Which of the following is an accurate comparison of civil liberties and civil rights?

“[I]t has already been incontrovertibly shown that on the present occasion a bill of rights was totally unnecessary, and that it might be accompanied with some inconveniency and danger if there was any defect in the attempt to enumerate the privileges of the people. This system proposes a union of thirteen sovereign and independent states in order to give dignity and energy to the transaction of their common concerns. It would be idle, therefore to countenance the idea that any other powers were delegated to the general government than those specified in the Constitution itself.”

Justice Thomas McKean at the Pennsylvania State Convention to ratify the Constitution, edited by John Back McMaster and Frederick D. Stone, 1788

Which of the following best summarizes the author’s argument?

Which of the following scenarios represents a violation of one of the civil liberties protected by the Bill of Rights?

Which statement accurately summarizes the impact of the Engel v. Vitale (1962) decision?

Which of the following statements best explains how the Court’s ruling in Engel v. Vitale (1962) changed the balance between governmental power and individual liberty?

Based on previous rulings, the Supreme Court is likely to view which of the following as a free exercise clause case?

"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State."

Thomas Jefferson, letter to the Danbury Baptist Association, 1802

Supporters of Jefferson’s view that the legislature should “make no law respecting an establishment of religion” could point to which of the following cases?

Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?

Which of the following Supreme Court cases is most relevant to the topic of the cartoon?

Which of the following is an accurate comparison of the two court cases?

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

“In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.”

-Justice Hugo Black

Based on the text, which of the following statements would the author most likely agree with?

Which of the following statements accurately summarizes the decision in New York Times Co. v. United States (1971)?

Which of the following is an accurate comparison of the two cases?

Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?

Which of the following scenarios is an example of how a state can restrict protected speech under the First Amendment?

“In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion.”

Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787

Which of the following statements best summarizes the author’s argument?

In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord’s Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment.

Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)?

“As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home ‘the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family, . . .would fail constitutional muster.’”

-Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008)

Supporters of Scalia’s view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument?

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008)

Which of the following statements is most consistent with the author’s argument in this passage?

Which of the following statements explains how the Supreme Court has attempted to balance the power of the government with protections for individual liberties?

In District of Columbia v. Heller (2008), the Court held that the District of Columbia could not ban the registration of handguns or require weapons to be nonfunctional in the home.

Which of the following amendments was the focus of the Court's ruling?

Which of the following amendments is most relevant to the topic of the cartoon?

“It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life.”

-Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986)

Based on the text, which of the following amendments was the focus of the Court’s ruling in Ford v. Wainwright (1986)?

“Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don’t make us safer.

“The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals.”

-Cecilia Kang, “Ron Wyden Discusses Encryption, Data Privacy and Security,” New York Times, October 9, 2016

Based on the text, which of the following statements would Senator Wyden most likely agree with?

“Everyone believes that the FBI should have the tools it needs to catch dangerous criminals. But too often over the past decade, intelligence and law enforcement agencies choose approaches that sweep up information from millions of innocent Americans instead of targeting terrorists and criminals. These approaches don’t make us safer.

“The changes to Rule 41 allow the FBI to hack millions of victims of cybercrime. These victims of hacks are regular people, not criminals.”

-Cecilia Kang, “Ron Wyden Discusses Encryption, Data Privacy and Security,” New York Times, October 9, 2016

Which of the following constitutional provisions limits the power of the federal government to collect digital metadata as described by Senator Wyden?

Which of the following government policies would be most likely to draw criticism for interfering with individual rights under the Second Amendment?

Which of the following best describes the message of the GIF above?

In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers.

Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense.

Which of the following is a reason for this?

Which of the following amendment protects citizens from cruel and unusual punishments?

“In … [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states."

Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia

Based on the text, which of the following statements would the author most likely agree with?

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel.

Which of the following statements best explains the impact of this decision?

Selective incorporation is best defined as which of the following?

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure.

Which of the following statements best explains the impact of this decision?

“National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans.”

A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015

Based on the text, which of the following statements would Senator Lankford most likely agree with?

The exclusionary rule can best be described as which of the following?

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant.

This case is an example of which of the following?

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A right to privacy is best defined as which of the following?

“[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient’s pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State.”

Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973)

Which of the following statements is most consistent with the author’s argument in this passage?

In 1988 and 1989, the Pennsylvania legislature amended its abortion control law. The changes included requiring a 24 hour waiting period for the procedure and that a married woman must notify her husband that she intends to have an abortion. In a 5-4 ruling, the Court upheld most of the Pennsylvania laws because they did not create a “substantial obstacle” to a woman seeking an abortion. This became known as the undue-burden test.

Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)?

Which of the following is an accurate comparison of the two court cases?

Which of the following is an accurate comparison of the two court cases?

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel.

Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration?

Which of the following best describes the message in the political cartoon?

A suspected terrorist has chosen to remain silent after being arrested, yet the police continue to question him on potential locations of a bomb without informing him of his rights.

This scenario is an example of which of the following?

Which of the following scenarios would likely be considered an unconstitutional use of state power under the due process clause of the Fourteenth Amendment?

“Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?”

-Excerpt from King, Martin Luther Jr., “Letter from the Birmingham Jail” in Why We Can’t Wait, ed. Martin Luther King, Jr., 77-100, 1963.

Which of the following statements best explains Martin Luther King's argument regarding democratic participation in the above excerpt?

Based on previous rulings, which of the following scenarios would most likely violate the equal protection clause of the Fourteenth Amendment?

“An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal.”

-Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963.

Which of the following constitutional provisions guarantees that “sameness [is] made legal” in King’s argument?

Which of the following statements best explains why the Civil Rights Act of 1964 was a significant political event?

In the 1960s and 1970s, women began protesting gender discrimination in colleges and universities, such as unequal scholarship allocation to men’s sports and women’s sports.

Which of the following statements describes how Congress responded to this situation?

Which of the following statements best explains why the Voting Rights Act of 1965 was a significant political event?

In 1954, the Supreme Court ruled that race-based segregation in a public school system was unconstitutional.

Which of the following constitutional provisions did the Supreme Court use to support their decision?

In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a “whites only” train. He refused to move to the car reserved for black people and was arrested. In Plessy v. Ferguson (1896), the Supreme Court ruled in a 7-1 vote to uphold the Louisiana law.

Which of the following constitutional clauses does this case have in common with Brown v. Board of Education (1954)?

Based on previous rulings, which of the following scenarios would the Supreme Court most likely rule violate the equal protection clause of the Fourteenth Amendment?

In 1890, Louisiana enacted a law that required separate railway cars for black people and for white people. Homer Plessy took a seat in a “whites only” train. He refused to move to the car reserved for black people and was arrested. The case went to the Supreme Court and the Supreme Court ruled to uphold the Louisiana law.

Which statement accurately summarizes the impact of the Plessy v. Ferguson (1896) decision?

“The District Court’s assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan’s own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court’s credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho’s resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments.”

-Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017

Supporters of Kagan’s view that a state cannot use race as a predominant factor in creating districts could cite which of the following cases as precedent?

Which of the following scenarios would be considered a violation of the equal protection clause of the Fourteenth Amendment?

The data displayed in the table above best supports which of the following statements?

“The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all. . . . Undoubtedly there are other ways to ‘better’ the education of law students aside from ensuring that the student body contains a ‘critical mass’ of underrepresented minority students."

Associate Justice Clarence Thomas, dissenting opinion in Grutter v. Bollinger (2003)

Which of the following statements is most consistent with the author’s argument in this passage?

“The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all. . . . Undoubtedly there are other ways to ‘better’ the education of law students aside from ensuring that the student body contains a ‘critical mass’ of underrepresented minority students.

Associate Justice Clarence Thomas, dissenting opinion in Grutter v. Bollinger (2003)

Based on the text, which of the following statements would the author most likely agree with?

“The District Court’s assessment that all this evidence proved racial predominance clears the bar of clear error review. The court emphasized that the districting plan’s own architects had repeatedly described the influx of African-Americans into District 12 as a . . . compliance measure, not a side-effect of political gerrymandering. And those contemporaneous descriptions comported with the court’s credibility determinations about the trial testimony—that Watt told the truth when he recounted Rucho’s resolve to hit a majority-BVAP target; and conversely that Hofeller skirted the truth (especially as to Guilford County) when he claimed to have followed only race-blind criteria in drawing district lines. We cannot disrespect such credibility judgments.”

-Associate Justice Elena Kagan, opinion of the Court in Cooper v. Harris, 2017

Based on the text above, which of the following statements would the author agree with?

In the public opinion poll described in the table above, two groups of approximately 1500 people were asked if they favored or opposed the following statements:

Statement A: To overcome past discrimination, do you favor affirmative action programs to help blacks get better jobs/education?

Result: 60% of respondents said they favored these programs.

Statement B: To overcome past discrimination, do you favor affirmative action programs which give special preferences to qualified blacks in hiring/education?

Result: 46% of respondents said they favored these programs.

Which of the following most likely accounts for the different results?

In 1963, Martin Luther King, Jr. organized the March on Washington to protest racial discrimination and segregation in public places.

Which of the following statements describes how Congress responded to this situation?

In Swann v. Charlotte-Mecklenberg County Schools (1971), the Supreme Court held that schools could assign students to schools outside of their district to achieve racial balances.

Which of the following cases did the Court use as precedent in their decision?

In 2006, the Supreme Court heard a case about a state banning a substance used during religious ceremonies. The state banned the substance because it contained a drug prohibited by the Controlled Substances Act. But the religious organization, O Centro Espirita Beneficiente Uniao de Vegetal (UDV) said the government was interfering with religious practices by banning the use of the substance. The Supreme Court agreed and ruled that the government did not prove a compelling interest in regulating the UDV’s use of drugs for religious ceremonies.

Which of the following constitutional clauses does this case have in common with Wisconsin v. Yoder (1972)?

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure.

Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

“Universities cannot establish quotas for members of certain racial or ethnic groups or put them on separate admissions tracks. The Law School's admissions program . . . satisfies these requirements. Moreover, the program is flexible enough to ensure that each applicant is evaluated as an individual and not in a way that makes race or ethnicity the defining feature of the application. The Law School engages in a highly individualized, holistic review of each applicant's file, giving serious consideration to all the ways an applicant might contribute to a diverse educational environment.”

Justice Sandra Day O’Connor, writing for the Court in Grutter v. Bollinger (2003)

Which of the following governmental policies would the author most likely support?

Which of the following civil liberties is protected under the Second Amendment?

“It is clear that the ancient and humane limitation upon the State's ability to execute its sentences has as firm a hold upon the jurisprudence of today as it had centuries ago in England. The various reasons put forth in support of the common-law restriction [on executing the insane] have no less logical, moral, and practical force than they did when first voiced. For today, no less than before, we may seriously question the retributive value of executing a person who has no comprehension of why he has been singled out and stripped of his fundamental right to life.”

-Associate Justice Thurgood Marshall, majority opinion in Ford v. Wainwright (1986)

Which of the following statements is most consistent with the author’s argument in this passage?

In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. The Executive Director of the Planned Parenthood League of Connecticut disobeyed this law and was arrested. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights implies that people have a right to privacy.

Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)?

Which statement accurately summarizes the impact of the Brown v. Board of Education (1954) decision?

Which of the following best illustrates the concept of civil rights?

Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?

Which of the following scenarios represents a violation of one of the civil liberties protected by the Bill of Rights?

Which of the following accurately describes the information presented in the pie charts?

“The Constitution abhors classifications based on race, not only because those classifications can harm favored races or are based on illegitimate motives, but also because every time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all. . . . Undoubtedly there are other ways to ‘better’ the education of law students aside from ensuring that the student body contains a ‘critical mass’ of underrepresented minority students.

Associate Justice Clarence Thomas, dissenting opinion in Grutter v. Bollinger (2003)

Based on the text, which of the following statements would the author most likely agree with?