2. Which rationale did the Supreme Court use to explain their decision in Brown v. BOE in 1954? A. The equal-protection clause of the 14 th Amendment makes the Constitution “color-blind.” B. The authors of the 14 th 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 -

3. 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 -

4. Which of the following reflects a movement to incorporate the Bill of Rights to apply to the states? A. Barron v. Baltimore B. the 14 th Amendment C. Gitlow v. NY D. Marbury v. Madison Answer

5. 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 -

6. 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 -

7. 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 1 st 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 -

8. The Court precedent of “clear and present danger” was set by which famous case? A. Schenck v. U.S. B. Gitlow v. New York C. Mapp v. Ohio D. Griswold v. Connecticut Answer -

9. 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 C. II and III only D. III and IV only Answer

10. 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 -

11. 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

12. 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 -

13. 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

14. 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 -

15. 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 -

16. 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 -

17. Preferential hiring practices, intended to give opportunities to minorities who have suffered previous job discriminations, are known collectively as A. reverse discrimination B. affirmative action C. strict scrutiny D. comparable worth Answer -

18. 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 -

19. 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. privacy Answer -

20. 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 -

21. 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. there is a rational basis for the law – on average, women have less upper body strength than men. D. discrimination against men is legal – they are not in a protected class. Answer

22. The landmark case on illegally obtained evidence was A. Mapp B. Miranda C. Gideon D. Gitlow Answer -

23. 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 -

24. 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 -

25. The right of free expression, although not absolute, enjoys a higher status than the other rights granted by the U.S. Constitution. This falls under as the test known as A. prior restraint B. fundamental rights C. reasonableness D. strict scrutiny Answer -

26. 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

27. 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 -

28. 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 -

29. A constitutional amendment would be required to ban flag burning because that activity is currently protected by the right to A. due process B. assembly C. free exercise of religion D. free speech Answer -

30. 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 -

31. 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 -

32. 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 -

33. 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 -

34. 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