AP US Government : AP US Government

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #951 : Ap Us Government

“. . . nor cruel and unusual punishment inflicted” is the Eighth Amendment’s prohibition on _________________.

Possible Answers:

The death penalty

Life imprisonment without the possibility of parole

None of these answers are correct

Life imprisonment with possibility of parole

Correct answer:

None of these answers are correct

Explanation:

This is a difficult question. Although your first impression may have been to select the “Death penalty,” that answer in incorrect. In fact, none of the answers are correct. Although the Supreme Court effectively forbade the death penalty for about four years in Furman v. Georgia (holding that the death penalty as applied was unconstitutional), the key part of that holding was “as applied.” Thus, when Georgia rearranged their penalty scheme, the Supreme Court upheld the death penalty in Gregg v. Georgia, which has not been overturned. Thus the death penalty is not an unconstitutional restriction of 8th amendment rights.

Example Question #952 : Ap Us Government

Which amendment was written to make certain that the amendments within the Bill of Rights could not be used to deny citizens any un-enumerated rights?

Possible Answers:

10th

5th

8th

9th

Correct answer:

9th

Explanation:

This is a relatively obscure question, as the 9th Amendment is rarely litigated, but the correct answer is the 9th Amendment. The text of the Amendment reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Thus, the 9th Amendment stands for the proposition that the Constitution is not the sum of all rights—it simply mentions some. In other words, it would technically be a violation of the 9th Amendment to deny a historical right based on the fact that it is not specifically listed in the constitution.

Example Question #953 : Ap Us Government

What amendment is often referred to as the “states’ rights amendment”? (In large part because it grants to the states ‘residual’ powers).

Possible Answers:

1st

12th

10th

3rd

Correct answer:

10th

Explanation:

The correct answer is the Tenth Amendment. The Tenth Amendment is often called the “states’ rights amendment” because it grants to the states any rights (1) not specifically granted to the federal government and (2) not forbidden to the states. The Tenth Amendment is a broad and sweeping statement of federalism, although challenges under the 10th rarely gain traction (the potent combination of the Supremacy Clause and Interstate Commerce Clause tend to overwhelm the 10th).

Example Question #1 : Court Cases

Which court case was not decided by the Warren Court?

Possible Answers:

Gideon v. Wainwright, in which it was decided that the defendant in a felony trial must be given a lawyer free of charge if he of she could not afford one on his or her own

Brown v. Board of Education, in which the precedent of "separate but equal," which was established by the "Plessy v. Ferguson," was determined unconstitutional 

Mapp v. Ohio, in which it was decided that illegally obtained evidence could not be used in court.

Roe v. Wade, which officially decriminalized abortion

Baker v. Carr, which ordered that state legislative districts should be as close as possible in terms of population

Correct answer:

Roe v. Wade, which officially decriminalized abortion

Explanation:

The Warren Court did establish the right to privacy through its 1965 decision in the case of Griswold v. Connecticut, but Warren had retired by 1973 when the court, led by Chief Justice Warren Burger, made the landmark Roe v. Wade decision.

Example Question #2 : Court Cases

In which landmark case did the Supreme Court rule that Congress has implied powers under the Necessary and Proper Clause?

Possible Answers:

McCulloch v. Maryland

Miranda v. Arizona

Marbury v. Madison

Brown v. Board of Education

Plessy v. Ferguson

Correct answer:

McCulloch v. Maryland

Explanation:

In 1816, Congress wanted to create a national bank in the United States. However, many states disagreed with this decision because creating a national bank led to economic depression. Thus, Maryland passed laws placing a tax on the bank, but a cashier with the bank (James McCulloch) refused to pay the tax. When this case reached the Supreme Court, the Court decided that although the Constitution did not explicitly allow Congress to create a national bank, it did allow Congress to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers," a clause found in Article 1, Section 8 of the U.S. Constitution. This is known as the "necessary and proper" clause, allowing the federal government to create the bank.

Marbury v. Madison created judicial review. Miranda v. Arizona created Miranda rights. Both Plessy v. Ferguson and Brown v. Board of Education involved the Equal Protection Clause of the Fourteenth Amendment.

Example Question #1 : Court Cases

The Supreme Court Case of Gideon v. Wainwright (1963) held that there was a Constitutional right for 

Possible Answers:

defendants to be allowed to face any accusing witness.

defendants to be able to profit from their crimes.

defendants to appeal to federal courts in state cases.

defendants to have adequate legal counsel provided by the states.

defendants to have their specific rights read upon arrest.

Correct answer:

defendants to have adequate legal counsel provided by the states.

Explanation:

Clarence Gideon was charged by the State of Florida with grand larceny, but was specifically denied an attorney by the court. Gideon appealed to the Supreme Court on his own from prison with a pencil and prison stationary, and the Supreme Court appointed him an attorney so that his case could be heard. The Supreme Court held that under the Fourteenth Amendment's Equal Protection Clause, all states must provide counsel to those who could not afford it in all such criminal cases.

Example Question #2 : Court Cases

The Supreme Court case, District of Columbia v. Heller, relates to which constitutional amendment?

Possible Answers:

The Fifth Amendment

The Fourteenth Amendment

The Second Amendment

The Nineteenth Amendment

The First Amendment

Correct answer:

The Second Amendment

Explanation:

District of Columbia v. Heller (2008) relates to the Second Amendment’s protection of an American citizen's’ right to carry a firearm. The Court ruled that the Second Amendment allows an American citizen to carry a firearm in a Federal enclave, or in his or her own private property.

Example Question #5 : Notable Court Cases

Which Supreme Court Chief Justice presided over the landmark Dred Scott v. Sandford case?

Possible Answers:

Earl Warren

Salmon Chase

John Jay

John Marshall

Roger Taney

Correct answer:

Roger Taney

Explanation:

The Supreme Court case, Dred Scott v. Sandford (1857), was an extremely important case in the build-up to the Civil War. It was presided over by Chief Justice Roger Taney, who delivered the verdict that not only could Scott not sue in a Federal court, due to his being black and thus not being a citizen, but also that the government had no right to regulate the extension of slavery into the territories. Not surprisingly, the verdict inspired widespread outrage among abolitionist parties in the North and furthered the divide between the North and the South.

Example Question #6 : Notable Court Cases

Which twentieth-century Supreme Court case centered around the rights to individual and marital privacy?

Possible Answers:

Lemon v. Kurtzman

Griswold v. Connecticut

Buckley v. Valeo

Roe v. Wade

Miranda v. Arizona

Correct answer:

Griswold v. Connecticut

Explanation:

The Supreme Court case, Griswold v. Connecticut (1965), centered around a Connecticut law that prevented anyone from using any drug to prevent conception. The Supreme Court ruled against the state of Connecticut and decided that the government had no right to regulate contraception because it violated the rights to individual and marital privacy—a right not explicitly stated in the Constitution, but one the Court inferred from other protections established in the Constitution.

Example Question #3 : Court Cases

Which Supreme Court case held that the States are bound by the decisions of the Supreme Court and cannot nullify the decisions of the Federal courts even if they disagree with them?

Possible Answers:

Cooper v. Aaron

Roe v. Wade

Texas v. Johnson

Terry v. Ohio

Mapp v. Ohio

Correct answer:

Cooper v. Aaron

Explanation:

The Supreme Court case of Cooper v. Ohio (1958) revolved around the issue of segregation in the South, particularly the attempts by some Southern authorities to continue segregation even after the landmark ruling of Brown v. Board of Education. In Cooper v. Aaron, the Supreme Court ruled that the States were bound by the decisions of the Supreme Court and could not nullify the decisions of the Federal courts.

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