AP US Government : Civil Rights, Amendments, and Court Cases

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #181 : Civil Rights, Amendments, And Court Cases

In the Supreme Court decision Barron v. Mayor of Baltimore (1833), what amendment was referred to and what was the Court’s view?

Possible Answers:

2nd Amendment; the Supreme Court referred to the lower court’s decision after determining they had no part in the case, constitutionally allowing Barron to form his own militia.

1st Amendment; the Court found that Barron’s freedom of speech was restricted.

6th Amendment; the Supreme Court ruled that Barron’s right to a fair trial had been violated due to the partiality of the jury.

5th Amendment; the Court determined that they had no part in the case because the 5th Amendment does not extend to the state level, ultimately referring to the lower court’s decision.

3rd Amendment; the Supreme Court ruled in favor of the Mayor of Baltimore which required Barron to house soldiers in times of dire need.

Correct answer:

5th Amendment; the Court determined that they had no part in the case because the 5th Amendment does not extend to the state level, ultimately referring to the lower court’s decision.

Explanation:

Originally, the 5th Amendment only applied at the federal level and not the state level. It wasn’t until the addition of the 14th Amendment, which contains the Due Process Clause, that the 5th Amendment became all-encompassing. In Barron v. Baltimore, the Supreme Court’s decision to let the lower court’s ruling stand meant that the 5th Amendment did not directly apply. Barron’s plea to be compensated for land and property value lost due to Baltimore’s expansion was denied.

Example Question #22 : Impact Of Notable Court Cases

Griswold v. Connecticut (1965) established which Constitutional right by piecing together concepts from the 1st, 3rd, 4th, and 9th Amendments?

Possible Answers:

Tax exemption for churches

Abortion

Gun ownership

Privacy

Emancipation for a minor

Correct answer:

Privacy

Explanation:

Griswold, the head of Planned Parenthood in Connecticut, was charged with a crime under state law when she provided birth control to married couples. When the Supreme Court ruled that couples had the right to privacy, it invalidated the section of Connecticut law that Griswold had been charged under. While the subject matter continues to be controversial, the resulting Constitutional definition of privacy was a titanic legal precedent.

Example Question #61 : Court Cases

How was the concept of the burden of proof the turning point in the Supreme Court decision New York Times v. Sullivan?

Possible Answers:

The New York Times faced a journalistic crisis and ultimately a dramatic shift when the Supreme Court demanded that the paper prove the allegations in an advertisement against Alabama police regarding Martin Luther King Jr.’s arrest.

Sullivan, Alabama’s governor was found to have defamed the New York Times during a public speech in which he criticized the paper untruthfully, seriously damaging the New York Times’ reputation.

The New York Times was placed with a right of attainder, subsequently suspending the 1st Amendment rights of the paper after libel statements against Alabama police were published and found to be seriously damaging to the police force.

Sullivan, a city commissioner for Montgomery, Alabama, did not have to prove harm by the New York Times advertisements in the state court but the Supreme Court reversed the decision.

Sullivan, police commissioner for Montgomery, Alabama, was able to prove the harm caused by New York Times’ publications and the paper was forced to provide retractions.

Correct answer:

Sullivan, a city commissioner for Montgomery, Alabama, did not have to prove harm by the New York Times advertisements in the state court but the Supreme Court reversed the decision.

Explanation:

This Supreme Court decision was a massive victory for journalists in the court system, as it established the requirement for actual malice or reckless disregard for the truth to be proven in order for a libel case against public officials to be proven. Beyond the individual freedom of speech, the case also bolstered the freedom of the press in the 1st Amendment. Even though Sullivan had won  from the state court, the burden of proof was the lacking piece there that the Supreme Court had to consider.

Example Question #181 : Civil Rights, Amendments, And Court Cases

What was the conclusion of South Dakota v. Dole in 1987?

Possible Answers:

The government must provide just compensation using fair market value when taking private property

States cannot interfere with private business

Congress has exclusive power over commerce

Police powers include the power of spending and distributing funding across the state

The Congressional power to spend money allows Congress to set the rules and place conditions on federal grants

Correct answer:

The Congressional power to spend money allows Congress to set the rules and place conditions on federal grants

Explanation:

South Dakota would not receive highway funds if they did not raise the legal drinking age from 19 to 21. Is it permissible for the federal government to place conditions or "strings" on federal funds? In South Dakota v. Dole, it was concluded that yes, the Congressional power to spend money allows Congress to set the rules and place conditions on federal grants.  

Example Question #182 : Civil Rights, Amendments, And Court Cases

Which case is credited with establishing "separate but equal" doctrine? 

Possible Answers:

Plessy v. Ferguson

Griswold v. Connecticut

Brown v. Board of Education

Gibbons v. Ogden

Bush v. Gore

Correct answer:

Plessy v. Ferguson

Explanation:

Plessy v. Ferguson established the "separate but equal" doctrine in 1896. The court case established the practice of racial segregation in public facilities, which would be "separate, but equal." This doctrine was finally overturned by Brown v. Board of Education in 1954. 

Example Question #183 : Civil Rights, Amendments, And Court Cases

The court in Bowsher v. Synar held that Congress’s delegation of budget-cutting to the Comptroller General was unconstitutional for which of the following reasons?

Possible Answers:

 Violation Privileges and Immunities

None of the answers are correct

 Violation of Separation of Powers

Violation of Due Process

All of the answers are correct

Correct answer:

 Violation of Separation of Powers

Explanation:

This is another relatively difficult question. That said, there are a few clues that should have pointed you in the right direction. The correct answer is “violation of separation of powers.” The reasoning is fairly elemental, although the case may involve several positions with which you are not familiar. In essence, Congress delegated to the Comptroller General the ability to immediately slash the budget in the event that a level of the federal deficit were exceeded (this, of course, is somewhat oversimplified). Although the Comptroller General was subject to impeachment by Congress, the Court held that the Comptroller General’s ability to slash funds intruded on the rights of the Executive Branch, and thus was a violation of the separation of powers doctrine.

Example Question #184 : Civil Rights, Amendments, And Court Cases

The court, in INS v. Chadha held that which of the following “powers” claimed by Congress was unconstitutional?

Possible Answers:

The “one-house veto”

All of these

None of these

The line-item veto

The ability to delegate budget cuts to the Comptroller General

Correct answer:

The “one-house veto”

Explanation:

This is a difficult question. The Supreme Court struck down the legislative or one-house veto in INS v. Chadha. Mr. Chadha’s story is both sad an incredibly interesting. Chadha was born in Kenya (when it was a British colony) to Indian parents, and then traveled to the US on a visa. Neither Kenya, nor India (nor Britain) recognized him as a citizen, and he clearly was not a citizen of the US. Unfortunately for him, when his visa expired, he couldn’t get a renewal (because no country claimed him as a citizen), at which point the INS began deportation proceedings against him (although your guess is as good as mine as to where he was going to be deported). After Chadha objected, the INS stayed his deportation and alerted the House of Representatives. The House, however, used the “legislative veto” to override the stay and directed the INS to deport him. The case goes all the way to the Supreme Court, and SCOTUS strikes the legislative veto as unconstitutional—a violation of separation of powers.

Example Question #31 : Impact Of Notable Court Cases

In the Supreme Court case Reno v. ACLU, what did the Court invoke in order to clarify and legalize the 1996 Communications Decency Act? 

Possible Answers:

The Court relied on the 5th Amendment to determine that this was an instance of double jeopardy when Reno was found to have committed crimes of obscenity and not indecency

The Court determined that the 1996 Communications Decency Act was unconstitutional by citing the precedent set in the case of United States v. Lopez

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

The Court cited the Equal Time Provision, noting that there must be a balance between both "wholesome" and "indecent" content in order to not infringe on the rights of citizens and broadcast networks, while also providing a safety barrier for children

The Court found the 1996 Communications Act to be constitutional on its own standing, establishing a new legal precedent, and they did not need to invoke any prior cases for the basis of their argument

Correct answer:

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

Explanation:

In this case, the 1996 Communications Decency Act had language in it that sought to limit indecency and obscenity, particularly in the various forms of media (mail, television, internet, etc.). The Supreme Court ruled that the 1st Amendment had been seriously violated because of the broad speech in the Communications Act that failed to protect the rights of adult citizens (freedom of expression, namely).

Indecency can be protected by the 1st Amendment, but the Court uses the Miller test to determine if words or expressions are unlawful (obscene).

Example Question #31 : Impact Of Notable Court Cases

Which standard evolved from the decision in the Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)?

Possible Answers:

The undue burden standard

Equal time standard

The 24 hour standard

Miller test

Fairness test

Correct answer:

The undue burden standard

Explanation:

The Supreme Court Case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) was a group response to several requirements for women to abide by if they decided to have an abortion. Pennsylvania had altered their abortion law to include requirements that including women having to wait 24 hours before going through with it and minors needing parental consent.

The Court upheld Roe v. Wade and women's right to choose for themselves, but also supported the legality of some of the Pennsylvania law. They also created the "undue burden" standard to create a scale by which to measure abortion laws throughout the states - if a law puts an undue burden on a women in one of these situations, then it can be reasonably inferred that it is unconstitutional.

Example Question #190 : Civil Rights, Amendments, And Court Cases

Select the category of discrimination that the Supreme Court most strictly regards and most often rules against.

Possible Answers:

Age discrimination 

Racial and/or ethnic discrimination 

Gender discrimination 

Discrimination on the basis of sexual orientation 

Correct answer:

Racial and/or ethnic discrimination 

Explanation:

While the Supreme Court takes any claim of discrimination quite seriously, it applies its strictest standards, most rigorous reviews, and most often rules against acts of racial and/or ethnic discrimination. When the Court accepts any case which alleges discrimination, the justices first apply standards of review, or a tiered system of evaluation, to assess both the possible presence and severity of the alleged discriminatory activity. In most instances, the Court upholds only those alleged acts of discrimination which can be proven to be “reasonable” – this means that as long as the defendant is able to show that the restriction in question has a logical and necessary purpose, then no qualified discriminatory act was therefore committed. For example, perhaps a worker in their seventies is fired and so sues their employer for age discrimination. If the employer can show that the job which s/he manages requires physical and mental fitness (or other priorities which diminish with age), then the Court will most likely rule that no age discrimination was committed and the elderly worker will have lost their case. However, the Court pays special attention to alleged instances of racial and/or ethnic discrimination, which it views with automatic skepticism and therefore evaluates with the strictest possible standards in mind. An employer who is accused of racial bias, for example, must prove before the Court that s/he is innocent; the Court does not take into consideration the so-called logic of the restrictive action (as with age and/or gender discrimination) and most often finds the defendant guilty.

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