true of the U.S. criminal justice system? a. Recent Supreme Court rulings ensure that judges' authority in sentencing derives from juries' verdicts. b. The Constitution does not specify the size of a jury, but tradition has set the number at twelve. c. Unanimous votes of juries are required for a criminal conviction. d. Approximately 90 percent of all cases begin and end with a guilty plea. e. All of the above are true.

All of the above are true

60.

Which of the following is a form of symbolic speech? a. Burning the American flag b. All of these are forms of symbolic speech. c. Parades d. None of these is a form of symbolic speech. e. Wearing an armband

All of these are forms of symbolic speech

64.

Which of the following restrictions on access to abortion has the Supreme Court argued is constitutional? a. The Court has argued that all of the above are constitutional. b. Requiring doctors to present women with information concerning the risks of abortion c. Twenty-four-hour waiting periods for women seeking abortions d. Parental consent for minors seeking abortions e. Prohibiting "partial birth abortion" without an exception to preserve the mother's health

The Court has argued that all of the above are constitutional

61.

Which of the following is NOT a constitutionally permissible limitation on the Second Amendment right to bear arms? a. Limits on the possession of firearms by the mentally ill and by felons b. Mandatory trigger locks c. Restrictions on dangerous and unusual weapons not typically used for self-defense d. Prohibitions on concealed weapons e. Background checks for gun buyers

Mandatory trigger locks

62.

Which of the following is TRUE of American public opinion on abortion? a. A majority of Americans support abortion under some circumstances. b. A majority of Americans support abortion under all circumstances. c. A majority of Americans oppose abortion under all circumstances. d. More Americans oppose abortion than support it. e. A majority of Americans have no opinion on abortion.

A majority of Americans support abortion under some circumstances.

65.

Which of the following statements regarding the death penalty is NOT true? a. The European Union prohibits the death penalty in member countries. b. The Courts have made it easier for prosecutors to exclude from juries jurors who oppose the death penalty. c. There is evidence that racism plays a role in whites' support of the death penalty. d. Most Americans support the death penalty. e. The Supreme Court has made it easier for death row prisoners to file petitions to delay and appeal their executions.

The Supreme Court has made it easier for death row prisoners to file petitions to delay and appeal their executions