Question 1.1. When the Court decides a case, it bases its decision on (Points : 1)
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[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.
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Question 2.2. Judges who practice what their critics call “judicial activism” argue that judges (Points : 1)
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[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.
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Question 3.3. Those who argue that judges should practice judicial restraint maintain that judges should (Points : 1)
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[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.
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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)
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[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.
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Question 5.5. The trajectory of cases from Marbury v. Madison demonstrate that the Supreme Court (Points : 1)
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[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.
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Question 6.6. The Privileges and Immunities Clause of the Fourteenth Amendment means (Points : 1)
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[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.
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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)
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[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.
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Question 8.8. In Texas v. Johnson, the Supreme Court ruled that burning the American flag was constitutionally protected speech because (Points : 1)
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[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.
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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)
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[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.
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Question 10.10. Government entitlements or vouchers would most likely fall under the general category of (Points : 1)
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[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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