AP US Government Unit 3 Practice Test: Civil Liberties & Civil Rights

Below is our AP US Government unit 3 practice test. This unit considers freedoms guaranteed by the Bill of Rights. Also included are the process of amending the Constitution, social movements, balancing individual freedoms with social order, and balancing minority and majority rights.

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Question 1

Questions 1–3 refer to the passage below:

The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution.
. . .
We argue that the public’s increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual.

Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014.
 

The editorial above implies that capital punishment is a violation of which Constitutional amendment?

A
Fifth
B
Sixth
C
Tenth
D
Eighth
Question 1 Explanation: 
The correct answer is (D). The Eighth Amendment prohibits cruel and unusual punishment. The Fifth Amendment protects against self-incrimination. The Sixth Amendment involves rights of accused persons in criminal cases. The Tenth Amendment allows states to have reserved rights if the Constitution does not prohibit the right.
Question 2
The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution.
. . .
We argue that the public’s increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual.

Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014.
 

Which amendment could be used to counter the editorial?

A
First
B
Second
C
Ninth
D
Tenth
Question 2 Explanation: 
The correct answer is (D). The Tenth Amendment covers rights of the states. Typically, most law enforcement powers have been left to the states. In this case, Wood was arrested, tried, convicted, and sentenced to death by the State of Arizona.

The First Amendment includes freedoms of religion, speech, and the press and the rights to peaceably assemble and to petition the government for a redress of grievances. The Second Amendment is the right to bear arms. The Ninth Amendment covers the rights of the people which are not specified in the Constitution.
Question 3
The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution.
. . .
We argue that the public’s increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual.

Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014.
 

If the Supreme Court overturned Arizona’s capital punishment law, then which of the following is the most likely outcome?

A
The state of Arizona would no longer be able to apply the death penalty, in any form, to future cases
B
All of Arizona’s inmates facing lethal injection would be set free
C
A moratorium on lethal injections would take place
D
All inmates facing lethal injection in any state would have their sentences commuted or would be set free depending on the state
Question 3 Explanation: 
The correct answer is (C). If the court overturned the Arizona law, then the convictions would be upheld; only the method of execution would be changed. Therefore, (B) is incorrect. Answer (D) is plausible, but it is incorrect because the Supreme Court is only ruling on the Arizona law. Answer (A) is not correct because the state can propose a different method of execution.
Question 4

Which of the following Acts bans discrimination in public places?

A
Civil Rights Act of 1957
B
Civil Rights Act of 1960
C
Civil Rights Act of 1964
D
Civil Rights Act of 1968
Question 4 Explanation: 
The correct answer is (C). The Civil Rights Act of 1964 is a landmark piece of legislation in the United States that bans discrimination based on race, color, religion, sex, or national origin. It also specifically prohibits discrimination in public places, such as schools, workplaces, and facilities that serve the public, making it the most comprehensive of the acts listed to address these issues.
Question 5

De facto segregation is

A
Racial segregation that occurs because it is written into law, policy, or government procedures
B
Racial segregation that results not because of explicit law, policy, or procedures but from patterns of behavior that have the effect of segregating people by races
C
Racial segregation that is a result of an order by the Supreme Court
D
Racial segregation that is a result of an executive order
Question 5 Explanation: 
The correct answer is (B). Racial segregation is legally understood to be either de jure—resulting from the actions of the state—or de facto—occurring through natural preference or happenstance.
Question 6

Questions 6–7 refer to the chart of voter participation rates below:

  1965 2004
  White Black Gap White Black Gap
Alabama 69.2 19.3 49.9 73.8 72.9 0.9
Georgia 62.6 27.4 35.2 63.5 64.2 -0.7
Louisiana 80.5 31.6 48.9 75.1 71.1 4.0
Mississippi 69.9 6.7 63.2 72.3 76.1 -3.8
S.Carolina 75.7 37.3 38.4 74.4 71.1 3.3
Virginia 61.1 38.3 22.8 68.2 57.4 10.8

Based on the table above, which of the listed states made the most progress in decreasing the voting gap between blacks and whites from 1965 until 2004?

A
Alabama
B
Louisiana
C
South Carolina
D
Virginia
Question 6 Explanation: 
The correct answer is (A). Of the four states in the question, Alabama went from the greatest gap to the smallest gap.
Question 7
  1965 2004
  White Black Gap White Black Gap
Alabama 69.2 19.3 49.9 73.8 72.9 0.9
Georgia 62.6 27.4 35.2 63.5 64.2 -0.7
Louisiana 80.5 31.6 48.9 75.1 71.1 4.0
Mississippi 69.9 6.7 63.2 72.3 76.1 -3.8
S.Carolina 75.7 37.3 38.4 74.4 71.1 3.3
Virginia 61.1 38.3 22.8 68.2 57.4 10.8

Which of the following is the most likely cause of this reduction in the voting gap?

A
Brown v. The Board of Education
B
Shaw v. Reno
C
Title IX
D
The Voting Rights Act of 1965
Question 7 Explanation: 
The correct answer is (D). The Voting Rights Act of 1965 reduced legal barriers at the state and local levels that prevented African Americans from exercising their right to vote.
Question 8

While ________ involve limits on government action regarding individual freedom, ________ involve protection from discrimination or access to government.

A
civil rights; civil liberties
B
civil rights; affirmative action policies
C
due process rights; civil liberties
D
civil liberties; civil rights
Question 8 Explanation: 
The correct answer is (D). Civil liberties refer to the fundamental rights and freedoms that are guaranteed to individuals by law. These rights protect individuals from government actions and ensure their autonomy and freedom.

Civil rights, on the other hand, are protections and guarantees against discrimination and unequal treatment based on certain characteristics such as race, ethnicity, gender, religion, disability, or sexual orientation. Civil rights ensure that all individuals are treated equally under the law and have access to opportunities and resources without discrimination.
Question 9

Which of the following is a provision of the 14th Amendment?

A
It outlawed slavery
B
It required states and the federal government to not deny equal protection of the laws to any citizen
C
It gave women the right to vote in federal elections
D
It gave both former slaves and women the right to vote
Question 9 Explanation: 
The correct answer is (B). The Fourteenth Amendment grants citizenship to anyone born or naturalized in the United States, ensuring equality before the law. The amendment's due process clause mandates fair legal procedures and protects individuals' life, liberty, and property from arbitrary deprivation by the government. Additionally, its equal protection clause requires states to treat all citizens equally under the law, prohibiting discrimination based on race, ethnicity, gender, or other characteristics.
Question 10

Which of the following activities could be prohibited by law based on New York Times Co. v. United States (1971)?

A
Someone yells “Fire!” in a crowded theater
B
A newspaper editor criticizes the president of the United States
C
A student threatens to criticize a teacher in the school newspaper
D
A blogger announces she will publish classified information on a government surveillance program
Question 10 Explanation: 
The correct answer is (D). In the New York Times case, the Supreme Court ruled that the Unites States government could exercise “prior restraint” and prevent the newspaper from printing classified documents that would pose a threat to the safety of Americans.

Answer (A) is associated with Schenk v. United States (1919). Other court cases have ruled that the First Amendment’s freedom of the press allows journalists to criticize government officials, which rules out answer (B). The court, however, does not extend that right to student journalists because school newspapers are owned by the school and may, therefore, be censored by the school. Thus, answer (C) may be eliminated.
Question 11

The police arrest a suspect who then immediately confesses to the crime before he is read his rights. The admission of guilt is

A
admissible in court under Gideon v. Wainwright (1962)
B
not admissible in court under Gideon v. Wainwright (1962)
C
admissible in court under Miranda v. Arizona (1965)
D
not admissible in court under Miranda v. Arizona (1965)
Question 11 Explanation: 
The correct answer is (C). The Miranda rights, including the right to remain silent, must be read to suspects before questioning, but if a suspect blurts out a confession before the police have opportunity to read him those rights, then the admission is admissible in court. Gideon v. Wainwright is concerned with the right to counsel for people accused of a crime who cannot afford an attorney.
Question 12

The police knock on Marvin’s door to ask him a few questions about a man next door who has been accused of domestic violence. Marvin answers the door. The police see a lit marijuana cigarette and a bag of marijuana inside the house. They then walk in to seize the drugs and notice the house is full of electronics that were recently reported stolen. Which of the following is true?

A
Both the marijuana and electronics are subject to the exclusionary rule
B
Neither the marijuana nor the electronics are subject to the exclusionary rule
C
The marijuana is subject to the exclusionary rule, but the electronics are not
D
The electronics are subject to the exclusionary rule, but the marijuana is not
Question 12 Explanation: 
The correct answer is (B). The exclusionary rule says evidence illegally obtained must be excluded at trial. Because the marijuana was sitting in plain sight, a warrant is not needed to enter the house and seize it. Therefore, answers (A) and (C) may be eliminated. The seizure of the marijuana led to the discovery of the electronics, which were also sitting in the open. Therefore, the electronics are also not subject to the exclusionary rule. Thus, answer (D) may be eliminated.

If the electronics would have been behind a closed door, then most likely the electronics would have been subject to the exclusionary rule, but being out in the open, they fall under the “plain sight exception” to the exclusionary rule. Marvin could have avoided all these problems by not breaking the law or by not answering the door.
Question 13

Which of the following is a correct understanding of Martin Luther King, Jr.’s “Letter from a Birmingham Jail”?

A
It condoned the breaking of unjust laws
B
It encouraged his followers to violently protest
C
It encouraged people to let the courts settle segregation matters
D
It set the events into motion that led to Brown v. Board of Education (1954)
Question 13 Explanation: 
The correct answer is (A). Dr. King wrote that people who break unjust laws obey a higher law, which he implied was God’s law. He opposed violent protest (B), and he encouraged other ministers to get involved indirect action and not wait for the courts to settle matters (C). He wrote the letter in 1963, so answer (D) cannot possibly be correct.
Question 14

The Supreme Court has ruled that the use of affirmative action in college admissions is

A
Unconstitutional
B
Constitutional only if more diversity is needed on a college campus
C
Unconstitutional except when applied to foreign students
D
Constitutional except for targeted racial quotas
Question 14 Explanation: 
The correct answer is (A). With the 2023 decisions in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions v. Harvard, the Supreme Court ruled that the use of race-based affirmative action in college admissions is unconstitutional.

The Court found that the admissions programs at Harvard College and the University of North Carolina violate the equal protection clause of the 14th Amendment. These decisions overturned previous precedents that allowed race to be considered as one factor among others in a holistic admissions process to enhance diversity.
Question 15

The Supreme Court has ruled that same-sex marriage is constitutional under

A
The Free Exercise Clause of the First Amendment
B
The rights of the people under the Ninth Amendment
C
The Equal Protection Clause of the Fourteenth Amendment
D
The Equal Rights Amendment to the Constitution
Question 15 Explanation: 
The correct answer is (C). The Equal Protection Clause of the Fourteenth Amendment says that all people must be treated equally by the federal and state governments. The Free Exercise Clause (A) is the free exercise of religion, not the right to marry. The Equal Rights Amendment (D) was never ratified and involved sexual equality, not equality for people who identify as LGBTQ. The Ninth Amendment (B) is plausible, but the Supreme Court did not rule on that basis.
Question 16

The Free Exercise clause is most closely associated with

A
Engel v. Vitale (1962)
B
Schenck v. United States (1919)
C
Tinker v. Des Moines Independent Community School District (1969)
D
Wisconsin v. Yoder (1972)
Question 16 Explanation: 
The correct answer is (D). In Wisconsin v. Yoder, the Supreme Court ruled the compulsory education laws that required children to attend school beyond the eighth grade violated the Amish’s free exercise of their religious beliefs.
Question 17

Which of the following amendments was incorporated in McDonald v. Chicago?

A
Second
B
Tenth
C
Fourteenth
D
Twenty-Seventh
Question 17 Explanation: 
The correct answer is (A). In McDonald v. Chicago (2010), the Supreme Court ruled that the Second Amendment, which guarantees an individual's right to keep and bear arms, applies to the states through the Fourteenth Amendment's Due Process Clause. This decision incorporated the Second Amendment, meaning that states are required to uphold this right just as the federal government must.
Question 18

Questions 18–19 refer to the political cartoon below:

The civil liberty referenced in this cartoon is found in which amendment to the Constitution?

A
First
B
Third
C
Fourth
D
Seventh
Question 18 Explanation: 
The correct answer is (C). The Fourth Amendment provides for protection against unreasonable search and seizure.

The First Amendment includes freedoms of religion, speech, and the press and the rights to peaceably assemble and to petition the government for a redress of grievances. The Third Amendment prohibits the quartering of soldiers. The Seventh Amendment protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
Question 19

Which of the following policies would a civil libertarian most likely support?

A
A ban on hate speech
B
A constitutional amendment to criminalize marijuana
C
Legalization of physician-assisted suicide
D
Legalization of enhanced interrogation techniques
Question 19 Explanation: 
The correct answer is (C). Civil libertarianism is a political philosophy which emphasizes the supremacy of individual rights and personal freedoms over the authority of the state. It emphasizes civil liberties and civil rights. Proponents typically support free speech, drug legalization, marriage equality, and physician-assisted suicide. They oppose government spying and any type of interrogation that could be considered torture.
Question 20

Policies that extend basic rights to citizens to ensure access to public goods are

A
Civil liberties
B
Civil disobedience
C
Civil rights
D
Civil discourse
Question 20 Explanation: 
The correct answer is (C). Civil rights are personal rights which are guaranteed and protected by the Constitution and federal laws. These laws include the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Civil rights also include protection from unlawful discrimination.
Question 21

What is the “public figure standard” with respect to the freedom of speech?

A
Public figures have a right to speak about politics and must be considered experts on the subject in which they speak
B
A person can make slanderous statements about relatively unknown people, but not famous people
C
A public figure has enough money to defend himself/herself in court while an unknown person does not have that luxury
D
A public figure must prove a statement was made with actual malice to be successful in a civil suit of defamation
Question 21 Explanation: 
The correct answer is (D). Public figures voluntarily put themselves in the public eye, which sets a higher bar for defamation. To win a defamation case against a public figure, the plaintiff must prove that the defendant made a false statement with "actual malice." This means that the defendant either knew that their information was false or acted with reckless disregard to whether it was true or not.
Question 22

Which of the following rights is mentioned in the 14th Amendment?

A
Equal Protection
B
Unenumerated Rights
C
Federalism
D
Grand jury
Question 22 Explanation: 
The correct answer is (A). The 14th Amendment to the U.S. Constitution specifically includes the Equal Protection Clause, which requires states to provide equal protection under the law to all persons within their jurisdictions. This clause is a fundamental part of the amendment and has been used extensively in civil rights litigation to challenge discriminatory practices and policies.
Question 23

Questions 23–24 refer to the chart below:

Which of the following statements is true based on the data above?

A
Native American enrollment in charter schools and traditional public schools is declining
B
Out of all the groups depicted, Asians in charter schools showed the least amount of change
C
Minnesota’s charter schools enroll more students of color than traditional public schools do
D
Black, Hispanic, and white students were more likely to attend segregated charter schools in 2010–11 than they were in 2000–01
Question 23 Explanation: 
The correct answer is (D). The bar graph does not show total enrollment in school, so answers (A) and (C) are not relevant. Segregation for Asian charter school students declined by 3 percent, but segregation for Hispanic traditional public school students declined by 2 percent, so answer (B) is incorrect.
Question 24

Which of the following is the most logical conclusion based on the graph above?

A
Charter schools are more likely than public schools to enroll students of a single race
B
Charter schools are less likely than public schools to bus students for racial integration
C
Public schools are making a greater effort to integrate students than charter schools are
D
As Native Americans assimilate into white society, they are less likely to attend segregated schools
Question 24 Explanation: 
The correct answer is (A), since this is the only choice that can be explicitly demonstrated by the graph. The other answer choices are plausible, but they cannot be derived from the data in the graph.
Question 25

Burning the American flag is an example of what type of speech?

A
Slander
B
Hate speech
C
Symbolic speech
D
Clear and present danger
Question 25 Explanation: 
The correct answer is (C). Burning the American flag is considered a form of symbolic speech. Symbolic speech involves conveying a message or expressing an idea through nonverbal actions or symbols rather than through spoken or written words. It's a protected form of expression under the First Amendment.
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