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Question 1.1. When the Court decides a case, it bases its decision on (Points : 1)

      [removed] the preferences of the majority of justices.
      [removed] past precedent.
      [removed] the prevailing public opinion.
      [removed] what it thinks that Congress wants to hear.

 

Question 2.2. Judges who practice what their critics call “judicial activism” argue that judges (Points : 1)

      [removed] have a responsibility to protect individual rights and liberties.
      [removed] have a responsibility to be anti-majoritarian because democracy is not always a good thing.
      [removed] should ask what was the intent of the framers of the Bill of Rights when they framed our civil liberties.
      [removed] are all powerful and their judgment is superior to the judgment of the people.

 

Question 3.3. Those who argue that judges should practice judicial restraint maintain that judges should (Points : 1)

      [removed] overturn the will of the majority if they believe the majority to be wrong.
      [removed] allow democratic majorities to tyrannize minorities because they did so through their democratically elected legislators.
      [removed] simply interpret the law and not make it.
      [removed] never overturn precedent.

 

Question 4.4. Originalists often hold that it is incorrect to use the Equal Protection Clause of the Fourteenth Amendment to strike down laws that discriminate because (Points : 1)

      [removed] it runs contrary to the 10th Amendment.
      [removed] laws that discriminate must be said to reflect the will of the majority.
      [removed] it was not intended to protect people against discrimination.
      [removed] it was only intended to protect the rights of newly freed slaves and no others.

 

Question 5.5. The trajectory of cases from Marbury v. Madison demonstrate that the Supreme Court (Points : 1)

      [removed] had to stay within the confines of public opinion.
      [removed] always had supreme authority.
      [removed] was afraid of the states.
      [removed] needed to manage public relations.

 

Question 6.6. The Privileges and Immunities Clause of the Fourteenth Amendment means (Points : 1)

      [removed] citizens of the United States may travel across state lines without documentation.
      [removed] states must all have the exact same laws as each other.
      [removed] that if one state recognizes gay marriage all states must recognize gay marriage.
      [removed] that whatever recognized rights one has as a citizen must be recognized by all states.

 

Question 7.7. The reason why the Supreme Court came around to upholding that states had an obligation to provide attorneys to those who could not afford them was (Points : 1)

      [removed] attorneys were charging additional costs to poor defendants.
      [removed] to provide a fair advantage to defendants.
      [removed] it was something that other countries did.
      [removed] to encourage defendants to plea bargain.

 

Question 8.8. In Texas v. Johnson, the Supreme Court ruled that burning the American flag was constitutionally protected speech because (Points : 1)

      [removed] burning the flag did not present a clear and present danger.
      [removed] the First Amendment is absolute and unlimited.
      [removed] it is symbolic speech protected by the First Amendment.
      [removed] most people no longer salute the flag.

 

Question 9.9. If Susan and John apply for the same job and John is hired because of his gender, under the meaning of Equal Treatment, Susan (Points : 1)

      [removed] cannot claim discrimination if John was afforded equal privileges.
      [removed] can claim discrimination because she is a woman.
      [removed] can claim discrimination because John may be white.
      [removed] cannot claim discrimination because only one person can be hired.

Question 10.10. Government entitlements or vouchers would most likely fall under the general category of (Points : 1)

      [removed] negative rights.
      [removed] positive rights.
      [removed] an effort to provide all accused of a crime legal counsel.
      [removed] a government-erected obstacle to an individual’s rights.

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