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Trebla unit 3: 3.7 selective (20)

Quiz by Carl Rudd

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20 questions
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  • Q1
    Which of the following political parties would most likely advocate for the dissenting opinion in McDonald v. Chicago (2010)?
    The Tea Party.
    The Democratic Party.
    The Republican Party.
    The Libertarian Party.
    120s
  • Q2
    Which of the following most clearly states the outcome of McDonald v. Chicago (2010)?
    Municipalities may deem state conceal and carry laws non-applicable within their jurisdictions.
    Municipalities may ban shooting ranges within their boundaries.
    Municipalities may not infringe on the Second Amendment right to keep and bear arms for self-protection in one's home.
    Municipalities may ban the ownership of handguns within their boundaries without infringing on the Second Amendment.
    120s
  • Q3
    The outcome of McDonald v. Chicago (2010) rests most heavily on which of the following ideas reflected in the U.S. Constitution?
    The right to a speedy and public trial.
    The right to assemble.
    The right to keep and bear arms.
    The right to avoid self-incrimination.
    120s
  • Q4
    Which of the following best summarizes the debate reflected in McDonald v. Chicago (2010)?
    Is the Second Amendment right to keep and bear arms for self-defense in one's home fully applicable to the states?
    May a state enact statutes to control and regulate non-governmental organizations which engage in military drilling and parading?
    Is the Second Amendment right to keep and bear arms for traditionally lawful purposes apply to federal enclaves?
    Can the Federal Government regulate the interstate transport of certain types of firearms?
    120s
  • Q5
    A political scientist would most likely use McDonald v. Chicago (2010) to illustrate which of the following?
    The right to keep and bear arms extends to individuals in each of the 50 states of the U.S.
    The right to keep and bear arms extends to individuals in districts under federal jurisdiction.
    The right to keep and bear arms can be abridged to help combat urban crime.
    The right to keep and bear arms cannot be regulated in any way by the government.
    120s
  • Q6
    In which of the following situations would the Supreme Court be most likely to apply the doctrine of selective incorporation?
    The Court is hearing a case that involves congressional legislation that potentially violates 4th Amendment freedoms.
    A plaintiff challenges a state law that imposes penalties for certain categories of speech.
    There is a challenge to an executive order issued by the president that may exceed his powers as commander in chief.
    The national government sues a state government claiming that the state's immigration law interferes with national government power.
    120s
  • Q7
    McDonald v. Chicago (2010) impacted the debate concerning gun control in which of the following ways?
    Restrictions prohibiting the possession of firearms by felons and the mentally ill began to fall away.
    Regulations forbidding the carrying of firearms into sensitive areas such as schools and government buildings became void.
    The NRA initiated a host of new court cases to overturn gun control regulations not covered by McDonald.
    Laws imposing conditions and qualifications on the commercial sale of firearms were immediately revoked.
    120s
  • Q8
    The application of the Second Amendment in McDonald v. Chicago (2010) relied most heavily on which constitutional guarantee?
    The Due Process Clause.
    The Sinecure Clause.
    The Advice and Consent clause.
    The Origination Clause.
    120s
  • Q9
    "Southern resistance, Presidential vetoes, and this Court’s pre-Civil-War precedent persuaded Congress that a constitutional amendment was necessary to provide full protection for the rights of blacks. Today, it is generally accepted that the Fourteenth Amendment was understood to provide a constitutional basis for protecting the rights set out in the Civil Rights Act of 1866... In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. " Opinion of the Court, McDonald v. Chicago (2010) Which of the following makes protection of the right to bear arms applicable to the states?
    District of Columbia v. Heller
    Civil Rights Act of 1866.
    Due Process Clause of the Fourteenth Amendment.
    Second Amendment.
    120s
  • Q10
    "Southern resistance, Presidential vetoes, and this Court’s pre-Civil-War precedent persuaded Congress that a constitutional amendment was necessary to provide full protection for the rights of blacks. Today, it is generally accepted that the Fourteenth Amendment was understood to provide a constitutional basis for protecting the rights set out in the Civil Rights Act of 1866... In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. " Opinion of the Court, McDonald v. Chicago (2010) Which of the following is most consistent with the Supreme Court's reasoning in the above excerpt?
    A right that is worthy of protection from the national government is entitled to protection from state governments as well.
    A right that is considered fundamental at the national level is not necessarily entitled to the same protections at the state level.
    The lack of federal protection for gun rights lead to the necessity for protection at the state level.
    A fundamental right that has protection from national government interference does not also need protection from state action.
    120s
  • Q11
    "Southern resistance, Presidential vetoes, and this Court’s pre-Civil-War precedent persuaded Congress that a constitutional amendment was necessary to provide full protection for the rights of blacks. Today, it is generally accepted that the Fourteenth Amendment was understood to provide a constitutional basis for protecting the rights set out in the Civil Rights Act of 1866... In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. " Opinion of the Court, McDonald v. Chicago (2010) According to the excerpt above, which of the following best describes the reason Congress proposed the Fourteenth Amendment?
    To provide a constitutional foundation for the civil rights of blacks .
    To allow states the freedom to determine for themselves what constitutes a fundamental right.
    To prevent the federal government from interfering with the right of individuals to self-defense.
    To create a constitutional basis for stare decisis.
    120s
  • Q12
    The decision handed down by the Supreme Court in McDonald v. Chicago (2010) is most similar to that found in
    Shaw v. Reno (1993).
    U.S. v. Lopez (1992).
    Gideon v. Wainwright (1963).
    Engel v. Vitale (1962).
    120s
  • Q13
    "The New York statute punishing those who advocate, advise or teach the duty; necessity or propriety of overthrowing or overturning organized government by force, violence, or any unlawful means, or who print, publish, or knowingly circulate any book, paper, etc., advocating, advising or teaching the doctrine that organized government should be so overthrown, does not penalize the utterance or publication of abstract doctrine or academic discussion having no quality of incitement to any concrete action, but denounces the advocacy of action for accomplishing the overthrow of organized government by unlawful means, and is constitutional as applied to a printed 'Manifesto' advocating and urging mass action which shall progressively foment industrial disturbances and, through political mass strikes and revolutionary mass action, overthrow and destroy organized parliamentary government; even though the advocacy was in general terms, and not addressed to particular immediate acts or to particular person." Gitlow v. New York 268 US 652 (1925) As explained in the excerpt above, which of the following best describes the Supreme Court's holding in Gitlow v. New York?
    Application of the New York statute in this case was constitutional because the speech involved could cause violence.
    The New York statute was unconstitutional as applied in this case because it punished political speech.
    The New York statute was constitutional as applied in this case because the speech at issue related to specific immediate acts.
    Application of the the New York statute in this case was unconstitutional because it criminalized written speech.
    120s
  • Q14
    "The New York statute punishing those who advocate, advise or teach the duty; necessity or propriety of overthrowing or overturning organized government by force, violence, or any unlawful means, or who print, publish, or knowingly circulate any book, paper, etc., advocating, advising or teaching the doctrine that organized government should be so overthrown, does not penalize the utterance or publication of abstract doctrine or academic discussion having no quality of incitement to any concrete action, but denounces the advocacy of action for accomplishing the overthrow of organized government by unlawful means, and is constitutional as applied to a printed 'Manifesto' advocating and urging mass action which shall progressively foment industrial disturbances and, through political mass strikes and revolutionary mass action, overthrow and destroy organized parliamentary government; even though the advocacy was in general terms, and not addressed to particular immediate acts or to particular person." Gitlow v. New York 268 US 652 (1925) In the Gitlow case, the Supreme Court determined whether a New York statute violated which of the following constitutional provisions?
    Eighth Amendment.
    First Amendment.
    Second Amendment.
    Interstate Commerce Clause.
    120s
  • Q15
    "The New York statute punishing those who advocate, advise or teach the duty; necessity or propriety of overthrowing or overturning organized government by force, violence, or any unlawful means, or who print, publish, or knowingly circulate any book, paper, etc., advocating, advising or teaching the doctrine that organized government should be so overthrown, does not penalize the utterance or publication of abstract doctrine or academic discussion having no quality of incitement to any concrete action, but denounces the advocacy of action for accomplishing the overthrow of organized government by unlawful means, and is constitutional as applied to a printed 'Manifesto' advocating and urging mass action which shall progressively foment industrial disturbances and, through political mass strikes and revolutionary mass action, overthrow and destroy organized parliamentary government; even though the advocacy was in general terms, and not addressed to particular immediate acts or to particular person." Gitlow v. New York 268 US 652 (1925) In the Gitlow case, the Supreme Court began the process of applying protections of individual freedoms from the Bill of Rights against state action. This process is known as
    total incorporation.
    dual federalism.
    selective incorporation.
    pluralism.
    120s

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