AP U.S. Govt. & Politics
Exam ch 4.1-8
2013
1)
Civil liberties are ___that the government cannot take away.
a) recognitions of equality
b) religious freedoms
c) property rights
d) business rights
e) protections
2)
The Bill of Rights is made up of the first ___amendments to the U.S. Constitution.
a) ten
b) twelve
c) five
d) three
3)
Which clause prevents the national government from sanctioning an official religion?
a) free exercise
b) establishment
c) full faith and credit
d) equal protection
e) due process
4)
The incorporation doctrine makes the protections from the Bill of Rights applicable to the states through
which of the following amendments?
a) Fifth
b) Fourth
c) Fourteenth
d) Tenth
e) Sixth
5)
Gitlow v. New York, in which the Supreme Court held that freedom of speech and of the press are
fundamental liberties protected by the Fourteenth Amendment from impairment by the states, began the
development of the doctrine of ________.
a) eminent domain
b) establishment
c) free exercise
d) full faith and credit
e) incorporation
6)
What did Abington School District v. Schempp find to be unconstitutional?
a) state-mandated Bible reading
b) discrimination against homosexuals
c) forced sterilization
d) imprisonment without a trial
e) segregated education
7)
The free exercise clause guarantees that the national government will not interfere with which of the
following?
a) business
b) speech
c) religion
d) education
e) finance
8)
Freedom of assembly is guaranteed by which constitutional amendment?
a) First
b) Fifth
c) Third
d) Second
e) Fourth
9)
Which of the following generally is unconstitutional in school?
a) a weapon
b) fighting
c) free speech
d) prayer
e) punishment
10) Which test examines the constitutionality of aid to church-related schools?
a) Due Process test
b) Lemon test
c) Free Exercise test
d) Prior Restraint test
e) Orange test
11) The Supreme Court has aroused the wrath of many Americans with rulings like that in Engel v. Vitale
regarding which controversial religious issue?
a) use of public funds in religious organizations
b) displays of religious symbols on government buildings
c) recitation of prayer and Bible passages in school
d) displays of religious symbols during holidays
e) teaching of evolution in school
12) The Supreme Court has used incorporation to ___the rights of states.
a) expand
b) limit
c) protect
d) enforce
e) define
13) In matters of religion, the free exercise clause protects individuals from which of the following?
a) segregation
b) discrimination
c) persecution
d) governmental intrusion
e) dissenting opinions
14) Which clause states that Congress shall make no law respecting an establishment of religion?
a) establishment
b) free exercise
c) due process
d) equal protection
e) full faith and credit
15) In Zelman v. Simmons-Harris, in upholding a state program providing families with vouchers that could be
used to pay tuition at religious schools, the Supreme Court ___of its earlier decisions.
a) contradicted the reasoning
b) loosened the constraints
c) enforced the rationale
d) defined the limits
e) narrowed the scope
16) In Barron v. Baltimore, the Supreme Court held that the Bill of Rights limits ________, not ________, action.
a) federal; local
b) federal; state and local
c) state; local
d) state; federal
e) local; state
17) The Fourth Amendment protects citizens from which of the following?
a) fines
b) double jeopardy
c) self-incrimination
d) trials without a jury
e) search and seizure
18) Which of the following best represents the reasoning used by the Supreme Court in Church of the Lukumi
Babalu Aye, Inc. v. City of Hialeah, in which the Court overturned a city ordinance prohibiting the ritual killing
of animals?
a) Any law banning a religious practice must be passed at the state, not the local, level.
b) The establishment clause would prevent the city from having such an ordinance.
c) People must be free to practice their religion, no matter what it involves.
d) A government that permits other forms of killing animals may not ban sacrifices.
e) Local laws that interfere with religion, even if not aimed at religion, are unconstitutional.
19) In Engel v. Vitale, the Supreme Court found it unconstitutional to require school children to do which of the
following?
a) desegregate
b) pay for books
c) take standardized tests
d) be bussed
e) pray
20) The relationship between the state and religion is addressed in╔
a) the clear and present danger clause.
b) the establishment clause.
c) the free exercise clause.
d) (b and C)
21) The establishment clause does all of the following except...
a) prohibits the establishment of a state religion.
b) provides a wall of separation between church and state.
c) was furthered by the Lemon v. Kurtzman decision.
d) allows student led prayer at football games
22) The Supreme Court maintains that the establishment clause prevents all of the following evils EXCEPT...
a) sponsorship.
b) financial support.
c) active involvement of government in religious activity.
d) accommodating to religious needs.
23) Prayer in public schools...
a) is strictly unconstitutional.
b) may not be endorsed by school authorities.
c) may not be audible.
d) is constitutional if it is a nondenominational.
24) The principle behind provisions of federal aid to some parochial school activities is...
a) when the student’s abilities and needs are more important than religious issues.
b) whether the parochial school is certified.
c) whether aid has a secular purpose and does not confer state endorsement of religion..
d) related to the age of the students. Older students (university) are less likely to be influenced by religious
teachings.
25) All are true about the free exercise clause EXCEPT that...
a) The right to practice a religion is less protected than the right to hold beliefs.
b) Employment Division v Smith held that a generally applicable law can hurt religious practice.
c) Congress passed the Religious Freedom Restoration Act in order to create a more restrictive standard
than in Supreme Court’s ruling in Employment Division v Smith.
d) Most recently, the Supreme Court has held that the use of hallucinogenic tea in religious practices is not
constitutionally protected.
26) In Roth v. U.S., the U.S. Supreme Court held that material must be utterly without social importance in order
to be considered ________.
a) illegal
b) a prior restraint
c) obscene
d) fighting words
e) hate speech
27) A false written statement is ________; the same statement spoken aloud is ________.
a) libel; defamation
b) libel; slander
c) slander; defamation
d) slander; libel
e) defamation; slander
28) Which amendment protects the right to bear arms?
a) Second
b) Fifth
c) Fourth
d) First
e) Third
29) New York Times Co. v. Sullivan held that there must be proof of which of the following in order to find libel
against a public figure?
a) a written record
b) an audience
c) actual malice
d) property loss
e) actual harm
30) Near v. Minnesota was a landmark Supreme Court case involving which of the following?
a) prior restraint
b) exclusionary rule
c) due process clause
d) selective incorporation doctrine
e) free exercise clause
31) In recent years, the Supreme Court has struggled to address ___on the Internet in a First Amendment
context.
a) libel
b) obscenity
c) slander
d) fighting words
e) hate speech
32) Which of the following Supreme Court cases demonstrates how reluctant the courts are to exercise prior
restraint even when national security issues are involved?
a) Near v. Minnesota
b) New York Times v. United States
c) Roe v. Wade
d) Barron v. Baltimore
e) Miranda v. Arizona
33) Prohibiting a newspaper from publishing a story critical of the government is example of what kind of law?
a) prior restraint
b) criminal
c) civil
d) content-based
e) viewpoint-based
34) During World War I, the Supreme Court upheld the conviction of Charles T. Schenck, ruling that government
can limit speech that ________.
a) is a prior restraint
b) creates a clear and present danger
c) is critical of the government
d) qualifies as hate speech
e) is symbolic but obscene
35) Which Supreme Court case upheld an individual’s right to have a gun in his or her home?
a) Gideon v. Wainwright
b) Griswold v. Connecticut
c) Mapp v. Ohio
d) Miranda v. Arizona
e) McDonald v. Chicago
36) Commercial speech is constitutionally protected…
a) and applies to any speech intended to make a profit.
b) and is more heavily regulated than other speech.
c) and includes false and misleading political advertising.
d) even to the extent that it protects advertising the sale of illegal goods.
37) A general definition of ╘obscenity╒ includes all of the following EXCEPT that it...
a) offends women.
b) appeals to prurient interests.
c) lacks serious literary or artistic value.
d) lacks political or scientific value.
38) The case that tests for obscenity is …
a) Reno v ACLU
b) Miller v California
c) Roth v IRA
d) Pink Poodle v Smith
39) In the Tinker case, the Supreme Court held that high school students could …
a) wear armbands that protested the Vietnam War
b) be prosecuted for using drugs off-campus
c) did not have a right to symbolic speech
d) be denied a diploma if they weren’t cool.
40) The Supreme Court said that a march by the American Nazi Party in a Jewish neighborhood of Chicago was
a) a constitutional right of free assembly
b) not protected by the Constitution because a march is not the same as an assembly
c) a constitutional right of free speech
d) not protected by the Constitution because it infringed on the rights of Holocaust survivors.
41) In Griswold v. Connecticut (1965), the Supreme Court relied on...
a) principles relating to procedural due process.
b) the right to privacy as implied in the First, Third, Fourth, Fifth, Ninth and Fourteenth Amendments.
c) the moral suasion of the general public.
d) the ╘right to life╒ as implied in the First, Fourth, Fifth, Ninth and Fourteenth Amendments.
e) the 10th Amendment.
42) The purpose of a grand jury is to...
a) find out whether there is enough evidence to hold a trial.
b) report to the judge as to the possible outcome of a trial.
c) render judgment in federal cases.
d) review the decisions of petite juries as part of the appeal process
e) (all of the above)
43) Procedural due process refers to the...
a) appropriate procedures for writing laws.
b) methods by which a law is applied.
c) rights in the 14th amendment which were at the foundation of Brown v. Board of Education.
d) idea that unreasonable laws are unconstitutional.
e) idea that laws must be grounded in a ╘legislative review.
CB 1994
44) The author of the cartoon above would most likely agree with which of the following?
a) Only the exclusionary rule can protect the rights of those accused of violating the law.
b) The exclusionary rule has been detrimental to the maintenance of law and order.
c) Plea bargaining is an effective means of reducing court backlogs.
d) The Warren Court advocated social order at the expense of civil liberties.
e) The Rehnquist Court has been too lenient toward criminals.
45) The power of national and state governments to take private property for public use is termed...
a) regulatory takings.
b) the right of eminent domain.
c) the taking clause.
d) expropriation.
e) nationalization
46) Substantive due process refers to the...
a) appropriate procedures for writing laws.
b) methods by which a law is applied.
c) rights in the 14th amendment which were at the foundation of Brown v. Board of Education.
d) idea that unreasonable laws are unconstitutional.
e) idea that the substance of prosecutorial efforts must conform to criminal statutes.
47) The following are true about search and seizure EXCEPT:
a) Warrantless searchers in public places are unconstitutional.
b) A Terry search allows for a stop and frisk exception to searches of individuals.
c) The Plain-view exception allows for officers to seize evidence without a warrant if it is in plain view.
d) Mapp v Ohio applied the exclusionary rule to the states.
e) The search and seizure rules apply to the federal government.
48) The rule that evidence which is obtained unconstitutionally cannot be used in a criminal trial as part of the
government’s main case is called the...
a) due process clause.
b) rule of evidence.
c) exclusionary rule.
d) ex post facto rule.
e) bill of attainder
49) Which is included as part of the free exercise clause of the First Amendment?
a) The government may not become involved with religious teaching.
b) The government may not embrace some religions at the expense of others.
c) The government may not designate an official religion.
d) The government may not favor religion over non-religion.
e) The government may not interfere with the individual practice of religious beliefs.
50) Since 1925, the Supreme Court has relied on the due process clause of the _________ to uphold the Bill of
Rights on the state level.
a) First Amendment
b) Fifth Amendment
c) Fourteenth Amendment
d) Eighteenth Amendment
e) Twenty-sixth Amendment
51) Probable cause was established to ________.
a) allow the police to arrest any previously-convicted person for any reason
b) protect a felo’ss right to freedom of assembly
c) prevent a person from being convicted if the jury is not convinced of guilt
d) prevent police from obtaining evidence in a random or haphazard manner
e) protect a person from having their property seized by the government for no reason
52) Before engaging in wiretaps of phone and electronic communications, the police must ________.
a) set legal parameters and a timeframe for the wiretap
b) gather evidence against the person who is subject of the wiretap
c) know a crime has been committed
d) clearly identify the target of the investigation
e) obtain a warrant
53) In the 1780s, why did state ratifying conventions insist on the inclusion of a Bill of Rights?
a) They wanted to give the president more power relative to the Congress.
b) They remembered the abuses of civil liberties levied on colonists by the British Empire.
c) They believed that the national government did not have enough power.
d) They were pressured to do so by their local governments.
e) They distrusted states with the power given to them by the Constitution.
54) The two clauses in the Constitution that concern religion are the ________.
a) free exercise clause and the due process clause
b) establishment clause and the clear and present danger clause
c) due process clause and the clear and present danger clause
d) establishment clause and the free exercise clause
e) clear and present danger clause and the free exercise clause
55) The principle established by the Supreme Court, holding that evidence gathered illegally cannot be
introduced into trial, is known as ________.
a) the Miranda rule
b) the rule against prior restraints
c) the Patriot Act
d) the exclusionary rule
e) due process
56) The landmark decision of Roe v. Wade forced states to ________.
a) balance habeas corpus with a woman╒s right to privacy
b) make abortions illegal in cases of rape, incest, and the health of the mother
c) grant paid maternity leave to women who decided not to have abortions
d) make abortions legal throughout all three trimesters of pregnancy
e) find a balance to a woman╒s Fourteenth Amendment right with the state╒s interest in the life of the child
and health of the mother
57) The Fourth, Fifth, Sixth, Seventh, and Eighth Amendments can be incongruent with majority rule because
________.
a) they limit the scope of civil liberties
b) they prevent dissent against the government
c) they ensure minority rule in certain cases
d) they limit the power of Congress in declaring war
e) they protect the rights of criminals
58) The safeguard protecting citizens from testifying against themselves in a trial is found in the __________.
a) “self-incrimination” clause of the Fifth Amendment
b) “equal protection of the laws” clause of the Fourteenth Amendment
c) “double jeopardy” clause of the Fifth Amendment
d) “cruel and unusual punishment” clause of the Eighth Amendment
e) “unreasonable searches and seizures” clause of the Fourth Amendment
59) In order to be legal, a search warrant must specify ________.
a) the approximate time of day that the search will occur
b) the officers who will be searching a location
c) the means by which the search will be carried out
d) the people who police believe committed a crime
e) the area to be searched and what police are searching for
60) The free exercise clause ________.
a) requires community colleges to install filtering software
b) requires age-verification systems for websites
c) prohibits making offensive content available to minors online
d) prohibits Congress from impeding religious beliefs
e) required websites to abide by community standards for obscene materials
61) The assertion that no person accused of a crime should be imprisoned without evidence is the ________.
a) search warrant
b) bill of attainder
c) ex post facto law
d) common law marriage
e) writ of Habeas Corpus
62) Near v. Minnesota was a landmark First Amendment decision affirming ________.
a) freedom of speech
b) freedom of expression
c) clear-and-present-danger doctrine
d) unconstitutionality of prior restraint
e) freedom of assembly
63) Legal opinion about the establishment clause of the First Amendment is split between strict separation of
church and state and accommodation of all religions. The tension between the two camps results in
Supreme Court rulings that:
a) seem to provide support for both sides at the same time
b) try to find common ground for all religions
c) are ignored at the state level
d) have been remarkably consistent over the years
e) vary depending on the case and the justices on the Court
64) Constitutional and legal protections of individuals against government actions are __________.
a) civil liberties
b) civil rights
c) due process rights
d) procedural rights
e) constitutional rights
65) The Fifth Amendment prevents the government from seizing private property without just compensation
because…
a) otherwise, the government could deprive citizens of the fundamental right to property
b) it prevents the government from gathering property transaction taxes from citizens
c) bamks are legally required to officiate the transfer of property from one entity to another
d) it violates a person’s Fifth Amendment right against illegal search and seizure
e) the government would then be able to build public projects through private lands
66) Which of the following is true about the Eighth Amendment?
a) Five states have laws that require a mandatory death penalty for felony murder convictions.
b) It forbids cruel and unusual punishment, which does not include the death penalty.
c) There are some exceptions for legal representation in murder cases.
d) Judges do not have discretion when dealing with minors.