FCLEPractice

Topic 3 · Competency 1: Principles of American Democracy

Rights, Justice, and Equality: Practice Questions

113 practice questions on due process, the justice system, equality under the law, equal protection, individual liberty, majority rule and minority rights, and citizenship. Answers are hidden until you click "Show answer."

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Original practice questions written to the FCLE competencies, not actual exam items.

Majority Rule and Minority Rights (15)

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  1. Which principle of American government is best described as the principle that the majority decides while the basic rights of smaller groups are protected?

    1. social contract
    2. separation of powers
    3. republicanism
    4. majority rule with minority rights
    Show answer

    D. majority rule with minority rights: Majority rule with minority rights is the principle that the majority decides while the basic rights of smaller groups are protected.

  2. Which statement best describes the principle of majority rule with minority rights?

    1. The idea that government is limited by and must follow a written constitution.
    2. The principle that the majority decides while the basic rights of smaller groups are protected.
    3. A system in which citizens vote on laws themselves rather than through representatives.
    4. Rights that people are born with and that do not come from government.
    Show answer

    B. The principle that the majority decides while the basic rights of smaller groups are protected.: Majority rule with minority rights is the principle that the majority decides while the basic rights of smaller groups are protected.

  3. Which constitutional feature most directly protects minority rights from majority rule?

    1. the Electoral College
    2. the Bill of Rights
    3. the census
    4. the Commerce Clause
    Show answer

    B. the Bill of Rights: The Bill of Rights places certain rights beyond the reach of majorities.

  4. Requiring a two-thirds vote of the Senate to ratify treaties is an example of

    1. direct democracy
    2. a supermajority requirement
    3. simple majority rule
    4. judicial review
    Show answer

    B. a supermajority requirement: A supermajority is more than a simple majority.

  5. Use the scenario below to answer the question that follows.

    A city council passes a budget by majority vote but cannot use it to deny a religious group the right to worship.

    Which principle of American government is best illustrated by the scenario?

    1. direct democracy
    2. majority rule with minority rights
    3. limited government
    4. constitutionalism
    Show answer

    B. majority rule with minority rights: This scenario illustrates majority rule with minority rights: the principle that the majority decides while the basic rights of smaller groups are protected.

  6. Use the scenario below to answer the question that follows.

    Even though most voters favor a ban on an unpopular newspaper, the courts protect its right to publish.

    Which principle of American government is best illustrated by the scenario?

    1. federalism
    2. majority rule with minority rights
    3. checks and balances
    4. republicanism
    Show answer

    B. majority rule with minority rights: This scenario illustrates majority rule with minority rights: the principle that the majority decides while the basic rights of smaller groups are protected.

  7. In the U.S. Senate, a filibuster can be ended by a cloture vote of

    1. two-thirds of the House
    2. three-fifths of senators (60 votes)
    3. a simple majority of 51
    4. the vice president alone
    Show answer

    B. three-fifths of senators (60 votes): Cloture under Senate rules requires 60 votes for most legislation.

  8. Why does the Constitution require a supermajority to amend it?

    1. to protect fundamental principles and minority interests from temporary majorities
    2. to give the president sole control of amendments
    3. to make amendments happen quickly
    4. to prevent states from voting
    Show answer

    A. to protect fundamental principles and minority interests from temporary majorities: Article V's supermajorities make the Constitution hard to change.

  9. What does "majority rule with minority rights" mean?

    1. The minority must always agree with the majority.
    2. The majority's decisions can never be challenged.
    3. The minority can veto any law it dislikes.
    4. The majority makes decisions, but it cannot take away the basic rights of those in the minority.
    Show answer

    D. The majority makes decisions, but it cannot take away the basic rights of those in the minority.: Democracy depends on majority rule, but constitutional government protects the rights of individuals and minorities from being voted away.

  10. A city council votes 6–1 to ban one small religious group from holding services in a public park that other groups may use. Why is this vote likely unconstitutional even though a majority supported it?

    1. City councils have no power to manage parks.
    2. A majority cannot violate the constitutional rights of a minority.
    3. Only Congress may regulate religion in parks.
    4. The council needed a unanimous vote.
    Show answer

    B. A majority cannot violate the constitutional rights of a minority.: Treating one religious group worse than others violates the First Amendment. Constitutional rights limit what majorities may do.

  11. The Constitution requires a two-thirds vote of the Senate to approve a treaty. Requirements like this are an example of

    1. popular sovereignty overriding the Senate.
    2. a supermajority requirement that protects against a narrow majority.
    3. judicial review of treaties.
    4. the Full Faith and Credit Clause.
    Show answer

    B. a supermajority requirement that protects against a narrow majority.: Supermajority rules (two-thirds for treaties, veto overrides, and amendment proposals; three-fourths of states for ratification) make sure major decisions have broad support.

  12. Which term describes a system in which decisions follow what most people want while protecting the basic rights of those in the minority?

    1. Civic duty
    2. Civic responsibility
    3. Due process
    4. Majority rule with minority rights
    Show answer

    D. Majority rule with minority rights: Majority rule with minority rights is a system in which decisions follow what most people want while protecting the basic rights of those in the minority.

  13. Which statement best defines "majority rule with minority rights"?

    1. A system in which decisions follow what most people want while protecting the basic rights of those in the minority.
    2. A primary in which only voters registered with a party may vote for that party's candidates.
    3. Rights such as life, liberty, and property that people have simply because they are human, not because government grants them.
    4. The idea that the people are the ultimate source of the government's authority.
    Show answer

    A. A system in which decisions follow what most people want while protecting the basic rights of those in the minority.: Majority rule with minority rights: a system in which decisions follow what most people want while protecting the basic rights of those in the minority.

  14. Which principle is best illustrated by this situation? A city's voters pass a measure by majority vote, but a court blocks the part that would ban a minority religion's services.

    1. Social contract
    2. Majority rule with minority rights
    3. Rule of law
    4. Separation of powers
    Show answer

    B. Majority rule with minority rights: This situation illustrates majority rule with minority rights.

  15. A bill passes the legislature by majority, but it may not take away the free speech rights of those who opposed it. This is an example of which principle?

    1. Direct democracy
    2. Majority rule with minority rights
    3. Individual liberty
    4. Due process
    Show answer

    B. Majority rule with minority rights: This situation illustrates majority rule with minority rights.

Individual Liberty (15)

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  1. Which principle of American government is best described as the freedom of each person to act, believe, and speak without unreasonable government interference?

    1. constitutionalism
    2. separation of powers
    3. individual liberty
    4. popular sovereignty
    Show answer

    C. individual liberty: Individual liberty is the freedom of each person to act, believe, and speak without unreasonable government interference.

  2. Use the scenario below to answer the question that follows.

    A person is free to criticize government leaders in a blog post without fear of arrest.

    Which principle of American government is best illustrated by the scenario?

    1. checks and balances
    2. individual liberty
    3. popular sovereignty
    4. separation of powers
    Show answer

    B. individual liberty: This scenario illustrates individual liberty: the freedom of each person to act, believe, and speak without unreasonable government interference.

  3. Which statement best describes the principle of individual liberty?

    1. The freedom of each person to act, believe, and speak without unreasonable government interference.
    2. The division of power between a national government and state governments.
    3. A system in which citizens elect representatives to make laws on their behalf.
    4. The division of government power among legislative, executive, and judicial branches.
    Show answer

    A. The freedom of each person to act, believe, and speak without unreasonable government interference.: Individual liberty is the freedom of each person to act, believe, and speak without unreasonable government interference.

  4. Thomas Jefferson's phrase 'a wall of separation between church and state' comes from

    1. the Constitution
    2. the Declaration of Independence
    3. the Northwest Ordinance
    4. his letter to the Danbury Baptists
    Show answer

    D. his letter to the Danbury Baptists: Jefferson used the phrase in an 1802 letter.

  5. Which of the following is the best example of individual liberty?

    1. A member of Congress must resign her seat before accepting a position as a cabinet secretary.
    2. The Senate rejects a president's nominee to the Supreme Court.
    3. Two people who commit the same crime under the same circumstances face the same legal penalties regardless of wealth.
    4. A citizen chooses which religion to follow, or none, without interference from the government.
    Show answer

    D. A citizen chooses which religion to follow, or none, without interference from the government.: Individual liberty is the freedom of each person to act, believe, and speak without unreasonable government interference.

  6. Which colonial-era group founded Pennsylvania as a haven for religious tolerance?

    1. Catholics
    2. Quakers
    3. Anglicans
    4. Puritans
    Show answer

    B. Quakers: William Penn established Pennsylvania as a Quaker colony open to many faiths.

  7. Use the scenario below to answer the question that follows.

    A citizen chooses which religion to follow, or none, without interference from the government.

    Which principle of American government is best illustrated by the scenario?

    1. republicanism
    2. constitutionalism
    3. due process
    4. individual liberty
    Show answer

    D. individual liberty: This scenario illustrates individual liberty: the freedom of each person to act, believe, and speak without unreasonable government interference.

  8. Today, the First Amendment's religion clauses generally allow public school students to

    1. pray privately and voluntarily during the school day
    2. be required to recite a teacher-led prayer
    3. be excused from all school rules for religious reasons
    4. be forced to join a religious club
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    A. pray privately and voluntarily during the school day: Voluntary private prayer is protected; government-led prayer is not.

  9. Which is an example of political liberty?

    1. freely voting for the candidate of one's choice
    2. being assigned a religion by the state
    3. being taxed by Parliament without representation
    4. being required to join a political party
    Show answer

    A. freely voting for the candidate of one's choice: Political liberty includes participation in self-government.

  10. The Virginia Statute for Religious Freedom (1786), which influenced the First Amendment, was written by

    1. Alexander Hamilton
    2. George Washington
    3. Thomas Jefferson
    4. John Jay
    Show answer

    C. Thomas Jefferson: Jefferson drafted the statute disestablishing the Anglican Church in Virginia.

  11. Which situation is an example of individual liberty protected by the Constitution?

    1. A person is required to join a political party.
    2. A person is required to attend an official state church.
    3. A person chooses to practice a religion that few others in town follow.
    4. A person must get government permission before criticizing officials.
    Show answer

    C. A person chooses to practice a religion that few others in town follow.: The Free Exercise Clause protects each person's right to choose and practice a religion, a core part of individual liberty.

  12. The idea that people should be free to make choices about their own lives without unreasonable interference from government is called

    1. federalism.
    2. judicial review.
    3. individual liberty.
    4. eminent domain.
    Show answer

    C. individual liberty.: Individual liberty is the freedom to act, think, and believe as one chooses, as long as one does not violate the rights of others.

  13. Which situation is the best example of a citizen exercising individual liberty?

    1. Paying federal income taxes
    2. Serving on a jury when summoned
    3. Registering for the Selective Service
    4. Choosing to practice a religion or no religion at all
    Show answer

    D. Choosing to practice a religion or no religion at all: Individual liberty is freedom to make personal choices; the others are legal duties.

  14. A person chooses which religion to practice, or none, without interference from the government. This is an example of which principle?

    1. Due process
    2. Rule of law
    3. Separation of powers
    4. Individual liberty
    Show answer

    D. Individual liberty: This situation illustrates individual liberty.

  15. Read the scenario: An adult decides which job to take and where to live without government approval. Which principle of American government does it reflect?

    1. Representative democracy
    2. Rule of law
    3. Direct democracy
    4. Individual liberty
    Show answer

    D. Individual liberty: This situation illustrates individual liberty.

Due Process of Law (37)

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  1. Which of the following is the best example of due process?

    1. Voters approve or reject a proposed law placed directly on the ballot by petition.
    2. A defendant receives notice of the charges, a hearing before a neutral judge, and a chance to present evidence.
    3. The president vetoes a bill passed by Congress.
    4. Citizens in a New England town meeting vote directly on the town budget.
    Show answer

    B. A defendant receives notice of the charges, a hearing before a neutral judge, and a chance to present evidence.: Due process is the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  2. Which statement best describes the principle of due process?

    1. The principle that laws apply equally to all people, without guaranteeing equal outcomes.
    2. The division of power between a national government and state governments.
    3. The requirement that government follow fair procedures before depriving a person of life, liberty, or property.
    4. The principle that government is created by and subject to the will of the people.
    Show answer

    C. The requirement that government follow fair procedures before depriving a person of life, liberty, or property.: Due process is the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  3. A person found guilty in a Florida circuit court who believes the judge made a legal error would most likely appeal to

    1. a Florida District Court of Appeal
    2. a county court
    3. the governor
    4. the U.S. Senate
    Show answer

    A. a Florida District Court of Appeal: Florida's intermediate appellate courts hear most appeals.

  4. Use the excerpt below, from the Bill of Rights, to answer the question that follows.

    "nor shall any person... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

    Which principle is most directly reflected in the excerpt?

    1. a confederation of states
    2. natural rights
    3. federal supremacy
    4. due process
    Show answer

    D. due process: The excerpt from the Bill of Rights reflects due process.

  5. A writ of habeas corpus requires authorities to

    1. release all prisoners in wartime
    2. bring a detained person before a court and justify the detention
    3. transfer a case to the Supreme Court
    4. search a home for evidence
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    B. bring a detained person before a court and justify the detention: Habeas corpus protects against unlawful imprisonment.

  6. Laws passed by legislatures, such as Congress or the Florida Legislature, are called

    1. case law
    2. common law
    3. statutory law
    4. military law
    Show answer

    C. statutory law: Statutes are written laws passed by legislatures.

  7. In a criminal trial, who must prove the defendant's guilt?

    1. the judge, by clear and convincing evidence
    2. the prosecution, beyond a reasonable doubt
    3. the defendant, by a preponderance of evidence
    4. the jury foreperson
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    B. the prosecution, beyond a reasonable doubt: The burden of proof in criminal cases lies with the prosecution.

  8. Use the excerpt below, from the Declaration of Independence, to answer the question that follows.

    "For transporting us beyond Seas to be tried for pretended offences."

    Which principle is most directly reflected in the excerpt?

    1. representative government
    2. federalism
    3. independence
    4. due process
    Show answer

    D. due process: The excerpt from the Declaration of Independence reflects due process.

  9. Use the scenario below to answer the question that follows.

    A public university must hold a hearing before expelling a student for misconduct.

    Which principle of American government is best illustrated by the scenario?

    1. due process
    2. separation of powers
    3. republicanism
    4. individual liberty
    Show answer

    A. due process: This scenario illustrates due process: the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  10. Rules issued by government agencies such as the Environmental Protection Agency are examples of

    1. administrative law
    2. constitutional law
    3. common law
    4. criminal law
    Show answer

    A. administrative law: Agencies make regulations under authority delegated by legislatures.

  11. Law made by judges' decisions in earlier cases is called

    1. common law (case law)
    2. statutory law
    3. administrative law
    4. constitutional law
    Show answer

    A. common law (case law): Common law relies on precedent.

  12. In Florida, which courts hear most serious criminal (felony) trials?

    1. circuit courts
    2. the Florida Supreme Court
    3. county courts
    4. district courts of appeal
    Show answer

    A. circuit courts: Florida circuit courts are the trial courts for felonies.

  13. Use the excerpt below, from the Magna Carta, to answer the question that follows.

    "No free man shall be seized or imprisoned, or stripped of his rights or possessions... except by the lawful judgment of his equals or by the law of the land."

    Which principle is most directly reflected in the excerpt?

    1. consent of the governed
    2. due process
    3. an independent judiciary
    4. representative government
    Show answer

    B. due process: The excerpt from the Magna Carta reflects due process.

  14. Which is the highest court in the Florida court system?

    1. the U.S. Supreme Court
    2. the Florida Supreme Court
    3. the Florida Circuit Court
    4. the Florida District Court of Appeal
    Show answer

    B. the Florida Supreme Court: The Florida Supreme Court sits atop the state court system.

  15. Which type of law involves the government prosecuting a person for an act harmful to society, such as robbery?

    1. criminal law
    2. international law
    3. administrative law
    4. civil law
    Show answer

    A. criminal law: In criminal cases, the government (prosecution) brings charges against the accused.

  16. What is the main role of a judge in a jury trial?

    1. to rule on questions of law and ensure fair procedures
    2. to represent the defendant
    3. to serve as the prosecutor
    4. to decide the defendant's guilt alone in every case
    Show answer

    A. to rule on questions of law and ensure fair procedures: The judge oversees the trial; the jury decides facts.

  17. In a civil case, the party who files the lawsuit is called the

    1. bailiff
    2. prosecutor
    3. defendant
    4. plaintiff
    Show answer

    D. plaintiff: The plaintiff brings a civil suit against the defendant.

  18. The principle that courts follow earlier decisions on similar issues is called

    1. ex post facto
    2. amicus curiae
    3. habeas corpus
    4. stare decisis
    Show answer

    D. stare decisis: Stare decisis means 'to stand by things decided.'

  19. Which type of law deals with disputes between private parties, such as breach of contract?

    1. military law
    2. constitutional law
    3. civil law
    4. criminal law
    Show answer

    C. civil law: Civil law resolves private disputes such as contracts and torts.

  20. Use the scenario below to answer the question that follows.

    A state cannot take away a driver's license without giving the driver notice and an opportunity to be heard.

    Which principle of American government is best illustrated by the scenario?

    1. popular sovereignty
    2. due process
    3. checks and balances
    4. individual liberty
    Show answer

    B. due process: This scenario illustrates due process: the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  21. Which principle of American government is best described as the requirement that government follow fair procedures before depriving a person of life, liberty, or property?

    1. individual liberty
    2. natural rights
    3. due process
    4. social contract
    Show answer

    C. due process: Due process is the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  22. Use the excerpt below, from the Declaration of Independence, to answer the question that follows.

    "For depriving us in many cases, of the benefits of Trial by Jury."

    Which principle is most directly reflected in the excerpt?

    1. federal supremacy
    2. due process
    3. checks and balances
    4. federalism
    Show answer

    B. due process: The excerpt from the Declaration of Independence reflects due process.

  23. The Fifth Amendment's Due Process Clause limits the federal government, while the Fourteenth Amendment's Due Process Clause limits

    1. foreign governments
    2. private businesses
    3. the president only
    4. the states
    Show answer

    D. the states: The Fourteenth Amendment applies due process to state governments.

  24. A court that reviews decisions of lower courts for legal errors has

    1. appellate jurisdiction
    2. executive jurisdiction
    3. legislative jurisdiction
    4. original jurisdiction
    Show answer

    A. appellate jurisdiction: Appellate courts review lower-court decisions.

  25. In a plea bargain, a defendant typically

    1. appeals directly to the Supreme Court
    2. requests a second jury
    3. waives the right to vote
    4. pleads guilty to a lesser charge in exchange for a lighter sentence
    Show answer

    D. pleads guilty to a lesser charge in exchange for a lighter sentence: Most criminal cases are resolved through plea bargains.

  26. A court that hears a case for the first time has

    1. original jurisdiction
    2. concurrent sovereignty
    3. judicial immunity
    4. appellate jurisdiction
    Show answer

    A. original jurisdiction: Original jurisdiction is the authority to hear a case first.

  27. Use the scenario below to answer the question that follows.

    A defendant receives notice of the charges, a hearing before a neutral judge, and a chance to present evidence.

    Which principle of American government is best illustrated by the scenario?

    1. due process
    2. natural rights
    3. individual liberty
    4. popular sovereignty
    Show answer

    A. due process: This scenario illustrates due process: the requirement that government follow fair procedures before depriving a person of life, liberty, or property.

  28. What does due process of law require?

    1. Every law must be approved by voters.
    2. The government must follow fair procedures before taking a person's life, liberty, or property.
    3. Every criminal case must be decided by the Supreme Court.
    4. Government may act however it wishes in emergencies.
    Show answer

    B. The government must follow fair procedures before taking a person's life, liberty, or property.: The Fifth and Fourteenth Amendments forbid depriving any person of "life, liberty, or property, without due process of law."

  29. Which two amendments contain a Due Process Clause?

    1. The Fifth and Fourteenth Amendments
    2. The First and Second Amendments
    3. The Fourth and Eighth Amendments
    4. The Tenth and Thirteenth Amendments
    Show answer

    A. The Fifth and Fourteenth Amendments: The Fifth Amendment's clause limits the federal government; the Fourteenth Amendment's clause, added in 1868, limits the states.

  30. How does procedural due process differ from substantive due process?

    1. Procedural due process applies only to states; substantive due process applies only to the federal government.
    2. Procedural due process protects property; substantive due process protects only voting.
    3. There is no difference; the terms mean the same thing.
    4. Procedural due process concerns whether the government used fair procedures; substantive due process concerns whether the law itself unfairly limits fundamental rights.
    Show answer

    D. Procedural due process concerns whether the government used fair procedures; substantive due process concerns whether the law itself unfairly limits fundamental rights.: Procedural due process requires things like notice and a hearing. Substantive due process asks whether some liberties are so fundamental that government may not take them away even with fair procedures.

  31. A public university expels a student without telling the student what rule was broken or giving the student a chance to respond. Which principle is most likely violated?

    1. Federalism
    2. Procedural due process
    3. Popular sovereignty
    4. Separation of powers
    Show answer

    B. Procedural due process: At a minimum, due process usually requires notice of the charges and an opportunity to be heard before the government takes action against a person.

  32. A public school suspends a student for ten days without telling him the charges or letting him respond. Which constitutional principle is most at issue?

    1. Federalism
    2. Separation of powers
    3. Popular sovereignty
    4. Due process
    Show answer

    D. Due process: In Goss v. Lopez (1975), the Court held students facing suspension are entitled to notice and a chance to be heard.

  33. Which statement best defines "due process"?

    1. The requirement that government follow fair procedures and respect legal rights before taking a person's life, liberty, or property.
    2. The power of courts to declare laws or government actions unconstitutional.
    3. The principle that a government's just powers come from the agreement of the people it rules.
    4. Dividing government's authority among legislative, executive, and judicial branches.
    Show answer

    A. The requirement that government follow fair procedures and respect legal rights before taking a person's life, liberty, or property.: Due process: the requirement that government follow fair procedures and respect legal rights before taking a person's life, liberty, or property.

  34. Read the scenario: Before a public school expels a student, it must give notice of the charges and a chance to respond. Which principle of American government does it reflect?

    1. Direct democracy
    2. Separation of powers
    3. Due process
    4. Natural rights
    Show answer

    C. Due process: This situation illustrates due process.

  35. Which principle is best illustrated by this situation? A person accused of a crime is entitled to a fair hearing before an impartial judge.

    1. Federalism
    2. Due process
    3. Social contract
    4. Direct democracy
    Show answer

    B. Due process: This situation illustrates due process.

  36. The government must follow fair legal procedures before taking away a person's property. This is an example of which principle?

    1. Separation of powers
    2. Representative democracy
    3. Due process
    4. Natural rights
    Show answer

    C. Due process: This situation illustrates due process.

  37. Each of the following is an example of due process EXCEPT

    1. The government must follow fair legal procedures before taking away a person's property.
    2. A person accused of a crime is entitled to a fair hearing before an impartial judge.
    3. The Declaration of Independence says people are endowed with certain "unalienable Rights."
    4. Before a public school expels a student, it must give notice of the charges and a chance to respond.
    Show answer

    C. The Declaration of Independence says people are endowed with certain "unalienable Rights.": That situation illustrates natural rights, not due process.

Equality Under the Law (8)

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  1. Which statement best describes the principle of equality under the law?

    1. A system in which citizens vote on laws themselves rather than through representatives.
    2. A system in which citizens elect representatives to make laws on their behalf.
    3. The division of government power among legislative, executive, and judicial branches.
    4. The principle that laws apply equally to all people, without guaranteeing equal outcomes.
    Show answer

    D. The principle that laws apply equally to all people, without guaranteeing equal outcomes.: Equality under the law is the principle that laws apply equally to all people, without guaranteeing equal outcomes.

  2. Which of the following is the best example of equality under the law?

    1. A state cannot take away a driver's license without giving the driver notice and an opportunity to be heard.
    2. Voters approve a new state constitution in a statewide vote.
    3. Two people who commit the same crime under the same circumstances face the same legal penalties regardless of wealth.
    4. A person is free to criticize government leaders in a blog post without fear of arrest.
    Show answer

    C. Two people who commit the same crime under the same circumstances face the same legal penalties regardless of wealth.: Equality under the law is the principle that laws apply equally to all people, without guaranteeing equal outcomes.

  3. Which principle of American government is best described as the principle that laws apply equally to all people, without guaranteeing equal outcomes?

    1. direct democracy
    2. equality under the law
    3. natural rights
    4. federalism
    Show answer

    B. equality under the law: Equality under the law is the principle that laws apply equally to all people, without guaranteeing equal outcomes.

  4. Equality under the law guarantees

    1. that every person wins in court
    2. that all people own equal property
    3. that everyone earns the same income
    4. equal treatment by the law, but not equal outcomes
    Show answer

    D. equal treatment by the law, but not equal outcomes: Legal equality concerns treatment, not results.

  5. Which amendment first wrote the guarantee of 'equal protection of the laws' into the Constitution?

    1. First Amendment
    2. Tenth Amendment
    3. Nineteenth Amendment
    4. Fourteenth Amendment
    Show answer

    D. Fourteenth Amendment: The Fourteenth Amendment (1868) contains the Equal Protection Clause.

  6. Use the scenario below to answer the question that follows.

    Two people who commit the same crime under the same circumstances face the same legal penalties regardless of wealth.

    Which principle of American government is best illustrated by the scenario?

    1. individual liberty
    2. federalism
    3. separation of powers
    4. equality under the law
    Show answer

    D. equality under the law: This scenario illustrates equality under the law: the principle that laws apply equally to all people, without guaranteeing equal outcomes.

  7. Which phrase engraved above the entrance to the U.S. Supreme Court building expresses the principle of equality under the law?

    1. E Pluribus Unum
    2. Equal Justice Under Law
    3. In God We Trust
    4. Liberty and Justice for All
    Show answer

    B. Equal Justice Under Law: The phrase reflects equal application of the law.

  8. What does equality under the law mean?

    1. Every person must earn the same income.
    2. The law must be applied to all people in the same way, regardless of status.
    3. Every person must hold the same opinions.
    4. Wealthy people receive lighter punishments.
    Show answer

    B. The law must be applied to all people in the same way, regardless of status.: Equality under the law means that the same rules and protections apply to everyone. It does not mean equal outcomes.

Equal Protection (10)

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  1. Which statement best describes the Equal Protection Clause?

    1. Every citizen must receive the same income.
    2. The federal government must fund all schools equally.
    3. All states must have the same laws.
    4. States may not deny any person equal protection of the laws.
    Show answer

    D. States may not deny any person equal protection of the laws.: The clause bars states from arbitrary discrimination.

  2. Under the Equal Protection Clause, laws that classify people by race receive which level of review by courts?

    1. strict scrutiny
    2. rational basis review
    3. automatic approval
    4. no review
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    A. strict scrutiny: Racial classifications must serve a compelling interest and be narrowly tailored.

  3. Which landmark amendment's Equal Protection Clause was the basis for the decision in Brown v. Board of Education?

    1. Fifth Amendment
    2. Fourteenth Amendment
    3. Fifteenth Amendment
    4. First Amendment
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    B. Fourteenth Amendment: Brown applied the Fourteenth Amendment's Equal Protection Clause.

  4. A state law, with no justification, sets a higher fishing-license fee for women than for men. Which constitutional provision would most likely be used to challenge it?

    1. The Second Amendment
    2. The Full Faith and Credit Clause
    3. The Twenty-Seventh Amendment
    4. The Equal Protection Clause of the Fourteenth Amendment
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    D. The Equal Protection Clause of the Fourteenth Amendment: The Equal Protection Clause forbids a state to "deny to any person within its jurisdiction the equal protection of the laws." Sex-based classifications must be substantially justified.

  5. When a law classifies people by race, which standard do courts use to review it?

    1. Strict scrutiny
    2. Rational basis review
    3. Probable cause
    4. Clear and present danger
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    A. Strict scrutiny: Racial classifications are reviewed under strict scrutiny: the government must show a compelling interest and a narrowly tailored law.

  6. A state law sets a different speeding fine for drivers of one race. Which clause would most directly be used to challenge it?

    1. The Second Amendment
    2. Article I's Commerce Clause
    3. The Twenty-Second Amendment
    4. The Fourteenth Amendment's Equal Protection Clause
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    D. The Fourteenth Amendment's Equal Protection Clause: States may not deny any person the equal protection of the laws.

  7. Which term describes the guarantee that government will treat people in similar situations equally under the law?

    1. Jus soli
    2. Civic duty
    3. Due process
    4. Equal protection
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    D. Equal protection: Equal protection is the guarantee that government will treat people in similar situations equally under the law.

  8. Which statement best defines "equal protection"?

    1. The guarantee that government will treat people in similar situations equally under the law.
    2. Something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury.
    3. The House's formal accusation of wrongdoing against an official, which can lead to a Senate trial and removal.
    4. Powers shared by the national and state governments, such as taxing and borrowing.
    Show answer

    A. The guarantee that government will treat people in similar situations equally under the law.: Equal protection: the guarantee that government will treat people in similar situations equally under the law.

  9. Read the scenario: A court strikes down a state law that treated applicants differently because of their race. Which principle of American government does it reflect?

    1. Direct democracy
    2. Equal protection
    3. Individual liberty
    4. Due process
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    B. Equal protection: This situation illustrates equal protection.

  10. Which principle is best illustrated by this situation? A state must apply the same rules for issuing licenses to all similar applicants.

    1. Popular sovereignty
    2. Individual liberty
    3. Equal protection
    4. Representative democracy
    Show answer

    C. Equal protection: This situation illustrates equal protection.

The American Justice System and the Rights of the Accused (9)

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  1. In a criminal trial, which side has the burden of proof?

    1. The defendant must prove his or her innocence.
    2. The judge must prove the defendant's guilt.
    3. The jury must investigate the crime.
    4. The prosecution must prove the defendant guilty.
    Show answer

    D. The prosecution must prove the defendant guilty.: Because of the presumption of innocence, the government must prove guilt. The defendant does not have to prove anything.

  2. What standard of proof is required to convict a person of a crime?

    1. A preponderance of the evidence
    2. Probable cause
    3. Reasonable suspicion
    4. Beyond a reasonable doubt
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    D. Beyond a reasonable doubt: Criminal convictions require proof beyond a reasonable doubt, the highest standard. Civil cases usually use a preponderance of the evidence.

  3. After a jury finds a defendant not guilty, the prosecutor wants to try the same person again for the same crime. Which protection prevents this?

    1. The right to bear arms
    2. The ban on excessive bail
    3. The ban on double jeopardy
    4. The right to a civil jury trial
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    C. The ban on double jeopardy: The Fifth Amendment says no person shall "be subject for the same offence to be twice put in jeopardy of life or limb."

  4. What is the role of a grand jury in the federal system?

    1. Deciding whether a defendant is guilty at trial
    2. Hearing appeals from lower courts
    3. Setting the sentence after a conviction
    4. Deciding whether there is enough evidence to formally charge (indict) a person with a serious crime
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    D. Deciding whether there is enough evidence to formally charge (indict) a person with a serious crime: The Fifth Amendment requires a grand jury indictment for capital or otherwise infamous federal crimes. A separate trial (petit) jury decides guilt.

  5. The writ of habeas corpus protects a person from

    1. paying taxes without representation.
    2. having soldiers quartered in his or her home.
    3. being forced to join a religion.
    4. being held in custody without a lawful reason.
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    D. being held in custody without a lawful reason.: Habeas corpus requires officials to bring a prisoner before a judge and justify the detention. Article I says it may be suspended only in cases of rebellion or invasion.

  6. Which of the following is an example of a civil case rather than a criminal case?

    1. A state charges a person with burglary.
    2. A tenant sues a landlord for not returning a security deposit.
    3. The federal government prosecutes a person for tax fraud.
    4. A county prosecutes a driver for drunk driving.
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    B. A tenant sues a landlord for not returning a security deposit.: Civil cases are disputes between private parties (or with the government) over rights and money. Criminal cases are brought by the government to punish crimes.

  7. What is the purpose of the presumption of innocence?

    1. It allows police to search homes without warrants.
    2. It requires defendants to testify at trial.
    3. It ensures that an accused person is treated as innocent until the government proves guilt.
    4. It lets judges skip a trial when evidence is strong.
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    C. It ensures that an accused person is treated as innocent until the government proves guilt.: The presumption of innocence places the burden of proof on the government and protects people from punishment without proof.

  8. Which term describes the principle that an accused person is considered innocent until proven guilty?

    1. Civic duty
    2. Majority rule with minority rights
    3. Due process
    4. Presumption of innocence
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    D. Presumption of innocence: Presumption of innocence is the principle that an accused person is considered innocent until proven guilty.

  9. Which statement best defines "presumption of innocence"?

    1. The principle that an accused person is considered innocent until proven guilty.
    2. A system that lets each branch limit the actions of the other branches.
    3. The election in which voters choose among the candidates of different parties for an office.
    4. The principle that everyone, including government officials, must obey the law.
    Show answer

    A. The principle that an accused person is considered innocent until proven guilty.: Presumption of innocence: the principle that an accused person is considered innocent until proven guilty.

Limits on Rights (3)

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  1. Which type of speech is NOT protected by the First Amendment?

    1. Criticism of the president
    2. A peaceful protest on a public sidewalk
    3. A true threat of violence against a specific person
    4. Burning an American flag as a political protest
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    C. A true threat of violence against a specific person: Rights have limits. True threats, incitement to imminent lawless action, and defamation are not protected. Flag burning as protest is protected under Texas v. Johnson (1989).

  2. A city requires groups to get a permit before holding a parade on Main Street, and it grants permits to any group regardless of its message. This is an example of

    1. prior restraint based on viewpoint.
    2. an establishment of religion.
    3. a reasonable time, place, and manner restriction.
    4. a bill of attainder.
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    C. a reasonable time, place, and manner restriction.: Government may regulate when, where, and how speech occurs if the rules are content-neutral and leave open other ways to communicate.

  3. Which example shows that constitutional rights have limits?

    1. A person can be punished for making a true threat of violence
    2. A person can criticize the president
    3. A person can join a political party
    4. A person can attend any church
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    A. A person can be punished for making a true threat of violence: True threats are not protected speech; rights can be limited to protect others.

Schenck v. United States (1919) (1)

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  1. Schenck v. United States (1919) is often used to show that

    1. constitutional rights, including free speech, are not absolute.
    2. the president can never be sued.
    3. states must provide lawyers to poor defendants.
    4. segregation in public schools is unconstitutional.
    Show answer

    A. constitutional rights, including free speech, are not absolute.: The Court upheld Schenck's conviction for urging resistance to the draft, reasoning that speech creating a "clear and present danger" may be punished.

Citizenship: Rights, Responsibilities, and Obligations (15)

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  1. Under the Fourteenth Amendment, who is a citizen of the United States?

    1. All persons born or naturalized in the United States and subject to its jurisdiction
    2. Only persons whose parents were both citizens
    3. Only persons who own property
    4. Only persons who have served in the military
    Show answer

    A. All persons born or naturalized in the United States and subject to its jurisdiction: The Citizenship Clause (1868) made citizenship a constitutional right of birth or naturalization, overturning Dred Scott v. Sandford.

  2. What is naturalization?

    1. The process of registering to vote
    2. The legal process by which an immigrant becomes a U.S. citizen
    3. The process of moving from one state to another
    4. The process of electing senators
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    B. The legal process by which an immigrant becomes a U.S. citizen: Article I gives Congress the power to establish a uniform rule of naturalization. Applicants must meet residency requirements and pass English and civics tests.

  3. Which of the following is a legal duty of U.S. citizens, rather than a voluntary responsibility?

    1. Serving on a jury when summoned
    2. Voting in every election
    3. Joining a political party
    4. Volunteering for a campaign
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    A. Serving on a jury when summoned: Citizens are legally required to obey laws, pay taxes, and serve on juries when called. Voting and volunteering are important but voluntary.

  4. Which of the following is a voluntary civic responsibility rather than a legal duty?

    1. Voting in elections
    2. Paying taxes
    3. Obeying federal and state laws
    4. Appearing in court when subpoenaed
    Show answer

    A. Voting in elections: No law requires Americans to vote, but voting is a key civic responsibility in a republic.

  5. Which of the following is generally required to become a naturalized U.S. citizen?

    1. Passing a test of English and of U.S. history and government
    2. Owning land in the United States
    3. Being born in a U.S. territory
    4. Serving at least four years in the military
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    A. Passing a test of English and of U.S. history and government: Naturalization applicants generally must be lawful permanent residents for a period of years, show good moral character, and pass English and civics tests.

  6. Which right is reserved to U.S. citizens and is not available to lawful permanent residents?

    1. Freedom of speech
    2. Voting in federal elections
    3. Due process of law
    4. Freedom of religion
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    B. Voting in federal elections: Most constitutional rights protect all "persons." Voting in federal elections is limited by federal law to citizens.

  7. Under the Fourteenth Amendment, a person born in the United States and subject to its jurisdiction is

    1. a citizen only after age 18
    2. a citizen only after passing a test
    3. a permanent resident but not a citizen
    4. a citizen of the United States and of the state where they reside
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    D. a citizen of the United States and of the state where they reside: The Citizenship Clause makes persons born or naturalized in the U.S. citizens.

  8. Which term describes the legal process by which an immigrant becomes a U.S. citizen?

    1. Due process
    2. Naturalization
    3. Jus soli
    4. Presumption of innocence
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    B. Naturalization: Naturalization is the legal process by which an immigrant becomes a U.S. citizen.

  9. Which statement best defines "naturalization"?

    1. An election in which voters choose a party's candidates for the general election.
    2. The legal process by which an immigrant becomes a U.S. citizen.
    3. A system that lets each branch limit the actions of the other branches.
    4. An agreement in which people consent to form a government and accept its authority in exchange for protection of their rights.
    Show answer

    B. The legal process by which an immigrant becomes a U.S. citizen.: Naturalization: the legal process by which an immigrant becomes a U.S. citizen.

  10. Which term describes citizenship based on being born on a country's soil?

    1. Civic responsibility
    2. Jus soli
    3. Majority rule with minority rights
    4. Civic duty
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    B. Jus soli: Jus soli is citizenship based on being born on a country's soil.

  11. Which statement best defines "jus soli"?

    1. The legal process by which an immigrant becomes a U.S. citizen.
    2. Redistributing the 435 House seats among the states after each census.
    3. Rights such as life, liberty, and property that people have simply because they are human, not because government grants them.
    4. Citizenship based on being born on a country's soil.
    Show answer

    D. Citizenship based on being born on a country's soil.: Jus soli: citizenship based on being born on a country's soil.

  12. Which term describes something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury?

    1. Equal protection
    2. Jus soli
    3. Presumption of innocence
    4. Civic duty
    Show answer

    D. Civic duty: Civic duty is something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury.

  13. Which statement best defines "civic duty"?

    1. An organization that raises and contributes money to candidates, subject to contribution limits.
    2. Something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury.
    3. The idea that the people are the ultimate source of the government's authority.
    4. An agreement in which people consent to form a government and accept its authority in exchange for protection of their rights.
    Show answer

    B. Something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury.: Civic duty: something a citizen is required by law to do, such as obeying laws, paying taxes, or serving on a jury.

  14. Which term describes something a good citizen should do voluntarily, such as voting or volunteering in the community?

    1. Majority rule with minority rights
    2. Naturalization
    3. Equal protection
    4. Civic responsibility
    Show answer

    D. Civic responsibility: Civic responsibility is something a good citizen should do voluntarily, such as voting or volunteering in the community.

  15. Which statement best defines "civic responsibility"?

    1. The House's formal accusation of wrongdoing against an official, which can lead to a Senate trial and removal.
    2. Something a good citizen should do voluntarily, such as voting or volunteering in the community.
    3. The legal process by which an immigrant becomes a U.S. citizen.
    4. A system in which citizens elect officials to make laws and decisions on their behalf.
    Show answer

    B. Something a good citizen should do voluntarily, such as voting or volunteering in the community.: Civic responsibility: something a good citizen should do voluntarily, such as voting or volunteering in the community.