1. The free speech rights of Communists have often been violated.
2. During wartime, limitations on civil rights have been upheld by judicial action.
3. The rights of protestors have been preserved even in times of national stress.
4. Economic interests of foreign nations are frequently upheld in United States courts.

Correct Answer Number: 2

Explanation: The Supreme Court ruled that Schenck’s protests against US involvement in WWI were a “clear and present danger” to the United States. The court also ruled during WWII, that the internment of Japanese Americans such as Fred Korematsu was legal because the posed a potential threat to the United States. This illustrates the idea that freedoms of liberty and speech can and have been restricted during the extreme cases, such as wartime.

1. the power of the Supreme Court does not extend to cases of race
2. Congress could not pass a law depriving territorial residents of their property
3. a national vote should be held to decide the legality of slavery
4. the economic well-being of the western states depended on slave labor

Correct Answer Number: 2

Explanation: The Supreme Court ruled in Dred Scott v. Sanford (1857) that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding. This also served to declare the Missouri Compromise unconstitutional due to its establishment of free/slave state borders. This decision was ultimately nullified by the passage of the 13th amendment feeing the slaves and the 14th amendment establishing citizenship and equal protection under the law.

1. voting rights of minorities
2. guarantees of free speech and press
3. principle of separation of church and state
4. rights of accused persons

Correct Answer Number: 4

Explanation: In numerous decisions the Warren Court was active in expanding the rights of the accused. The most famous of these was the 1966 Miranda v. Arizona decision that established a suspect’s right to be informed of his or her rights. Many cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v. Wainwright (right to counsel) and others further helped establish Earl Warren’s legacy as an activist Chief Justice.

1. some aspects of the New Deal were declared unconstitutional
2. State governments took over relief agencies
3. ) Congress was forced to abandon efforts to improve the economy
4. the constitutional authority of the President was greatly expanded

Correct Answer Number: 1

Explanation: When the Supreme Court struck down several provisions of FDR’s New Deal in the 1935 Schecter Poultry v. US case and the 1936 US v. Butler decision, they were exercising a check upon the Legislature and the Executive branches by declaring laws of the Congress and actions of the President unconstitutional. FDR's reaction to these events was an attempt to "pack the court" with his supports. He first attempted to pass a retirement age for justices (which would have forced many to step-down) and later attempted to increase the number of justices to 12. Both tactics failed and the resulting backlash against FDR's attempt to usurp the Court resulted in a loss of support for The New Deal programs in Congress.

1. reluctance to overturn state laws
2. insistence on restricting freedom of speech to spoken words
3. expansion of individual rights in criminal cases
4. refusal to reconsider the issues of the Plessy v. Ferguson case

Correct Answer Number: 3

Explanation: In numerous decisions the Warren Court was active in expanding the rights of the accused. The most famous of these was the 1966 Miranda v. Arizona decision that established a suspect’s right to be informed of his or her rights. Many cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v. Wainwright (right to counsel) and others further helped establish Earl Warren’s legacy as an activist Chief Justice.

1. free speech and governmental authority
2. the use of search warrants and the rights of the accused
3. state powers and Federal powers
4. religious freedom and separation of church and state

Correct Answer Number: 1

Explanation: Schenck’s speech was anti-government and ant-war (WWI). The ruling established the ability of the government to suppress speech and press that present a danger to it or its efforts.

1. The needs of the government are more important than civil liberties.
2. Constitutional protections of liberty are not absolute.
3. The Supreme Court can eliminate freedoms listed in the Bill of Rights.
4. The Bill of Rights does not safeguard individual liberties.

Correct Answer Number: 2

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and other amendments are not absolute. This means that they may be limited or suspended depending on circumstance or situation, usually in cases of national emergency (examples include: suspension of habeas corpus by Lincoln during the Civil War, limiting of freedom of speech and press during World War I and the internment of Japanese-Americans without dues process during World War II).

1. The freedoms guaranteed in the Bill of Rights are virtually unlimited
2. Government has the right to suspend any rights at any time.
3. Individual rights can be limited in the national interest
4. The balance between individual rights and the general social welfare almost always favors individual rights.

Correct Answer Number: 3

Explanation: Schenck’s speech was anti-government and ant-war (WWI). The ruling established the ability of the government to suppress speech and press that present a danger to it or its efforts.

1. advanced civil rights for minorities
2. upheld the constitutionality of a national bank
3. limited Presidential control of foreign policy
4. established the power of judicial review

Correct Answer Number: 4

Explanation: The specific power of judicial review is not addressed in article 3 of the Constitution, however many Constitutional scholars agree the founding fathers meant the Supreme Court to have this power. The Court’s decision in Marbury v. Madison (1803) effectively cemented the Supreme Court’s claim to judicial review, in which the Court first stated the right to declare laws unconstitutional.

1. establish affirmative action programs in higher education
2. require the integration of public schools
3. desegregate the armed forces and the military academies
4. force states to spend an equal amount on each public school student

Correct Answer Number: 2

Explanation: The ruling in Plessy v. Ferguson (1896) established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states) and was later overturned in the Supreme Court’s 1954 Brown v. Board of Education of Topeka, Kansas ruling.

1. House of Representatives to impeach the president
2. Congress to override a presidential veto
3. president to veto congressional legislation
4. Supreme Court to determine the constitutionality of laws

Correct Answer Number: 4

Explanation:

1. The system of slavery was weakened.
2. The federal government was strengthened.
3. The rights of workers were supported.
4. Antitrust laws were upheld.

Correct Answer Number: 2

Explanation:

1. eliminating the poll tax as a voting requirement
2. preventing the use of organized prayer in public schools
3. requiring equal pay for men and women performing the same job
4. expanding the constitutional rights of people accused of crimes

Correct Answer Number: 4

Explanation:

1. a speedy trial
2. reasonable bail
3. a reading of his or her rights at the time of arrest
4. protection against cruel or unusual punishment

Correct Answer Number: 3

Explanation:

1. integration of public facilities
2. rights of the accused
3. presidential powers
4. equality in the workplace

Correct Answer Number: 2

Explanation:

1. Baker v. Carr
2. Gideon v. Wainwright
3. Mapp v. Ohio
4. Roe v. Wade

Correct Answer Number: 3

Explanation:

1. expanded the rights of the accused
2. granted more powers to federal judges
3. lengthened prison sentences for the guilty
4. reinstated the use of capital punishment

Correct Answer Number: 1

Explanation:

1. freedom of religion
2. freedom of the press
3. the right to bear arms
4. the right to counsel

Correct Answer Number: 2

Explanation:

1. freedom of the press
2. the rights of students in school
3. freedom of religion
4. the rights of prison inmates

Correct Answer Number: 2

Explanation:

1. meaning of a republican form of government
2. powers delegated specifically to Congress
3. president’s right to executive privilege
4. rights guaranteed by the 1st amendment

Correct Answer Number: 4

Explanation:

1. protection of property rights
2. freedom of speech
3. right to privacy
4. freedom of religion

Correct Answer Number: 3

Explanation:

1. has unlimited use of the veto power
2. is protected from unfair media criticism
3. may not be convicted of a crime
4. is not above the law

Correct Answer Number: 4

Explanation:

Which constitutional idea was the basis for this Supreme Court decision?

1. protection against double jeopardy
2. equal protection of the law
3. freedom of speech
4. right of assembly

Correct Answer Number: 2

Explanation:

1. the accused
2. women
3. military veterans
4. persons with disabilities

Correct Answer Number: 1

Explanation:

1. due process clause of the 5th Amendment
2. states’ rights provision of the 10th Amendment
3. equal protection clause in the 14th Amendment
4. voting rights provision in the 15th Amendment

Correct Answer Number: 3

Explanation:

This quotation illustrates the Supreme Court’s power to

1. uphold previous decisions
2. overrule state laws
3. check the powers of the executive branch
4. provide for educational funding

Correct Answer Number: 2

Explanation:

1. states may not secede from the Union
2. racial segregation was constitutional
3. slaves are property and may not be taken from their owners
4. all western territories should be open to slavery

Correct Answer Number: 2

Explanation:

1. “Congress Passes a Civil Rights Bill”
2. “Conference Committee Meets to Finalize Budget”
3. “New York State’s Reapportionment Plan Ruled Unconstitutional”
4. “President Signs SALT Agreement with Russia”

Correct Answer Number: 3

Explanation:

1. immigrants have limited rights
2. freedom of speech is not absolute
3. rights of the accused may not be limited
4. women should be granted suffrage

Correct Answer Number: 2

Explanation:

1. denied due process of law
2. denied a speedy and public trial
3. victimized by illegal search and seizure
4. sentenced to cruel and unusual punishment

Correct Answer Number: 1

Explanation: