American Government & Politics Spring 2018 FINAL EXAM NOTE: USE FORM SCANTRON 822-E 1. Regarding the DECLARATION OF INDEPENDENCE, which one is FALSE? a) It was ratified on July 4, 1776 b) July 2, 1776 is considered our True Day of Independence because that is the day that the Founders agreed to declare independence. c) It created the First Constitution of the United States d) It was written by Thomas Jefferson e) John Hancock was the first person to sign it, his signature is the biggest one on it. Sometimes, when people need your signature, they will say, “I need your John Hancock.” . 2. In the DECLARATION OF INDEPENDENCE, the Founders announced their belief in “UNALIENABLE RIGHTS”. Which one is FALSE regarding these rights? a) b) c) d) e) They are our God-given rights The government cannot take them away unless it is justified via DUE PROCESS They include the right to life, liberty and pursuit of happiness These rights make all men equal because God gave these rights to all men The government can never deprive us of these rights . 3. Which one is the CORRECT ORDER OF APPEARANCE from 1st (earliest in appearance) to Last (most recent in history)? a) b) c) d) Declaration of Independence / Articles of Confederation / US Constitution / Bill of Rights Articles of Confederation / Declaration of Independence / US Constitution / Bill of Rights Declaration of Independence / US Constitution / Bill of Rights / Articles of Confederation US Constitution / Bill of Rights / Articles of Confederation / Declaration of Independence . 4. According to the DECLARATION OF INDEPENDENCE, which is FALSE about GOVERNMENT? a) The people create government b) The government’s purpose is to secure the people’s unalienable rights c) If government becomes destructive of its purpose, then the people have the right to alter or abolish that government d) The people have the right to create a government in a way that is most likely to secure inalienable rights e) Government comes from God . 5. The DECLARATION retells how the King of Britain mistreated the British-American Colonists. One example is that, during peace time, the King put a Standing Army in the colonies without the consent of Colonial legislatures. a) TRUE b) FALSE 1 . 6. The DECLARATION informs us that Colonial leaders repeatedly petitioned the King of Britain for a redress of grievances & that the King answered those petitions with repeated injury. a) TRUE b) FALSE . 7. The DECLARATION, in its last paragraph, declares various points about the colonies. Which one is NOT one of those points? a) b) c) d) e) The Colonies are now Free and Independent States The Colonies are absolved from all allegiance to the British Crown The Colonies have dissolved all political connection with the State of Great Britain As Free and Independent States, they may dictate the rules of Natural Law As Free and Independent States, the former colonies have the full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. . 8. What is the purpose of the PREAMBLE to the US Constitution? a) b) c) d) e) Explain who created the United States Government Explain the purpose of the United States Government A & B are both true A & B are both false To declare that all men are created equal . 9. The PREAMBLE enumerates the purposes of US Government. Which one is NOT one of those enumerated purposes? a) b) c) d) e) form a MORE PERFECT UNION establish JUSTICE, insure DOMESTIC TRANQUILITY provide for the COMMON DEFENSE promote the GENERAL WELFARE secure the BLESSINGS OF LIBERTY to ourselves and our PROSPERITY secure the BLESSINGS OF LIBERTY to ourselves and our POSTERITY . 10. The US Constitution has ________ articles, and many of them contain sections a) b) c) d) e) 1 2 3 5 7 . 2 11. Which one is NOT part of the Constitution? a) b) c) d) e) The Articles of Confederation The Articles The Bill of Rights Subsequent Amendments The Preamble . 12. Which statement is FALSE? a) b) c) d) e) The Articles of Confederation created a Confederation. The Articles of Confederation created a Federal form of government The US Constitution created a Federal form of government In a Confederation, the states have more power than the National Government In Federalism, the National Government has more power than the state governments . 13. The Framers enumerated the goals of government in the Preamble. The Framers, in order to achieve those goals, built into the Constitution, 4 features of Government. Which one is NOT one of those features? a) b) c) d) e) Separation of Powers Checks & Balances Confederalism Protection of the People’s Civil Rights & Civil Liberties against Government abuse Federalism . 14. Which one is FALSE regarding the National Government? a) It consists of 3 separate branches of government b) The Judicial Branch is considered to be an extension of the Executive Branch because the Executive Branch appoints federal judges to the Judicial Branch c) The Legislative Branch creates law and is called the Congress d) The Executive Branch enforces the law e) The Judicial Branch interprets and reviews the law . 15. Regarding the SEPARATION OF POWERS, which one is FALSE? a) The Framers created a National Government of limited powers. b) The National Government consists of 3 branches of government. c) Each Branch of the National Government has been granted some power that allows it to monitor some other branch. d) Each National Government Branch has been assigned specific powers that only it can exercise. . 3 16. Regarding CHECKS & BALANCES, which one is FALSE? a) The Framers created a National Government of limited powers. b) Each Branch of the National Government has been granted some power that allows it to monitor the actions of some other branch. c) An example of Checks & Balances is how the Congress can reject the President’s nominee for a Federal Judgeship. d) An example of Checks & Balances is how only the Congress has the power to declare war. . 17. Regarding FEDERALISM, which one is FALSE? a) The US Constitution created a Federal Form of Government that includes two layers of government. b) It created a National Government layer & the State Governments layer. c) The State Governments are more powerful than the Federal Government. d) The Federal Government is more powerful that the State Governments. e) Some power is shared between both layers of government. . 18. Regarding ARTICLE 1, which statement is FALSE? a) b) c) d) e) It gives Congress the Power to make treaties with foreign nations. It divides Congress into the House of Representatives & the US Senate. It describes the powers of the Legislative Branch i.e. Congress. It describes the CONSTRAINTS against Congress. It describes some CONSTRAINTS against the States. . 19. Regarding CONGRESSIONAL ELECTIONS, which one is FALSE? a) House Members are elected every 6 years. Senate Members are elected every 2 years. b) House Members are elected every 2 years. Senate Members are elected every 6 years. c) The legislature of each state regulates the elections for its Congressmembers. d) Congress may also make or alter state regulations of Congressional Elections. . 20. If there is a VACANCY IN CONGRESS, then what happens next? a) The Governor of the state with the vacancy in Congress must issue a writ of election to fill that vacancy. b) The President must issue a writ of election to fill that vacancy. c) If the vacancy is in the HOUSE or SENATE, then the SPEAKER OF THE HOUSE must issue a writ of election. d) If the vacancy is in the HOUSE or SENATE, then the PRESIDENT OF THE SENATE must issue a writ of election. e) The executive authority of the Chamber with the Vacancy must issue a writ of election. . 4 21. Who do CONGRESSMEMBERS represent? a) b) c) d) The Federal Government at the state level. Their constituents in their respective states at the Federal Level. Every citizen at the Federal Level. The President’s goals by trying to convince citizens to support the President. . 22. Regarding HOUSE LEADERSHIP, which is FALSE? a) b) c) d) e) The Speaker of the House is the top leader. The House has a Majority Leader. The House has a Majority Whip. The House has a Minority Whip. The House a President. . 23. Regarding SENATE LEADERSHIP, which is FALSE? a) b) c) d) e) The Speaker of the Senate is the top leader. The President of the Senate = the Vice President of the United States. It has a President Pro Tempore The President of the Senate gets to vote ONLY when there is a TIE vote in the Senate. The Senate has various committees. . 24. Imagine Donald Trump has been removed from office because he got caught selling military secrets to Russia. What are the events that occurred in Congress? a) Step 1: Step 2: Step 3: Step 4: The House voted to impeach Trump by majority vote. The Senate, with the Supreme Court’s Chief Justice presiding, held a trial on whether not Trump was guilty of selling military secrets to Russia. 2/3 of the Senators present found that Trump was guilty. Trump is removed from office and disqualified from holding any federal position. . b) Step 1: Step 2: Step 3: Step 4: The Senate voted to impeach Trump by majority vote. The House, with the Supreme Court’s Chief Justice presiding, held a trial on whether not Trump was guilty of selling military secrets to Russia. 2/3 of the Senators present found that Trump was guilty. Trump is removed from office and disqualified from holding any federal position. . c) Step 1: Step 2: Step 3: Step 4: The House voted to impeach Trump by majority vote. The Senate, with the Attorney General presiding, held a trial on whether not Trump was guilty of selling military secrets to Russia. 2/3 of the Senators present found that Trump was guilty. Trump is removed from office and disqualified from holding any federal position. . d) Step 1: Step 2: Step 3: Step 4: The House voted to impeach Trump by majority vote. The Senate, with the Supreme Court’s Chief Justice presiding, held a trial on whether not Trump was guilty of selling military secrets to Russia. A Simple Majority of the Senators present found that Trump was guilty. Trump is removed from office and disqualified from holding any federal position. . 5 .. 25. Which one correctly states the process of a Federal Tax Bill becoming law after the President has properly vetoed it? a) Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: Step 8: The Bill must start in the Senate The Bill must be approved by a majority of the Senate The Bill must be approved by a majority of the House The Bill must be presented to the President If the President signs the Bill within 10 days of receipt, → the Bill comes law. If the President wants to veto the Bill, he/she must refuse to sign it, list his objections, and return the Bill & his objections to the Senate within 10 days The Senate produces a 2/3 vote to ratify the Bill The House produces a 2/3 vote to ratify the Bill . b) Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: Step 8: The Bill must start in the House The Bill must be approved by a majority of the House The Bill must be approved by a majority of the Senate The Bill must be presented to the President If the President signs the Bill within 10 days of receipt, → the Bill comes law. If the President wants to veto the Bill, he/she must refuse to sign it, list his objections, and return the Bill & his objections to the House within 10 days The House produces a 2/3 vote to ratify the Bill The Senate produces a 2/3 vote to ratify the Bill . c) Step 1: Step 2: Step 3: Step 4: Step 5: Step 6: Step 7: Step 8: The Bill must start in the House The Bill must be approved by a majority of the House The Bill must be approved by a majority of the Senate The Bill must be presented to the President If the President signs the Bill within 10 days of receipt, → the Bill comes law. If the President wants to veto the Bill, he/she must refuse to sign it, list his objections, and return the Bill & his objections to the House within 10 days The House produces a Simple Majority vote to ratify the Bill The Senate produces a Simple Majority vote to ratify the Bill Step 1: Step 2: Step 3: Step 4: Step 5: The Bill must start in the House The Bill must be approved by a majority of the House The Bill must be approved by a majority of the Senate The Bill must be presented to the President If the President signs the Bill within 20 days of receipt, → the Bill comes law. Step 6: If the President wants to veto the Bill, he/she must refuse to sign it, list his objections, and return the Bill & his objections to the House within 10 days The House produces a 2/3 vote to ratify the Bill The Senate produces a 2/3 vote to ratify the Bill . d) Step 7: Step 8: . . 6 26. Regarding Congress’ Enumerated Powers, which one is FALSE? a) They are called the “Enumerated Powers” because they are specified in the Constitution. b) They are located in Article 1, Section 8 of the US Constitution. c) They are meant to remedy the weak Congress that existed under the Articles of Confederation. d) They are powers that Congress shares with the Executive Branch . 27. If trade i.e. commerce crosses state lines, then who has the power to regulate it and why? a) The state that is exporting it and the state that is importing it because of Article 1, Section 10. b) The President via his / her Enforcement Power. c) Congress because of Article 1, Section 8, the Commerce Clause. d) Congress because of the Necessary & Proper Clause. . 28. How does the Congress promote the Progress of Science & Useful Arts in the US? a) It grants copy rights to authors and inventors. This copy right gives authors & inventors time to recuperate the cost of research & development and to start earning a profit. b) The Copy Right is only for a limited time. The encourages existing inventors to continue making new discoveries instead of just collecting profits on their existing discoveries. c) “Copy Right” means the “right to copy.” If you invented something, then are entitled to the exclusive right to copy that discovery. This means that if someone else copies your discovery without your permission, then you can sue them for Copy Right Violations. d) The Copy Rights are perpetual and this means that no one may ever copy your discoveries. . 29. Regarding the Executive Branch, which one is FALSE? a) b) c) d) The Federal Government’s Executive Power is vested in the US President. The President & VP are elected to serve 4-year terms & can serve a maximum of 2 terms. A Presidential Candidate must be a Natural-Born Citizen. The Executive Branch can Declare War. . 30. Regarding the Electoral College, which one is FALSE? a) The Electoral College is the system used to elect the President & VP Ticket. b) All states in the Union are Winner-Take-All states, which means that the President & VP Ticket that wins the Popular Election in a state gets all of that state’s Electoral Votes. c) Each state’s number of Electoral Votes is equal to the number of seats it has in Congress. d) Each state has a popular election for the President & VP Ticket. Each President & VP Ticket preselects their Group of Electoral College Electors. e) When a President & VP Ticket wins the Popular Election in a state, then that Wining Ticket gets to direct its Group of Electoral College Electors to cast their Electoral Votes. . 7 31. The President’s Oath of Office requires the President to swear to do what? a) b) c) d) e) To faithfully execute the office of the President. To preserve, protect and defend the US Constitution, to the best of his ability. To give his allegiance to the Federal Government. All of the Above A&B . 32. Regarding the PARDON POWER, which one if FALSE? a) b) c) d) The President can Pardon one for Federal Offenses. The President can Pardon one for Federal Offenses and state offenses. The President can Pardon all Federal Offenses EXCEPT in cases of Impeachment. The Governor of a State can Pardon one for State Offenses. . 33. Regarding WAR, which one if FALSE? a) b) c) d) e) The President has the sole power to declare war. The Congress has the sole power to declare war. The President is the Commander in Chief of the Armed Forces. The Congress has the power to grant Letters of Marque & Reprisal. If the Militia is called into service of the US, then the President is their Commander in Chief. . 34. Regarding TREATIES, which one is FALSE? a) b) c) d) e) Treaties are agreements between the US and Foreign Countries. The President makes i.e. proposes Treaties. The Senate must APPROVE or REJECT the Treaties Proposed by the President. The Senate must produce a 2/3 vote if it wants to APPROVE a Proposed Treaty. If the Senate REJECTS a Proposed Treaty, then the matter goes to General Vote in the House. . 35. Regarding the STATE OF THE UNION ADDRESS, which one is TRUE? a) It is the President’s speech to Congress. The President gives information and recommendations to Congress. b) It is the House Speaker’s speech to the President. The House Speaker gives information and recommendations to the President. c) It is the President Pro Tempore’s speech to the President. The President Pro Tempore gives information and recommendations to the President. d) It is the House Speaker’s speech to Congress. The House Speaker gives information and recommendations to Congress. e) It is the President Pro Tempore’s speech to Congress. The President Pro Tempore gives information and recommendations to Congress. 8 . 36. The President, Vice President and all Civil Officers of the US can be removed from office on impeachment for and conviction of all of the following offenses, EXCEPT? a) b) c) d) e) Treason Bribery High Crimes Misdemeanors Speeding Tickets . 37. Why did the Framers give Federal Justices Lifetime Appointments? a) The lifetime appointment will allow the judge to become an expert in the law because he will have continual employment. b) The lifetime appointment will allow the judge to make decisions based on the law and the facts because he or she will not have to worry about public opinion. c) It would be unusual to have citizens vote for Federal Judge because the law is apolitical. d) The lifetime appointment will allow the federal judge work closely with the legislature in crafting law because judges interpret and review the law. . 38. Regarding the Federal Judicial Branch, which one is FALSE? a) b) c) d) e) It consists of the US Supreme Court and Inferior Federal Courts. The US Constitution established the US Supreme Court. The Congress establishes Inferior Courts, also known as lower courts. Federal Justices have life-time appointments. Federal Justices are Nominated by the President and confirmed by the House. . 39. The Federal Court System has jurisdiction over all cases that have a Federal Law Question or US Constitutional Question. a) TRUE b) FALSE . 40. The Supreme Court has ORIGINAL JURISDICTION over all of following case-types EXCEPT? a) b) c) d) Cases affecting ambassadors Cases affecting public ministers and consuls Cases in with a state is a party Cases in which there is a constitutional question . 41. What does it mean when the US Supreme Court has Original Jurisdiction over your case? a) It means that you can take your case directly to the US Supreme Court. b) It means that you must file your case in a lower court. If you lose, you can appeal your way up to the Supreme Court. c) It means that your case involves a federal question. d) It means that your case involves a constitutional question. . 9 42. What does it mean when the US Supreme Court has Appellate Jurisdiction over your case? a) It means that you can take your case directly to the US Supreme Court. b) It means that you must file your case in a lower court. If you lose, you can appeal your way up to the Supreme Court. c) It means that your case involves a federal question. d) It means that your case involves a constitutional question. . 43. Which one does NOT qualify as TREASON? a) b) c) d) You levy war against the United States Adhere to the enemies of the United States You give aid and comfort to the enemies of the United States You renounce your US Citizenship and then join ISIS. . 44. You have a warrant for your arrest because you failed to appear in court in California for your DUI charge. While in New York, you are pulled over and jailed because of that arrest warrant. What must happen before the state of New York Extradites you back to California to face your DUI charge. a) b) c) d) The Governor of California must demand that you be returned to California. The Governor of New York must demand that you be returned to California. The President of the US must demand that you be returned to California. The Presiding Judge in the Courthouse where your DUI case is housed must demand that you be returned to California. . 45. If you live in California and want to take the Realtors License Exam in Oregon, can Oregon prevent you from taking their exam? a) b) c) d) No because the Full Faith and Credit Clause. No because only Congress can regulate Interstate Commerce. No because of the Privileges and Immunities Clause. Yes because Federalism allows each state pass its own state laws. . 46. If you are licensed to Drive in California, and then drive through Oregon, must Oregon accept your California Driver’s License? Why or why not? a) No because each state has the power to decide its qualifications to drive. b) Yes because the Full Faith & Credit Clause dictates that each state shall accept the public records of every other state. c) No because your California Driver’s License is only good in California. If you want to drive out of state, you are supposed to get a Federal Driver’s License. d) Yes because once you cross state lines, it is considered Interstate Commerce and only the Congress can regulate Interstate Commerce. . 10 47. AMENDING THE US CONSTITUTION What one is one of the proper procedures for Amending the US Constitution? a) Step 1: Step 2: Step 3: Step 4: An Amendment is proposed in either the House or the Senate. The Chamber in which the amendment was proposed produces a 2/3 vote to ratify the proposed amendment. The Other Chamber produces a 2/3 vote to ratify the proposed amendment. 3/4 of the State Legislatures vote to ratify the proposed amendment. . b) Step 1: Step 2: Step 3: Step 4: An Amendment is proposed in either the House or the Senate. The Chamber in which the amendment was proposed produces a 3/4 vote to ratify the proposed amendment. The Other Chamber produces a Majority 3/4 Vote to ratify the proposed amendment. 2/3 of the State Legislatures vote to ratify the proposed amendment. . c) Step 1: Step 2: Step 3: Step 4: A Supreme Court Justice proposes an Amendment to the Supreme Court for consideration. The Supreme Court produces a 2/3 vote to ratify the proposed amendment. Each Congressional Chamber produces a 2/3 vote to ratify the proposed amendment. 3/4 of the State Legislatures vote to ratify the proposed amendment. . d) Step 1: Step 2: Step 3: Step 4: An Amendment is proposed in either the House or the Senate. The Chamber in which the amendment was proposed produces a Majority Vote to ratify the proposed amendment. The Other Chamber produces a Majority Vote to ratify the proposed amendment. 3/4 of the State Legislatures vote to ratify the proposed amendment. . . 48. COMPLETE THE SENTENCE If you want to serve in the Federal Government or any state government then you must swear an oath to __________________________________ . a) The Federal Government or the State Government depending on which government you want to work for. b) The Federal Government because Federal Law and the US Constitution is the supreme law of the land. c) Support the US Constitution regardless of whether you will work for the federal or state government because the US Constitution is the supreme law of the land. d) Support the President of the United States because he is in charge of enforcing the law. . 11 49. If a State Constitutional Provision conflicts with the US Constitution, what happens? a) The State Constitution trumps the US Constitution because the 10th Amendment makes each state a sovereign member of the USA. b) The Federal Constitution trumps the State Constitution because the SUPREMACY CLAUSE makes it so. c) The Federal Constitution trumps the State Constitution because the Article 2 gives the president the power to enforce federal law and the US Constitution is considered federal law. d) The State Constitution trumps the US Constitution because the Articles of Confederation gave more power to the states than it did to the federal government. . 50. During the Constitutional Conventions, how many states were required to ratify the US Constitution in order for it to go into effect? a) b) c) d) e) 13 12 11 10 9 NEW MATERIAL 12 51. Fill In The Blank for the 5 Missing Words AMENDMENT 2 A well-regulated _______, being necessary to the security of a free ______ , the right of the _______ to ______ and _____ arms shall not be infringed. a) b) c) d) 52. militia / state / people / keep / bear military / state / state / keep / bear militia / government / government / keep / bear militia / state / government / regulate / control Which statement(s) are TRUE regarding D.C. v Heller (2008)? a) The D.C. gun control law banned the private ownership of firearms within D.C.. b) The D.C. gun control law required long guns to be rendered inoperable while stored at home in D.C.. c) The D.C. gun control law banned “assault weapons.” d) A & B e) A, B & C 53. Which statement(s) is/are TRUE regarding McDonald v Chicago (2010)? a) The City of Chicago imposed what amounted to a ban on private handgun ownership in Chicago. b) The City of Chicago imposed an “assault weapon” ban in Chicago. c) The Supreme Court overturned the Chicago gun control law. d) The Supreme Court incorporated the Second Amendment as enforceable against the states. e) A, B, C, & D 54. Which statement(s) is/are TRUE regarding California’s Assault Weapon Ban? a) You can still buy AR-15 rifles as long as the Pistol Grip is removed or modified so that the pistol grip can no longer be used as a pistol grip. b) The California Assault Weapon Ban was passed in order to make machine guns illegal. c) California banned Pistol Grips on Semi-auto Rifles with a detachable magazine because the Pistol Grip factually makes the gun more dangerous. d) It has made semi-automatic AK-47 Variant rifles unavailable for sale in California. 55. Which statement(s) is/are TRUE regarding the proposed Federal Assault Weapon Ban of 2018? a) b) c) d) The Bill was introduced in the House shortly after the Florida School Shooting in 2018. The Bill aims to ban Full-Automatic Weapons. The Bill has passed the House and the Senate and is awaiting President Trump’s signature. It creates a program to teach K-12 students meaningful Anger Management Skills. 13 56. Which statement(s) is/are TRUE regarding the SELECTIVE INCORPORATION DOCTRINE? a) It is a Supreme Court Doctrine such that the Court will consider whether or not to incorporate a provision of the Bill of Rights on a case-by-case basis. b) The Doctrine was triggered by passage of the 14th Amendment and its Due Process Clause which states, “Nor shall any state deprive any person of life, liberty or property without due process of law.” c) The Doctrine was triggered by passage of the 14th Amendment and its Equal Protection Clause with states, “Nor shall any state deny any person within its jurisdiction the equal protection of the laws.” d) A & B e) A, B & C 57. What are the most credible arguments against the California Assault Weapon Ban and against the proposed Federal Assault Weapon Ban of 2018? a) This type of gun control is unconstitutional because it bans machine guns, but the Second Amendment protects our rights to own machine guns. b) These Assault Weapon bans do not make society safer because they ban firearms based on generic characteristics such as a pistol grip, but a pistol grip does not make the firearm more dangerous. c) This type of gun control is unconstitutional because it prohibits adults from purchasing long guns until they are 21 years old. d) This type of gun control violates the California State Constitution. 58. Under California Law, which one is an Assault Weapon and why? a) b) c) d) All are Assault Weapons e) B & C because they have pistol grips. 14 59. Which statement(s) is/are TRUE regarding the Second Amendment debate? a) Hillary Clinton is on record saying that she supports the Second Amendment and simultaneously saying that the D.C. Gun Control regulation at issue in Heller was reasonable i.e. constitutional. b) The Bill of Rights and its Second Amendment was ratified to mollify the Ant-Federalists who feared a Federal Government that was too powerful. c) In general, the National Rifle Association opposes most proposed gun control laws. d) A, B & C e) A & B 60. ABORTION Regarding Griswold v Connecticut (1965) what did the Supreme Court hold? a) b) c) d) e) 61. Which statement(s) is/are TRUE regarding Roe v Wade (1973)? a) b) c) d) e) 62. That the Right to Privacy protects a woman’s right to abort her fetus. That a state may require 24-hour waiting period before getting an abortion. That the Right to Privacy protects a married couple’s right use contraceptives. That state abortion laws would be tested under the Undue Burden Standard. That the Federal Partial-Birth Abortion ban was constitutional. That the Right to Privacy protects a woman’s right to abort her fetus. That a state may require 24-hour waiting period before getting an abortion. That the Right to Privacy protects a married couple’s right use contraceptives. That state abortion laws would be tested under the Undue Burden Standard. That the Federal Partial-Birth Abortion ban was constitutional. Which statement(s) is/are TRUE regarding Planned Parenthood v Casey (1992)? a) b) c) d) That the Right to Privacy protects a woman’s absolute right to abort her fetus. That a state may require 24-hour waiting period before getting an abortion. That the Right to Privacy protects a married couple’s right use contraceptives. That state abortion laws would be tested under the Trimester Approach established in Roe v Wade. e) That the Federal Partial-Birth Abortion ban was constitutional. 63. Which statement(s) is/are TRUE regarding Gonzalez v Carhart (2007)? a) b) c) d) That the Right to Privacy protects a woman’s right to abort her fetus. That a state may require 24-hour waiting period before getting an abortion. That the Right to Privacy protects a married couple’s right use contraceptives. That state abortion laws would be tested under the Trimester Approach established in Roe v Wade. e) That the Federal Partial-Birth Abortion ban was constitutional. 15 64. California Penal Code Section 187 defines “murder” as follows: Murder (a) is the (1) unlawful + (2) killing (3) of a human being, or a fetus, + (4) with malice aforethought. (b) This section shall not apply to any person who commits an act that results in the death of a fetus IF ANY of the following apply: (1) The act complied with the Therapeutic Abortion Act, Article 2 […]. (2) The act was committed by a holder of a physician’s and surgeon’s certificate, […] in a case where, to a medical certainty, the result of childbirth would be death of the mother […] or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not. (3) The act was solicited, aided, abetted, or consented to by the mother of the fetus. (c) […] FACTS: (a) Jack and Jill are a couple, and they have been high on cocaine and ecstasy for several days. (b) Jill is pregnant and wants Jack to help her create a concoction that will cause her to have miscarriage. (c) Jack mixes a recipe of herbs that are known to cause a miscarriage. (d) He hands it to Jill, but Jill does not have the courage the drink it. (e) Jack says, “Do you want to keep the baby or do you want your freedom to party.” (f) Jill says, “I want to party!” (g) Jack grabs her by the nose, tilts her head back, and puts the potion in her mouth. (h) Jill swallows it. (i) A few days later, Jill was sober and also had a miscarriage. (j) Jill regrets the abortion and calls the police on Jack for forcing her to take the potion. If the District Attorney charges Jack with the murder of a living fetus, what is Jack’s best argument to beat the charges? Pick the best answer. a) He should argue that Jill consented to the abortion because he asked if she wanted to have the baby or to be able to party and Jill chose the party life. Furthermore, he did not force her to swallow it. b) He should argue that Jill asked him to make the abortion potion, and after all the work, it is unreasonable for her to change her mind. c) He should argue that murder only applies to the killing of another human being and a fetus is not considered a human being. d) He should argue that California’s murder code is unfair because it treats the fetus as a human being with rights, but is has not been born yet. 16 65. The elements of the Undue Burden Test are as follows. An Undue Burden = 1. a state regulation + 2. that has the purpose or effect + 3. of putting a substantial obstacle + 4. in the path of + 5. a woman seeking the abortion + 6. of a nonviable fetus. Which example(s) is/are a/an Undue Burden(s)? a) Paradise Valley Hospital, a private corporation, has a policy of not providing abortion services. b) California requires minors to get the parental consent of at least one parent. c) Arizona requires abortion-seekers to wait 24 hours before getting an abortion. d) Texas requires the abortion-seeker to sign a declaration stating that she either informed her spouse of her intent to abort or explain why she could not inform him. e) B & E. 66. TRUE / FALSE Pro-Life Catholics who pray the rosary at Abortion Clinics do so because they are ignorant and lack a clear understanding of the abortion debate. a) TRUE b) FALSE 67. HYPOTHETICAL California DUI Law requires the following: If after your first DUI Conviction, you get a second DUI Conviction and as a result of driving under the influence this second time, a person is killed, then you will be charged with MURDER (even though you did not have the required Malice Aforethought that is usually to be guilty of murder). California PC 187 defines Murder as follows: Murder (a) is the (1) unlawful + (2) killing (3) of a human being, or a fetus, + (4) with malice aforethought. If Drunk Driver Dan, during his Second DUI, kills a pregnant woman and her unborn child, how will the District Attorney charge Dan? a) The DA will charge him with one count of murder because Dan did not have Malice Aforethought when he killed the mother and unborn child. b) The DA will charge him with two counts of murder because it is Dan’s second DUI and as a result of his intoxication, a mother and her unborn fetus were killed. 17 c) The DA will charge him with double manslaughter because Dan lacks the requisite intent i.e. Malice Aforethought to kill anyone. d) The DA will charge him with double vehicular manslaughter because he killed a mother and her unborn child, but did not form the requisite intent i.e. Malice Aforethought required for murder. 68. TRUE / FALSE Republicans are more likely to support Pro-Life policies and Democrats are more likely to support Pro-Choice policies. a) TRUE b) FALSE 69. Which one is a PROPER definition for Abortion? a) b) c) d) 70. It is the termination of a life of a living fetus. It the removal of a fetus from the woman. It is the termination of the life of a living fetus with the mother’s consent. It is the removal of a fetus from the woman’s body with the woman’s consent. Religion & Freedom of Speech Masterpiece Cakeshop v Colorado Civil Rights Commission (2017) Facts: 1. Colorado passed a law that in effect says: “If you are a private business open to the public, then thou shall not refuse service on the basis of race, color, religion, national origin, or sexual orientation.” 2. Masterpiece Cakeshop is owned by a devout Protestant Christian. 3. A gay couple enter the shop and inquire about purchasing a wedding cake. 4. The Cakeshop Owner finds out that the cake will be for that couple’s gay wedding. 5. The Cakeshop Owner then says, “I cannot design the cake for you because of my religious beliefs, but I can sell you anything in the store including a premade cake.” 6. The Gay Couple report him to the Colorado Civil Rights Commission. 7. The Commission fines the Shop Owner and orders him to provide anti-discrimination training for his employees. 8. The Shop Owner appeals the Colorado Commission’s decision in the Colorado State Court of Appeals and loses there. 9. The Shop Owner then appeals that decision to the US Supreme Court. Which is/are TRUE? a) b) c) d) The Baker refused to provide service based on the Freedom of Speech Clause. The Baker refused to provide service based on the Freedom of Assembly Clause. The Baker refused to provide service based on Free Exercise Clause. The Baker refused to provide service based on the Establishment Clause. 18 71. Reynolds v US (1879) FACTS: 1. 1776: Declaration of Independence ratified and formally declared. 2. 1791: Bill of Rights ratified. 3. 1830: Fundamentalist Mormon Church founded. a. They believe that God requires men to practice polygamy i.e. to have multiple wives. 4. 1874: Congress bans polygamy. 5. Then George Reynolds, a Mormon, married his 2nd wife & then charged w/ violating the law. 6. Reynolds sues at the US Supreme Court and argues: “The Federal Ban on polygamy is unconstitutional because it violates the 1st Amendment’s Free Exercise Clause which protects my right to exercise my religion.” THE ISSUE THAT THE COURT HAD TO RESOLVE IS: 1. Does the Federal Ban on Polygamy violate the 1st Amendment’s Free Exercise of Religion Clause? 2. Note: The 1st Amendment Free Exercise Clause says: “Congress shall make no law that prohibits the free exercise of religion.” What did the Court decide and how did it rationalize its decision? a) HELD: YES, the Federal Ban on Polygamy does violate the Free Exercise Clause RATIONALE (because): The Mormon religion requires Mormon Men to have multiple wives. Therefore, the ban violates Reynold’s freedom to exercise his faith. b) HELD: NO, the Federal Ban on Polygamy does NOT violate the Free Exercise Clause RATIONALE (because): During the Nation’s Founding Era, there was no support for Polygamy as a religious practice. c) HELD: NO, the Federal Ban on Polygamy does NOT violate the Free Exercise Clause RATIONALE (because): The Federal Government can ban Polygamy because it disapproves of the Mormon religious practice of polygamy. d) HELD: YES, the Federal Ban on Polygamy does violate the Free Exercise Clause RATIONALE (because): The Freedom to Exercise Your Religion is absolute; therefore, the government cannot ban polygamy. 19 72. United States v Ballard (1944) FACTS 1. Ballard claims that he received instruction from Saint Germain to be a “divine messenger, to establish the I AM religion and to heal people supernaturally.” 2. Ballard uses the US Postal Service to solicit donations in order to continue his work. 3. The Federal Government charged Ballard with Mail Fraud arguing that it is fraud because he does not have supernatural healing power but is claiming that in order to solicit donations via the US Postal Service. 4. At Trial, the Trial Judge gave the Jury the following Instruction: a. “To determine whether or not Ballard committed Fraud, you must determine whether or not Ballard sincerely believed that he possessed supernatural healing power. You may NOT consider whether or not Ballard actually possesses the ability to supernaturally heal people.” 5. Ballard was found NOT GUILITY 6. The Federal Government appealed its loss to the Supreme Court. THE ISSUE THAT SCOTUS MUST RESOLVE: 1. Did the Trial Court Judge provide the correct jury instruction? What did the Court decide and why? a) HELD: YES RATIONALE: The 1st Amendment’s Free Exercise Clause protects Ballard’s right to defraud people out of money because it was part of his religion. b) HELD: NO RATIONALE: The Federal Government was obviously targeting the Mormon Religion and thus imposed an Undue Burden on the Free Exercise of Religion. c) HELD: YES RATIONALE: In short, it is impossible to prove or disprove religious beliefs and or doctrines. Thus, in the court of law, the law must consider only whether or not the person asserting a religious belief is sincere in holding that belief. 20 73. United States v Seeger (1965) FACTS 1. 2. 3. 1940: Congress passed the Universal Military Training & Service Act a. It has a Religious Exemption from Military Combat for Conscientious Objectors. b. In order qualify for Conscientious Objector Status, you must meet the following criteria. 1. You MUST conscientiously oppose participation in war in any form BECAUSE OF 1. Your Religious Training & Belief + 2. Your Belief in a Supreme Being. 2. Your political, sociological, or philosophical views against war are not enough to qualify. 3. The Exemption Request Form requires applicants to answer questions in YES / NO format. 4. Seeger answered the Two Questions as follows: 1. Answered YES to the question “Do you conscientiously object to war based on your religious belief?” 2. He did NOT Answer the question “Do you believe in a Supreme Being?” The government denied Seeger Conscientious Objector Status because he did not declare that he believed in a Supreme Being. Seeger sues in SCOTUS. THE ISSUE THAT THE COURT MUST SOLVE: 1. Does one qualify for Conscientious Objector Status even IF the applicant declares skepticism or disbelief in God’s Existence? WHAT DID THE COURT DECIDE AND WHY? a) HELD: YES RATIONALE 1. When Congress used the world “religious belief and training” it meant to deny Conscientious Objector Status for those who base it on political, social or moral code. 2. The New Test in regards to Belief in relation to a Supreme Being is whether a given belief that is sincere & meaningful occupies a place in the life of its possessor parallel to ... the orthodox belief in God. b) HELD: NO RATIONALE 1. Congress made created the Exemption only for those who believe in God or a Supreme Being. c) HELD: NO RATIONALE Congress has the power to pass laws that are necessary and proper to effectuating its enumerated powers e.g. the power to raise armies. Thus, Congress has the power to decide whether or not and how it will create a Conscientious Objector Exemption for war. 21 74. Welsh v United States (1970) Facts 1. 1964: Selective Service drafted Welsh into the military during the Vietnam War. 2. Walsh applied for Conscientious Objector Status. 3. On the Application, he answered the questions as follows: 1. “YES” to the Question: “Do you conscientiously object to war based on religious belief?” 2. “NO” to the Question: “Do you believe in a Supreme Being?” 4. His application was denied. 5. Welsh refused to appear for Military Induction. 6. Welsh was then found guilty of violating the Selective Service Code and sentenced to 3 years imprisonment. ISSUE: Can one qualify for Conscientious Objector Status even though he does not believe in a Supreme Being? WHAT DID THE DECIDE AND WHY? a) HELD: YES RATIONALE 1. In short, the 1st Amendment Right to Freely Exercise Your Religion also protects atheists even though they don’t believe in a Supreme Being. b) HELD: YES RATIONALE 1. In short, Conscientious Objector Status applies to ALL whose consciences, spurred by deeply held moral, ethical, or religious beliefs, would give them no rest or peace if they allowed themselves to become a part of an instrument of war. c) HELD: NO RATIONALE Congress has the power to pass laws that are necessary and proper to effectuating its enumerated powers e.g. the power to raise armies. Thus, Congress has the power to decide whether or not and how it will create a Conscientious Objector Exemption for war. 22 75. Pensacola Satanic Church FACTS 1. 2. 3. 4. 5. The Bill of Rights, in relevant part dictates that, “Congress shall make no law respecting the establishment of religion” (AKA “The Establishment Clause”). Sometime after the 14th Amendment was ratified, SCOTUS incorporated the Establishment Clause as enforceable against the states as well. This means that state governments are not allowed to favor one religion over another religion. It is a long-time custom of the City Council of Pensacola, Florida to verbally pray to the Christian God before each session. In 2016, a Satanist attended a City Council Session and demanded that he be allowed to perform an invocation to Satan. The City Council obliged even though most members in the audience vehemently opposed the decision. What answer provides the best explanation for why the City Council allowed the Satanic Invocation on government property? a) The City Council understands the Free Exercise Clause protects the Satanist’s right to practice his religious where ever he wants, and that includes City Hall. b) The City Council understands the Free Speech Clause protects the Satanist’s right to openly pray at City Council before session. c) The City Council understands it may not favor one religion over another and since it had been allowing Christian Prayers before session, it had to accommodate the Satanist in order to avoid favoring Christianity over Satanism. 76. The Religious Clauses Where are the Religious Clauses located? a) b) c) d) 77. In the First Amendment In the Fifth Amendment In the 6th Amendment In the 7th Amendment What is the purpose of the Establishment Clause? a) It is meant to protect the people’s religious freedoms by prohibiting the government from passing laws that prevent one from practicing the dictates of his/her faith. b) It is meant to protect the people’s religious freedoms by prohibiting the government from adopting an official state religion. c) It was meant to erase all traces of religion in relation to the government. d) It was meant to keep America a Christian Nation. 23 78. What is the purpose of the Free Exercise Clause? a) It is meant to protect the people’s religious freedoms by prohibiting the government from passing laws that prevent one from practicing the dictates of his/her faith. b) It is meant to protect the people’s religious freedoms by prohibiting the government from adopting an official state religion. c) It was meant to erase all traces of religion in relation to the government. d) It was meant to keep America a Christian Nation. 79. True / False A majority of Americans report that they believe in God. a) True b) False 80. Smith v Oregon (1990) Facts 1. Smith is a Native American and his Native American Religion requires him to consume Peyote, a hallucinogenic cactus that the Federal Government has banned as controlled substance. 2. Smith works at a Drug Rehabilitation facility that requires drug testing. 3. Smith consumes the Peyote as required by his religion. 4. Smith then tests positive for Peyote on a random drug test at work. 5. Smith is fired. 6. Smith applies for Unemployment Benefits, but is denied because “he was fired for good cause.” 7. Smith appeals the decision in SCOTUS. 8. Smith argues that was not fired for good cause because the Free Exercise Clause protects his right to consume Peyote as a religious rite. DID THE COURT AGREE OR DISAGREE WITH SMITH & WHY? a) It agreed with Smith because the Free Exercise Clause protects one’s right to exercise the dictates of one’s faith and that includes taking Peyote, a drug that the Federal Government has prohibited. b) It disagreed with Smith because the Free Exercise Clause does not excuse one from having to obey an otherwise valid law. c) It disagreed with Smith because the Establishment Clause would be violated if the government prevented Smith from exercising his religious rite. 24 81. Interest Groups Which one best defines or explains the term “Interest Group”? a) It is a group of people that run for elected office. They represent the interest of the members of their parties by lobbying the government, regarding specific subject matter, to either maintain the status quo or to make a change. b) It is an intermediary that tries to benefit the government by influencing the public via education, and then convincing members in the public to either support or oppose proposed government action. c) It is an intermediary that links one branch of government to another. It tries to influence the other branches of government in order to benefit the branch of government that it represents. d) It is an intermediary that tries to influence public policies in a way that benefits its members by lobbying government, regarding specific subject matter, to either maintain the status quo or to make a change. 82. Some argue that some Interest Groups that are labeled as “Ideological Interest Groups” are actually “Public Interest Groups”. Which one is an example of an Ideological Interest Group? a) b) c) d) 83. AARP The National Rifle Association The Teamsters The Peanut Butter & Nut Processors Association Interest Groups experience phases, namely, (1) Creation, (2) growth / change & (3) sometimes death. Why did the Right To Life Committee spring into being? a) It was a response to Roe v Wade (1973) where SCOTUS announced that the Constitution protects a woman’s right to get an abortion. b) It was a response to Griswold v Connecticut (1965) where SCOTUS announce that the Constitution protects the rights of married couples to use contraceptives. c) It was a response to Planned Parenthood v Case (1992) where SCOTUS announce that the Spousal Notification Requirement was not constitution. d) It was a response to Carhart v Gonzalez (2007) where SCOTUS announce that the Constitution protects the rights of married couples to use contraceptives. 84. Which one best describes the evolution of the National Rifle Association? a) Its original focus was promoting the marksmanship of its members. Then the 1968 Gun Control Act caused a split in the NRA regarding its focus. Its members elected new leaders who promised to oppose Gun Control. b) Its original focus was to support the Black Codes that prohibited newly freed slaves from owning firearms. Then it began to oppose Gun Control because it viewed the 1968 the Gun 25 Control Act as an affront against the gun rights of whites. The NRA then elected new leaders to that end. c) Its original focus was to promote the marksmanship of military soldiers. Then the 1968 Gun Control Act caused a split in the NRA regarding its focus. Its members elected new leaders who promised to oppose Gun Control. 85. The term “Iron Law of Oligarchy” is a descriptor applied to the phenomenon such that Interest Group leaders and Top Staff usually control the Interest Group. Which one is NOT one of causes of this “Iron Law”? a) The Leadership commands the Interest Group’s resources. b) The Leadership commands the Interest Group’s information flow. c) The Leadership commands retain the experience and expertise to deal with public policies that are often complex & technical. d) The Leadership is usually bought off by politicians. 86. Which one best explains the descriptor “FREE-RIDER”? a) It is applied to the phenomenon when (1) Interest Group membership is mandatory + (2) all members benefit from the work of said Interest Group + (3) thus, some people decide stop contributing to said Interest Group after the benefit has been distributed. b) It is applied to the phenomenon when (1) Interest Group membership is voluntary + (2) all people get to benefit from the work of said Interest Group + (3) thus, some people decide not to contribute to said Interest Group because they will experience the benefits regardless. c) It is applied to the phenomenon when (1) Interest Group membership is voluntary + (2) only members of the said Interest Group get to benefit from the work of said Interest Group + (3) thus, some people decide not to contribute to said Interest Group because they will experience the benefits either way. 87. Which one is NOT one of the Incentives used to overcome the FREE-RIDER PROBLEM? a) b) c) d) 88. Purposive Incentive Solidarity Incentive Material Incentive Street Credibility Incentive Which one is the best example where Union Membership is a requirement for employment? a) b) c) d) Employment in most automobile plants Employment at most gas stations. Employment at most single-location restaurants. Employment at most Palm Reader Businesses. 26 89. TRUE / FALSE Many employers do not have unions to join, but workers can organize to create a union. a) TRUE b) FALSE 90. TRUE / FALSE In the 2000 Presidential Election, the NRA endorsed George W. Bush and actively opposed Al Gore. The NRA caused Gore to lose Arkansas, West Virginia, and Tennessee (his home state). Had Al Gore won just one of these states, he would have own the election. President Bill Clinton blamed the NRA for Gore’s Defeat. a) TRUE b) FALSE 91. Political Parties Which one is not part of the proper explanation of POLITICAL PARTIES? a) They are enduring organizations under whose labels candidates seek and hold elective offices. b) They develop and implement rules for governing elections. c) They help organize government leadership. d) They lobby the government to implement their policy preferences. 92. What is the number one goal of Political Parties? a) b) c) d) 93. Once a Politician is elected to office, what becomes his number one goal? a) b) c) d) 94. To lobby the government in order to effectuate their policy preferences. To get elected to office. To tax the people in order to spread the wealth. To screw people out of their gun rights. To do his best to effectuate his party’s policies preferences. To raise taxes. To do his/her best to comply with the wishes of interest groups that lobby him / her. To do his/her best to work in a bi-partisan manner in order to get things done. What is the first Political Party in American History? a) b) c) d) The Democratic Party The Republican-Whig Party The Federalist Party The Anti-Federalist Party 27 95. The Political Spectrum Liberal Moderate Conservative Which one is FALSE regarding the Political Spectrum and Political Parties? a) b) c) d) e) 96. Democrats tend to support liberal social policies. Republicans tend to support conservative policies. Moderates tend to support compromise and middle of the road policy positions. Democrats tend to favor less gun control. Republicans tend to favor less gun control. What Party System does America operate under? a) The Multi-Party System because the Libertarian Party exists along with the Democratic Party and Republican Party. b) A Two-Party System because the Democratic Party and Republican Party dominate the political process and there is no viable Third Party. c) A Single-Party System because the is no long much difference between the Democrats and Republicans. d) A Three-Party System because Jesse Venture ran under the Reform Party and was elected as Governor of Minnesota. 97. What does DACA stand for? a) b) c) d) 98. How implemented the DACA program? a) b) c) d) 99. Deferred Action for Childhood Arrivals. Deferred Action for Criminal Arrivals. Detain All Childhood Arrivals. Deny Access to Criminal Arrivals. The Congress when President Obama was in office. President Obama. The United States Office of Customs and Immigration Service The State of California. If you are a DACA Beneficiary and you get convicted of a DUI, what is/are the consequences? a) b) c) d) If it is your first DUI and no victims claim injuries, then you will get a second chance. If it is your first misdemeanor, then you have two more chances because you don’t get deported until you are convicted of your first felony or your Third Misdemeanor. You will get deported because a DUI is considered a threat to public safety and in order to receive DACA Benefits, you must NOT be considered a threat to public safety. You will be downgraded to Tourist Visa Status and put on probation for 3 years. 100. TRUE / FALSE In 2017, President Trump rescinded the DACA Program claiming that it was unconstitutional and illegal because President Obama created it via Executive Order. He gave Congress 6 months to make the DACA Program law. He tried to cut a deal with Congress but Congress could get such a bill passed through Congress. a) TRUE b) FALSE 28
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