AP US Government : AP US Government

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #141 : Civil Rights, Amendments, And Court Cases

What Amendment did Congress reinforce and protect in the narrow decision Texas v. Johnson, in which Johnson was charged under Texas law for burning an American flag in political protest?

Possible Answers:

5th Amendment

9th Amendment

4th Amendment

8th Amendment

1st Amendment

Correct answer:

1st Amendment

Explanation:

The Supreme Court determined that Johnson was protected under his 1st Amendment right of free expression, especially because his act was inherently political. It is not in the hands of officials to determine the sanctity of symbols, as that would go directly against the 1st Amendment. Neither disgust nor disapproval constitutes enough legal weight to restrict expressiveness.

Example Question #28 : Court Cases

Why is Lochner v. New York important? Choose the best answer.

Possible Answers:

All of these answers are equally accurate and important

None of these answer choices are accurate statements of fact

Its analysis of the right to freely contract as a “liberty” guaranteed by the 14th Amendment’s Due Process clause defined an era of the Court

Justice Peckham wrote an opinion with which the entire court agreed (i.e. it was a unanimous decision)
      

Its analysis of the right to freely contract struck down a NY labor law

Correct answer:

Its analysis of the right to freely contract as a “liberty” guaranteed by the 14th Amendment’s Due Process clause defined an era of the Court

Explanation:

This is a very difficult question—for two reasons: first, there are two correct answers, but only one that is best, which is what the question asks you to choose. Second, this is a fairly abstract case, although one that is very important in terms an “era” of the court. Regardless, the best answer is “[Lochner’s] analysis of the right to freely contract . . .” although “[Lochner’s] analysis of the right to freely contract . . .” is also correct. The former is the best answer because it includes the most important fact surrounding the case: that it established as precedent the right to freely contract as a liberty guaranteed by the 14th Amendment. 

Example Question #142 : Civil Rights, Amendments, And Court Cases

What two Amendments were upheld in the Supreme Court decision Brandenburg v. Ohio (1969)?

Possible Answers:

2nd and 13th Amendments

1st and 2nd Amendments

1st and 5th Amendments

 1st and 14th Amendments

2nd and 6th Amendments

Correct answer:

 1st and 14th Amendments

Explanation:

In this Supreme Court decision, Brandenburg’s freedom of speech and equal protection of rights under the 1st and 14th Amendments were constitutionally upheld. The court found that his speech would not result in direct criminal activity, despite its abrasive nature, and was thus protected.

Example Question #143 : Civil Rights, Amendments, And Court Cases

Which of these were not referred to in the Supreme Court decision Fletcher v. Peck (1810)?

Possible Answers:

Ex post facto laws

Habeus corpus

Bills of attainder

Legal sale of an estate

The invalidation of Georgia's prior legislation

Correct answer:

Habeus corpus

Explanation:

In the Supreme Court decision Fletcher v. Peck, the Court found that Georgia’s voided laws that had, when enacted, granted Peck land were not constitutionally allowed to nullify the land deal between Peck and Fletcher. This deal had occurred years after Peck’s original acquisition. The Court noted that bills of attainder and ex post facto laws are unconstitutional, so the legal sale of the estate from Peck to Fletcher was constitutional. This invalidated Georgia’s legislation.

Habeas corpus is protection from unlawful imprisonment, and does not relate to this case.

Example Question #144 : Civil Rights, Amendments, And Court Cases

Which crime is at the center of the Supreme Court case Miller v. California (1973)?

Possible Answers:

Excessive factory pollution

Obscenity

Loitering

Graffiti

Tax evasion

Correct answer:

Obscenity

Explanation:

Miller v. California (1973) is a Supreme Court case that tested the limits of the 1st Amendment. The Court found that Miller’s distribution of certain materials through the mail qualified as obscene when they used a three-pronged decency test. Much of the Supreme Court’s activity during this era was not only in defence of individual rights, but also in defining the boundaries of those rights – as this case demonstrates.

Example Question #145 : Civil Rights, Amendments, And Court Cases

In the Supreme Court case United States v. Windsor (2013), what was granted legalization when the Court adjudicated and noted DOMA’s violations of the 5th Amendment?

Possible Answers:

Free healthcare

Drone strikes

Concealed gun ownership

Affirmative action

Gay marriage

Correct answer:

Gay marriage

Explanation:

United States v. Windsor was a landmark ruling for gay rights. DOMA, the Defence of Marriage Act, was legislation that the Court ruled to be in contradiction to the equal protection guaranteed by the 5th Amendment. This case hinged on the concept of marital taxation exemptions. Windsor was left her spouse’s estate in a will, but the fact that their marriage was not federally recognized (New York did recognize their union) brought the case to the Supreme Court.

Example Question #146 : Civil Rights, Amendments, And Court Cases

In the Supreme Court case McCulloch v. Maryland (1819), which of these Congressional powers were invoked by the Court in the decision?

Possible Answers:

Postal powers

War powers

Impeachment powers

Unenumerated powers

Appointment powers

Correct answer:

Unenumerated powers

Explanation:

In the Supreme Court decision McCulloch v. Maryland, the Court found that Maryland did not have the power to tax the national government. Congress has enumerated powers spelled out in Article 1, Section 8 of the Constitution, and the Supreme Court expounded on the unenumerated, or non-disclosed powers Congress also possesses.

Example Question #147 : Civil Rights, Amendments, And Court Cases

In which Supreme Court case did the Judges determine that slaves were not citizens and thus decided that the Missouri Compromise of 1820 was null and void?

Possible Answers:

Mapp v. Ohio

Evenwel v. Abbott

Dred Scott v. Sandford

Abrams v. United States

Baker v. Carr

Correct answer:

Dred Scott v. Sandford

Explanation:

Dred Scott v. Sandford (1857) was a Supreme Court case that is one of the lesser lights in the Court's history. Dred Scott, a slave, had traveled across the Missouri border with his master to a territory where slavery was unlawful - the Louisiana Territory. Dred Scott later argued in a Missouri court that crossing the border meant he had been freed, but the Supreme Court disagreed at this time. Not only was the issue of slavery at the center of this case, but also the hot-button issue of states' rights, both of which helped pave the road to the Civil War.

Example Question #148 : Civil Rights, Amendments, And Court Cases

What concept is at the center of the Supreme Court case Chaplinsky v. New Hampshire (1942)?

Possible Answers:

Fighting words

Unilateralism

Separation of Church and State

Freedom of assembly

Taxation

Correct answer:

Fighting words

Explanation:

When Chaplinsky cursed at an officer, he was arrested for disturbing the peace.  He argued that his 1st Amendment rights had been violated, but the Supreme Court disagreed. They ruled against Chaplinsky because they determined that some forms of expression - like the fighting words that Chaplinsky had said to the officer - are not ideas that are subject to the 1st Amendment's protections.  

This runs parallel to the law that you cannot yell "Fire!" in a crowded theater if there is no danger - not all words and expressions are completely protected by the Bill of Rights.

Example Question #149 : Civil Rights, Amendments, And Court Cases

Which legislatively controversial issue is at the center of the Supreme Court decision District of Columbia v. Heller (2008)?

Possible Answers:

Presidential impeachment

Gun control

Student loans

Abortion

Gay marriage

Correct answer:

Gun control

Explanation:

The Supreme Court decision of District of Columbia v. Heller resulted in a win for gun rights advocates. The Court determined that the 2nd Amendment provides the right of gun ownership for an individual, even without military affiliation. The condition on that ruling is that the gun or guns are owned and operated in lawful purposes.

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