Unit 3 Review

In separate congressional and criminal investigations, it is revealed that the president has important information related to the investigations. Congress wants the president to testify at a hearing and the prosecutor wants the president to testify during a criminal trial. The president argues that, in order to do his job as president, he should not be required to testify. The Supreme Court, in interpreting the law, orders the president to testify.

How has the rule of law restricted government actions?

• Ⓐ by requiring the president to testify in the case

• Ⓑ by forcing the Supreme Court to hear the case

• Ⓒ by compelling the lower court to appeal the matter

• Ⓓ by obligating the Congress to request the evidence

The following quotation by Thomas Paine relates to the concept of rule of law.

"...in America the law is King. For as in absolute governments the King is law, so in free countries the law ought to be King; and there ought to be no other." Source: Public Domain/ Common Sense , 1776

How do these ideas impact the United States government?

• Ⓐ The rule of law is similar to a king's power, and the U.S. government should not question the rule of law.

• Ⓑ The rule of law has power like a king does, and all the branches of the U.S. government must uphold the rule of law.

• Ⓒ The rule of law is greater than a king's power, and laws can allow the U.S. government to keep some information secret.

• Ⓓ The rule of law has more power than a king, and the rule of law does not share power with any other branch of U.S. government.

In the early 1970s, several men broke into the Democratic Party's national headquarters at the Watergate building in Washington, D.C. In the investigation that followed, the judge ordered that tapes of conversations that had taken place at the White House be given to the court as evidence. President Nixon refused to turn over the tapes, claiming executive privilege. Executive privilege is a concept that is based on the idea that the president needs to keep some information secret. In United States v. Nixon, the Supreme Court ruled that when the information was important to a criminal case, executive privilege could not be used.

Based on this description, which statement describes the impact of this Supreme Court ruling?

• Ⓐ It upheld the principle that all U.S. citizens must obey the law.

• Ⓑ It upheld the principle that all governmental power is held by the people.

• Ⓒ It upheld the principle that the power of the U.S. government must be separated among the branches.

• Ⓓ It upheld the principle that the rights of those accused of crimes must be respected by the government.

In the landmark U.S. Supreme Court case Brown v. Board of Education (1954), parents sued the Topeka, Kansas, Board of Education for violating their child's Fourteenth Amendment right to equal protection under the law by separating students by race. The District Court ruled in favor of the Topeka Board of Education. On appeal, the U.S. Supreme Court ordered this ruling to be reversed.

Which statement best describes the impact of the U.S. Supreme Court's ruling in this case?

• Ⓐ It gave parents the right to choose their children's schools in Kansas.

• Ⓑ It created racially separate schools of equal quality in the United States.

• Ⓒ It gave parents the right to sue their children's school districts in Kansas.

• Ⓓ It made it illegal to create racially segregated schools in the United States.

The Miranda warning is given by police when taking a suspect into custody. The Miranda warning reads: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you." Source: Public Domain\www.mirandawarning.org

Which constitutional principle would an attorney use to justify the importance of the Miranda warning?

• Ⓐ the Sixth Amendment right to a jury trial

• Ⓑ the Seventh Amendment right to a lawyer

• Ⓒ the Fifth Amendment protection from self-incrimination

• Ⓓ the Fourth Amendment protection from unwarranted searches

Sarah and Lucia were accepted to the same college. The two women decided to share a house during the school year. They both signed a rental contract with a landlord. After the first semester, Sarah decided to change schools. Sarah moved out without telling Lucia. Sarah also refused to pay her share of the rent to Lucia.

Which type of law addresses the scenario?

• Ⓐ civil law

• Ⓑ military law

• Ⓒ criminal law

• Ⓓ constitutional law

An angry mob attacks and beats up a suspect arrested by the police for theft.

How does this action violate the rule of law?

• Ⓐ by supporting double jeopardy

• Ⓑ by supporting excessive bail

• Ⓒ by denying judicial review

• Ⓓ by denying due process

Clarence Gideon was arrested on suspicion of breaking into a business. When he went to court, he asked the judge for a lawyer. The judge refused and Gideon was found guilty. He appealed his case to the Supreme Court.

Which constitutional right provided the legal basis for Gideon's appeal?

• Ⓐ to be informed of his rights

• Ⓑ to be tried by a jury of his peers

• Ⓒ to have assistance with his defense

• Ⓓ to be informed of the charges against him

The landmark U.S. Supreme Court case Hazelwood v. Kuhlmeier (1988) began when stories in a school newspaper designed as part of a class project were removed by the school's principal. The student editor, Cathy Kuhlmeier, sued the school district for violating her First Amendment rights. The District Court held that the stories should not have been removed. The U.S. Supreme Court overruled that decision.

Which statement best describes the impact of the U.S. Supreme Court's ruling in Hazlewood v. Kuhlmeier?

• Ⓐ The right of students to sue their principal was upheld.

• Ⓑ School newspapers could be censored by school officials.

• Ⓒ School newspapers could be banned by school authorities.

• Ⓓ The right of students to sue their school districts was upheld.

. . . the wearing of armbands [by the students] in the circumstances of this case was entirely [separate] from . . . the disruptive conduct by those participating in it. It was close . . . to "pure speech" which is entitled to [complete] protection under the First Amendment. . . . It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. . . . Source: Public Domain/U.S. Supreme Court

Which conclusion can be drawn from this ruling?

• Ⓐ First Amendment protections apply only to teachers at school.

• Ⓑ Students have First Amendment protections whenever they choose to express themselves.

• Ⓒ First Amendment protections for students includes all expressive behavior in school.

• Ⓓ Students have First Amendment protection as long as it does not interfere with school.