U.S. Government
Summer School Final Exam
I
Multiple Choice
Use the chart and your knowledge of social studies to answer questions 1 and 2.
Source: Magruder’s American Government, Prentice-Hall.
1
Which country’s form of
government is most similar to that
of the United States?
A
Botswana
B
France
C
Syria
D
Brazil
2
1
In which country can the executive
branch be forced from office for
failing to win the legislature’s
support on a major issue?
A
The United States
B
Brazil
C
Costa Rica
D
France
Teacher
Copy
Use the excerpt and your knowledge
of social studies to answer the
following question.
Use the excerpt and your knowledge
of social studies to answer the
following question.
“It is emphatically the province and duty
of the judicial department to say what
the law is. Those who apply the rule to
particular cases, must of necessity
expound and interpret that rule. If two
laws conflict with each other, the courts
must decide on the operation of each.”
Tenth Amendment
The powers not delegated to the
United States by the Constitution,
nor prohibited by it to the states,
are reserved to the states
respectively, or to the people.
- Chief Justice John Marshall
Marbury v. Madison, 1803
3
Which of the following principles
of democracy does the Tenth
Amendment support?
A
Checks and balances
B
Federalism
C
Popular sovereignty
D
Separation of powers
4
2
The Supreme Court’s decision in
Marbury v. Madison –
A
enabled William Marbury
to become a justice of the
peace
B
stripped the President of
his power to appoint
federal judges
C
established the Supreme
Court’s power of judicial
review
D
kept the Supreme Court
weaker than the other two
branches of government
5
With the words, “We the People,”
the Constitution establishes its
authority on the basis of –
A
popular sovereignty
B
the rule of law
C
the separation of powers
D
6
7
8
John Locke would most likely
agree that –
A
the state developed out of
force
B
those of royal birth should
rule the state
C
the state exists to serve the
will of the people
D
government should be
eliminated
limited government
The assertion that popular
sovereignty must be a basis for
democracy relies on the belief that
supreme authority belongs to the –
9
A
states
The largest source of revenue for
the United States government
comes from -
B
people
A
state taxes
C
elite
B
excise taxes
D
rulers
C
customs duties
D
income taxes
The theory underlying modern
democracies was developed to
challenge the previous idea that –
A
10
those of royal birth have
absolute authority to rule
A key feature of a free enterprise
system is –
A
emphasis on private
ownership, competition,
and profit
B
the people as a whole are the
sole source of political power
B
C
the head of a family, clan, or
tribe has the natural right to
govern
government ownership of
public utilities
C
the strongest person or group
has the right to control others
by force
the belief that government
regulation benefits the
economy
D
complete economic equality
in capitalist societies
D
3
11
The basic purpose of the first ten
amendments to the United States
Constitution is to –
A
B
12
13
describe the powers of the
three branches of government
limit the powers of the state
governments
C
guarantee the rights of
individuals
D
establish a system of checks
and balances
14
When there is a separation of
powers –
A
power is divided between the
National Government and the
States
B
the people grant the States
the authority to govern
C
the basic powers of
government are held by a
single agency
D
power is distributed among
three independent branches
of government
4
The President’s power to veto an
act of Congress is an example of –
A
executive agreement
B
judicial review
C
checks and balances
D
limited government
Which of the following is not
specifically protected in the Bill of
Rights?
A
right to trial by jury
B
freedom of the press
C
right to privacy
D
right to legal counsel
Use the graphic and your knowledge of social studies to answer the following
question.
The Great Compromise
15
The Great Compromise settled the dispute over –
A
how slaves would be counted in state population
B
how small and large states would be represented in Congress
C
the addition of a Bill of Rights to the new Constitution
D
whether the United States would have a federal or confederal system
5
Use the poster and your knowledge of social studies to answer the following
question.
16
Protests like the one illustrated in the poster above represented A
demands to repeal the provisions of the 14th Amendment
B
efforts to secure rights protected by the 15th Amendment
C
attempt to protect state practices such as the poll tax
D
willingness to preserve the status quo
6
Use the excerpt and your knowledge
of social studies to answer the
following question.
Use the excerpt and your knowledge
of social studies to answer the
following question.
“Were it left to me to decide whether we
should have a government without
newspapers, or newspapers without a
government, I should not hesitate a
moment to prefer the latter.”
“Liberty is to faction what air is to fire,
an ailment without which it instantly
expires. But it could not be less folly to
abolish liberty, which is essential to
political life, because it nourishes
faction, than it would be to wish the
annihilation of air, which is essential to
animal life…””
-Thomas Jefferson
17
-James Madison, Federalist No. 10
With which statement would
Thomas Jefferson most likely
agree?
18
A
Newspapers are unreliable
sources of information.
From the passage, it can be
inferred that Madison believed A
that ratification of the
Constitution would endanger
political freedom.
B
A free press is an essential
feature of a democratic
society.
B
C
Americans do not read
newspapers enough to be
educated about current
events.
political parties must be
eliminated if liberty is to
survive.
C
Newspapers are decreasing in
importance as a news source
in modern American society.
political division and
dissent are inherent to
democratic societies.
D
that political parties have no
place in American
democracy.
D
7
Use the diagram and your knowledge of social studies to answer questions 19
and 20.
Source: Magruder’s American Government, Prentice-Hall.
19
Based on this diagram, which
of the following is the basic
characteristic of federalism?
20
Which of the following is an
example of a concurrent
power?
It divides power
between a National
Government and State
governments.
A
Coining money
B
Establishing public
schools
B
It gives most power to the
National Government.
C
Passing license
requirements for
professionals
C
It gives most power to
local units of government.
D
Levying and collecting
taxes
A
D
It encourages citizen
participation in
government.
8
21
The two-party system
developed in the United States
mainly because –
A
B
22
23
the Constitution
established a democratic
government
conflicts about the
Constitution created
opposing viewpoints
C
leaders and voters agreed
on the existence of two
parties
D
it was voted on and
approved by both houses
of Congress
24
Minor parties have contributed
most to United States politics
by –
A
causing major parties to
adopt their ideas
B
providing more
candidates from which
voters can choose
C
placing their presidential
candidates on the ballot
D
establishing political
precedents
25
9
Which statement about the Senate is
true?
A
It has two members from each
state.
B
Its members are currently chosen
by state legislatures.
C
Each member represents one
congressional district.
D
Seats are apportioned among the
states according to their
populations.
Reserved powers belong to the A
national government
B
states
C
Congress
D
President
The Framers of the Constitution
favored bicameralism because –
A
two houses could block the acts
of a single President
B
it allowed for fair and equal
representation of the states at
the national level
C
Great Britain had only one house
of Parliament
D
one house would spend more
money than two
Use the information in the box and
your knowledge of social studies to
answer the following question.
Use the information in the text and
your knowledge of social studies to
answer the following question.
“My belief was that it was not only [a
President‟s] right but his duty to do
anything that the needs of the Nation
demanded unless such action was
forbidden by the Constitution or by the
laws...I did not usurp power, but I did
greatly broaden the use of executive
power.”
“We have to make people a little more
sophisticated about video images…News and
entertainment are, essentially, a battle over the
definition of the world. You’ve got various
sources in public relations, and interest groups
and political organizations are always
maneuvering to have a reporter write this or
that, and we don’t know, for examples, why
this person is on this television show. One of
the things I tell my students is to interrogate
the newspaper, interrogate the television
show.”
- Theodore Roosevelt, An
Autobiography, 1913
26
Theodore Roosevelt believed that
the President should A
be a strict constructionist of
the Constitution
B
exercise powers that are
limited only to the
Constitution or passed by an
act of Congress
C
act in secrecy to evade or
deceive Congress
D
be assertive and take policy
matters into his own hands
-Joseph Turow, Professor at
Annenberg School of
Communications
27
10
With which statement would the
speaker above likely agree?
A
Always accept mass
media at face value
B
Question messages on
television and the
internet
C
Protest the use of
electronic information
D
Limit yourself to one
news source
28
29
According to the Constitution, who
has the sole power to impeach the
President?
A
The Vice President
B
The House of
Representatives
C
The Supreme Court
D
State courts
30
For what purpose does the
Constitution give Congress the
power to regulate bankruptcy?
A
B
C
D
31
One impact of the passage of the
17th Amendment has been to A
uphold popular sovereignty
in the election of Senators
B
limit congressional pay
C
define the scope of the
inherent powers of Congress
D
undermine the ability of
people to elect qualified
representatives
By granting Congress the sole power to
declare war, the U.S. Constitution –
A
To finance projects that
current revenues cannot
cover
extends the authority of the
President’s cabinet officials
B
weakens the nation’s ability to
respond to foreign threats
To coin money and regulate
its value
C
has built-in checks on executive
power
D
limits the power of the Legislative
branch
To establish uniform
procedures for dealing with
insolvent debtors
To act on matters affecting
the nation’s security
11
Use the flowchart and your knowledge of social studies to answer questions 32 and
33.
Source: Prentice-Hall, Magruder’s American Government
32
To which of the following does a
subcommittee report a bill?
A
The Rules Committee
B
A conference committee
C
Floor action
D
33
A bill traveling along the arrow
labeled X would most likely be
headed to –
A
the House
B
the Senate
C
a joint committee
D
the Supreme Court
A full committee
12
34
35
36
The main reason that Congress
creates committees is to –
A
divide the workload
B
educate new members of
Congress
C
introduce new bills
D
create party power bases
37
Which of the following is a way a
bill can become a law without the
President’s signature?
A
The President delegates the
signing of a bill to the Vice
President.
B
The President waits until the
Congress is not in session.
C
The President fails to act on
the bill within ten days of
receiving it while Congress
is in session.
D
The President leaves the
country.
The purpose of a filibuster is to –
A
invoke the rule of cloture
B
prevent quorum calls
C
speed up action on a bill
D
prevent action on a bill
38
In order to prevent a bill passed by
Congress from becoming law, the
President may –
A
sign and attach a veto
message
B
refuse to sign it and attach
a veto message
C
sign it after ten days if
Congress is in session
D
negotiate a compromise bill
with Congress
13
The major importance of
Amendment 12 is that it –
A
did away with the Electoral
College system
B
eliminated the possibility of
a tie for the presidency
C
required electors to pledge to
vote for the party candidate
D
made electors’ votes
automatic
Use the map and your knowledge of social studies to answer questions 39 and 40.
Source: Magruder’s American Government, Prentice-Hall.
39
On the map, the size of each state
is determined by its–
A
What conclusion can be made
about the distribution of electoral
votes on this map?
coastline size
B
number of electoral votes
C
number of members in the
Senate
D
40
A
The states with the largest
number of electoral votes are
located in the central part of
the United States.
B
Candidates often spend
more time and money
campaigning in California
and Ohio than in Arkansas
and Rhode Island.
C
The smallest number of
electoral votes held by any
state is four.
D
Presidential candidates often
spend more time and money
campaigning in Wyoming.
actual physical area
14
41
Use the excerpt and your knowledge of social
studies to answer the following question.
To propose a constitutional
amendment, the United States
Constitution requires –
A
support of the amendment
in both houses
B
the approval of the President
C
support from the Supreme
Court
D
a popular vote
The threat of European intervention in the
Western Hemisphere declined in the second
half of the nineteenth century. That threat was
replaced by problems within the hemisphere.
Political instability, revolutions, unpaid foreign
debts, and injuries to citizens and property of
other countries plagued Central and South
America.
Under what came to be known as the
Roosevelt Corollary to the Monroe Doctrine,
the United States began to police Latin
America in the early 1900s. Several times, the
marines were used to quell revolutions and
other unrest in Nicaragua, Haiti, Cuba, and
elsewhere.
- Magruder’s American Government, 2003.
42
Which of the following gives the
President the power to carry out or
execute federal law?
A
B
C
D
43
United States intervention in Central and
South America has allowed for the –
The Constitution and the
judicial branch
A
addition of several new states into
the United States
Congressional acts and the
Constitution
B
United States to emerge as the
dominant power in the Western
hemisphere
C
unfailing support for U.S.
policies throughout the
region
D
declining influence of Europe
in world affairs
Congressional acts and the
oath of office
The oath of office and the
Constitution
15
Use the information in the text and
your knowledge of social studies to
answer the following question.
Use the table and your knowledge of
social studies to answer the following
question.
“If men were angels, no government would
be necessary. If angels were to govern
men, neither external nor internal controls
on government would be necessary. In
framing a government which is to be
administered by men over men, the great
difficulty lies in this: you must first enable
the government to control the governed;
and in the next place oblige it to control
itself. A dependence on the people is, no
doubt, the primary control on the
government; but experience has taught
mankind the necessity of auxiliary
precautions.”
“The United States issues patents by the
millions. Our patent system was created to
support intellectual property, which is
recognized in our Constitution: „To promote
the Progress of Science and useful Arts, by
securing for limited Times to Authors and
Inventors the exclusive Right to their
respective Writings and Discoveries.‟
Under the current numbering system for
patents, number 1 was issued in 1836. A
million patents later, number 1,000,000 was
issued by the United States in 1911. The
U.S. Patent and Trademark office issued
patent number 8,000,000 on August 16,
2011.”
-Alexander Hamilton,
The Federalist, No. 51
-
44
With which of the following
statements would Alexander
Hamilton agree?
A
B
45
Internal checks and
balances must included in a
republican government.
The abuses of government
can be limited by elected
representatives.
C
Presidential candidates
should be required to pass a
morality test.
D
All government authority
should rest in the Legislature.
16
United States Patents and
Trademark Office, Dec. 2011
What has been one effect of the
constitutional protections of
intellectual property?
A
Economic equality
B
Decreased quality of life
C
Increased entrepreneurship
D
Government ownership of
industry
Use the cartoon and your knowledge of social studies to answer the following
question.
46
What point is the cartoonist expressing about the Electoral College system?
A
Presidential candidates often fail to win a majority of Electoral votes.
B
The Electoral College system is overly complicated and should be
reconsidered.
C
The Electoral College system is a more efficient way of electing a president
than the processes used in other nations.
D
Presidential primaries should be held earlier in the election year if the
Electoral College system is to function properly.
17
Use the diagram and your knowledge of social studies to answer the following
question.
Freedom
of
religion
Freedom
of
the press
Freedom
of
assembly
First
Amendment
?
Freedom
of
speech
47
Which of the following rights completes the diagram?
A
Right to bear arms
B
Protection from cruel and unusual punishment
C
Right to petition the government
D
Protection from unreasonable searches and seizures
18
Use the excerpt and your knowledge of social
studies to answer the following question.
Use the cartoon and your knowledge of social
studies to answer the following question.
The warning of the right to remain silent
must be accompanied by the explanation
that anything said can and will be used
against the individual in court.
This warning is needed in order to make
him aware not only of the privilege, but
also of the consequences of forgoing it...
- Earl Warren,
Miranda v. Arizona majority opinion,
1966
48
49
The case of Miranda v. Arizona
protects the rights of the accused based
on the rights guaranteed in –
A
The First Amendment
B
The Third Amendment
C
The Fourth Amendment
D
The Fifth Amendment
Source: Maxwell School of Syracuse University
50
The Supreme Court would ultimately
rule that –
A
flag burning is protected
speech, and the state of Texas
had no legitimate reason to
prohibit the activity.
B
while flag burning is protected
by the 1st Amendment, the state
of Texas could prohibit it to
maintain order and peace.
C
flag burning is too offensive to
be protected by the 1st
Amendment.
D
only a federal law can stop the
practice of burning the flag at
protests in throughout the
United States.
Which of these is the most common
form of individual involvement with a
political party?
A
attending a party rally or
a meeting
B
registering to vote as a
member of the party
C
making a financial
contribution to the party
D
working as a campaign
volunteer for a party
candidate
19
51
52
Concurrent jurisdiction means
that a case may be tried by –
A
a state court
B
a federal court
C
D
54
A
negotiating trade
agreements
either a state or a
federal court
B
gathering foreign
intelligence
the Supreme Court
C
controlling military
spending
D
appointing foreign
ambassadors
How does someone become a
judge in the federal court
system?
A
by popular election
55
53
Which of these foreign policy
powers belongs primarily to
Congress?
The Establishment Clause in
the United States Constitution
is -
B
by passing a civil service
test
C
by nomination at a party
convention
A
embedded in the
Preamble
D
by presidential
appointment
B
implied by the due
process clause
C
part of 1st Amendment
protections of religious
freedom
D
included among the rights
of the accused in the 5th
Amendment
A justice of the Supreme Court
may write a dissenting opinion
to –
A
explain disagreement
with the majority
opinion
B
add legal background to
the majority opinion
C
request an appeal of the
decision
D
establish judicial review
over presidential actions
20
56
57
Which is an example of legally
exercising the right to free
speech?
A
Protesting a government
policy
B
Lying in a court case to
protect a friend
C
Falsely accusing someone
of a crime
D
Threatening to hurt
someone
Use the excerpt and your knowledge of social
studies to answer the following question.
“Children tend to absorb the political
views of parents and other caregivers,
perhaps without realizing it…Children
raised in households in which the primary
caregivers are Democrats tend to become
Democrats themselves, whereas children
raised in homes where their caregivers are
Republican tend to favor the GOP.”
- Benjamin Ginsberg, Theodore Lowi,
and Margaret Weir, We The People
The Due Process Clause
guarantees that –
A
B
C
D
58
One explanation for the phenomena
described in the quote above is –
the National Government
will not interfere with
constitutional rights
A
Mass Media
B
Free Speech
States are not bound by
their State constitutions in
matters of individual
rights
C
Political Socialization
D
Straw Polls
States will not deny
people any basic or
essential liberties
59
State governments will
police the National
Government
21
The federal courts can hear and decide
cases on the basis of –
A
the subject matter or parties
involved in the case
B
the amount of money involved or
number of defendants
C
the popularity of the case in the
media
D
appeals from States and appellate
courts
61
Use the excerpt and your
knowledge of social studies to
answer the following question.
“[T]he constitutional prohibition
against laws respecting an
establishment of religion must at
least mean that, in this country,
it is no part of the business of
government to compose official
prayers for any group of the
American people to recite as
part of a religious program
carried on by government.”
A Roe v. Wade
B Mapp v. Ohio
C Gideon v. Wainwright
D Miranda v. Arizona
62
-Justice Hugo L. Black,
Engel v. Vitale, 1962
60
The right to privacy has been applied
to the protection of women’s access
to an abortion in which of the
following controversial cases?
The Second Amendment –
A
places no limits on the free flow
of guns within the United States
B
prevents States from limiting a
person’s right to own a gun
C
guarantees that each State has
the right to have a militia
D
prevents any citizen from owning
a gun
What is the reasoning behind
this Supreme Court decision?
A
B
The Constitution
prohibits laws respecting
an establishment of
religion.
It is not the
government’s place to
compose official
prayers.
C
Only the government may
carry out religious
programs.
D
Americans want the right
to recite religious prayers.
63
22
A significant impact of the
Serviceman’s Readjustment Act of
1944 (GI Bill) has been to A
increase the income gap in
American society
B
contribute substantially to the
growth of the middle class in
the United States
C
decrease the number of degrees
awarded by American colleges
D
maintain low percentages of
homeownership in the United
States
64
The 6th Amendment guarantee
of a speedy and public trial is
aimed at –
A
trying those accused of
crimes without undue
delay and avoiding
secret trials
B
deterring potential
criminals by fear of swift
and certain punishment
C
D
65
66
eliminating overcrowded
dockets in the nation’s
criminal courts
The most successful outcome of
passage of the Civil Rights Act of
1964 has been the –
A
prohibition of discrimination
in public places and hiring
practices.
B
eradication of racism in
American society.
C
increased voter turnout among
African Americans.
D
end of racial profiling in law
enforcement.
preventing jurors from
being unduly influenced
by public opinion
Which of the following is not a
factor in whether or not a
person qualifies to vote in the
United States?
A
legal residence
B
ability to pay a poll tax
C
age of the voter
D
citizenship
67
23
The inclusion of two due
process clauses in the
Constitution reflects the fact
that –
A
due process has two
different meanings.
B
the framers of the
Constitution did not value
due process as a way to
protect individual rights.
C
due process rights have
traditionally been very
easy to protect.
D
the 5th Amendment
applies to the national
government, the 14th
Amendment to State
and local governments
69
Use the excerpt and your knowledge
of social studies to answer the
following question.
“Words can be weapons….
The question in every case is whether the
words used are used in such
circumstances and are of such nature as
to create a clear and present danger that
they will bring about the substantive evils
that Congress has a right to prevent.”
Requiring the use of seat belts
would be a power of A
the federal government
B
public schools
C
state governments
D
local citizens’ groups
-Oliver Wendell Holmes,
Schenck v. United States, 1919
70
68
In deciding cases involving
laws against sedition, the
Supreme Court has –
A
B
authorized that those
who utter words that
trigger an immediate
danger can be punished
established the excessive
entanglement standard
C
upheld the Alien and
Sedition Acts of 1798
D
upheld the
constitutionality of all
such laws
24
The popular election of judges
in the State of Texas is
supported mainly on the
grounds that –
A
most people believe that
judges should be involved
in politics
B
it ensures the selection of
the best-qualified
candidates
C
most people believe that
the characteristics that
make a good judge and
those that make a good
candidate are always
found in the same person
D
it makes those who
apply the law directly
accountable to the
people
II
Short Answer
Use the diagram and your knowledge of social studies to answer questions 71 through 75.
Source: Magruder’s American Government, Prentice-Hall.
71
What branch of government can declare an act of Congress to be
unconstitutional?
The judicial branch
72
What powers do the President and Congress have over the appointment of
Supreme Court justices?
The President has the power to appoint justices. Congress has the
power to approve or reject the President’s appointees.
73
How can Congress check a presidential veto?
Congress can override the veto with a two-thirds vote.
74
How can the judicial branch check executive actions?
The judicial branch has the power to declare executive actions
unconstitutional.
75
Name the one way that the executive branch can check the power of the
judicial branch.
This can be done through its power to appoint federal judges.
25
III
Written Response
76
Directions: Read the prompts below. Select ONE to answer.
On the lines provided, respond to the prompt you selected in a welldeveloped essay. Organize your essay so that the information is easy
to follow and meets the criteria listed on the rubric applicable to your
prompt selection. Use correct grammar and spelling.
Choose EITHER prompt A or B:
Prompt A : Constitutional Change
Identify two amendments to the United States Constitution listed below
and for each:



Discuss the historical circumstances that led to the adoption of the amendment.
Discuss how the amendment changed the United States government and/or
American society.
Support your answers with specific examples.
Amendment 1
Amendment 13
Amendment 14
Amendment 15
Amendment 16
Amendment 17
Amendment 18
Amendment 19
Amendment 22
Amendment 26
Prom
Prompt B : Landmark Supreme Court Cases
Select two Supreme Court cases listed below that have affected American society
and for each case:
 Analyze the historical circumstances of the case
 Explain the court‟s decision in the case
 Evaluate the impact of the decision on American society
 Support your answers with specific examples
Schenck v. United States (1919)
Brown v. Board of Education of Topeka (1954)
Engel v. Vitale (1962)
Miranda v. Arizona (1966)
Roe v. Wade (1973)
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BE SURE YOU HAVE RECORDED ALL OF YOUR
ANSWERS ON THE ANSWER DOCUMENT
28
Austin Independent School District
Grade 12 Government
Summer School Comprehensive Final – Written Response Rubric for Prompt A “Constitutional Change”
Student Name:___________________________
Criteria
2
3
Historical circumstances
that led to the adoption of
both amendments are not
correctly identified or
described.
Historical circumstances that led to
the adoption of one amendment is
correctly identified and described.
Historical circumstances that led to
the adoption of both amendments are
correctly identified and described. .
Historical circumstances that led
to the adoption of both
amendments are correctly
identified with extended
descriptions
Writer does not show how
the amendments changed
the United States
government and/or
American society.
No accurate description is given to
its impact on the United States
government and/or American
society.
Limited description is given to their
impact on the United States
government and/or American society
The amendments’ impact on the
United States government and/or
American society are correctly
identified with extended
description.
No supporting examples of
historical circumstances or
how the amendment
changed the United States..
Some supporting examples but no
explanation included of the
historical circumstances or of how
the amendment changed the United
States.
Some effort to sequence
information is attempted but reader
generally has difficulty following
throughout most of the essay.
Writing has spelling and/or
grammatical errors that detract
from some parts of the essay..
Some supporting examples with
some degree of explanation of the
historical circumstances or of how
the amendment changed the United
States.
Sequence of information is logical
and easy to follow throughout most
of the essay..
Complete and specific references
and examples of the amendments
and historical events leading up to
and after their passage.
Writing has some spelling and/or
grammatical errors.
Writing has few spelling and/or
grammatical errors.
1
Content
Knowledge:
Historical
Circumstances
of \Amendment
Adoption
Content
Knowledge:
How the
Amendment
Changed the
United States
Use of
Supporting
Examples:
Organization Sequence of information is
difficult to follow
throughout the essay..
Grammar
and Spelling
Writing has a large number
of spelling and/or
grammatical errors that
detract from the essay.
Points
4
Sequence of information is logical
and easy to follow throughout the
entire essay..
Total
Austin Independent School District, 2008
Social Studies Curriculum Department
page 29
Points
Austin Independent School District
Grade 12 Government
Summer School Comprehensive Final – Written Response Rubric for Prompt B “Landmark Supreme Court Cases”
Student Name:___________________________
1
Criteria
2
Points
3
4
Content
Knowledge:
Historical
Circumstances
and
Explanation
of Decision
Content
Knowledge:
Impact of the
Decision on
American
Society
Use of
Supporting
Examples:
Historical circumstances of
the two cases are not
correctly identified or
described. No explanation
of the Court decisions.
Historical circumstances of one of
the cases is correctly identified and
described. No accurate description
is given to the courts’ decision.
Historical circumstances of both
cases are correctly identified and
described. Limited description is
given to the Court’s decisions.
Historical circumstances of both
cases, and the Court’s decisions
are correctly identified and
described with extended
description including specific
references to the cases and
historical events.
Writer does not state the
Court’s decision and its
impact on American society
for one or both Court cases.
Some description given to the
Court’s decisions but with
inaccuracies and limited discussion
of their impact on American
society.
Both cases are correctly identified
but limited description is given to the
Court’s decisions and their impact on
American society.
No supporting examples of
historical circumstances or
how the Court’s decision
changed the United States.
Organization
Sequence of information is
difficult to follow
throughout the essay..
Some supporting examples of Court
cases with some degree of
explanation of the historical
circumstances of how the Court’s
decision changed the United States.
Sequence of information is logical
and easy to follow throughout most
of the essay.
Grammar
and Spelling
Writing has a large number
of spelling and/or
grammatical errors that
detract from the essay..
Some supporting examples but no
explanation included of the
historical circumstances or of how
the Court’s decision changed the
United States.
Some effort to sequence
information is attempted but reader
generally has difficulty following
throughout most of the essay.
Writing has spelling and/or
grammatical errors that detract
from some parts of the essay..
In both cases, the Court’s
decisions and their impact on
American society are correctly
identified and described with
extended description including
specific references to the cases
and historical events.
Complete and specific references
and examples of the Supreme
Court cases and historical events
leading up to and after their
decisions.
Sequence of information is logical
and easy to follow throughout the
entire essay.
Writing has some spelling and/or
grammatical errors.
Writing has few spelling and/or
grammatical errors.
Austin Independent School District, 2008
Social Studies Curriculum Department
page 30
Total
Austin Independent School District, 2008
Social Studies Curriculum Department
page 31
Points
Austin Independent School District
Grade 12 - Government
Summer School Comprehensive Exam
Written Response Samples
Constitutional Change:
Discuss the historical circumstances that led to the adoption of the amendment
and how the amendment changed the United States government and/or American society:
1st Amendment
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from
government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the
government for a redress of grievances, and the implied rights of association and belief. The Supreme Court interprets the extent of the
protection afforded to these rights. Two clauses in the First Amendment guarantee freedom of religion. The establishment clause
prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces
the "separation of church and state. Some governmental activity related to religion has been declared constitutional by the Supreme
Court. For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited.
The free exercise clause prohibits the government, in most instances, from interfering with a persons practice of their religion. The
most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to
express themselves without interference or constraint by the government. The Supreme Court requires the government to provide
substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech. A less
stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some
speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that
communicates a message. Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not
very different from the right to freedom of speech. It allows an individual to express themselves through publication and
dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special
rights or privileges not afforded to citizens in general. The right to assemble allows people to gather for peaceful and lawful purposes.
Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of
association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate
for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly
associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a
group to register or disclose its members or from denying government benefits on the based on an individuals current or past
membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in
disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel
individuals to express themselves, hold certain beliefs, or belong to particular associations or groups. The right to petition the
government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the
courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek
change from
Austin Independent School District, 2010
Social Studies Curriculum Department
page 33
13th Amendment
The Constitution, although never mentioning slavery by name, refers to slaves as "such persons" in Article I, Section 9 and “a person
held to service or labor” in Article IV, Section 2. The Thirteenth Amendment, in direct terminology, put an end to this. The
amendment states: Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2: Congress shall have
power to enforce this article by appropriate legislation." The history behind this amendments adoption is an interesting one. Prior to
the Civil War, in February 1861, Congress had passed a Thirteenth Amendment for an entirely different purpose--to guarantee the
legality and perpetuity of slavery in the slave states, rather than to end it. This amendment guaranteeing slavery was a result of the
complicated sectional politics of the antebellum period, and a futile effort to preclude Civil War. Although the Thirteenth Amendment
that guaranteed slavery was narrowly passed by both houses, the Civil War started before it could be sent to the states for ratification.
14th Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws. The Fourteenth Amendment of the United States Constitution is one of the postCivil War amendments and includes the due process and equal protection clauses Prior to the adoption of this amendment, the United
States Bill of Rights acted only as a restraint on federal, not state, governments. Until its passage, states' control over its citizens was
legally restrained only by that state's constitution and laws. Many of these states modeled their constitution and laws after the federal
government of the United States, but state constitutions did not necessarily entail provisions like the Bill of Rights. With the adoption
of this amendment and this section in particular, southern states were legally obligated to recognize certain rights of freed slaves. In
response, many states drew up Jim Crow and similar laws to perpetuate racial discrimination in the south. The expansion of
"fundamental rights" under the Due Process clause was not anticipated by its sponsors. Yet under this clause the United States
Supreme Court has recognized such rights as the right to abortion, the right to contraceptives, the right to medical treatment, and the
right to marry.
15th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude. This amendment guarantees the right of citizens of the United
States to vote regardless of race, color, or previous condition of slavery. But it was not really until the Voting Rights Act in
1965 that this guarantee was actually achieved in all states.The last of the Reconstruction Amendments, the 15th Amendment
was designed to close the last loophole in the establishment of civil rights for newly-freed black slaves. It ensured that a
person's race, color, or prior history as a slave could not be used to bar that person from voting. Though a noble idea, it had
little practical effect for quite some time, as the Southern states found myriad ways to intimidate blacks to keep them from
voting.
16th Amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the
several States, and without regard to any census or enumeration. In 1895, in the Supreme Court case of Pollock v Farmer's Loan and
Trust (157 U.S. 429), the Court disallowed a federal income tax. The tax was designed to be an indirect tax, which would mean that
states need not contribute portions of a whole relative to its census figures. The Court, however, ruled that the income tax was a direct
tax and subject to apportionment. This was the last in a series of conflicting court decisions dating back to the Civil War. Between
1895 and 1909, when the amendment was passed by Congress, the Court began to back down on its position, as it became clear not
only to accountants but to everyone that the solvency of the nation was in jeopardy. In a series of cases, the definition of "direct tax"
was modified, bent, twisted, and coaxed to allow more taxation efforts that approached an income tax.Finally, with the ratification of
the 16th Amendment, any doubt was removed. The text of the Amendment makes it clear that though the categories of direct and
indirect taxation still exist, any determination that income tax is a direct tax will be irrelevant, because taxes on incomes are explicitly
to be treated as indirect.
Austin Independent School District, 2010
Social Studies Curriculum Department
page 34
17th Amendment
One of the most common critiques of the Framers is that the government that they created was, in many ways, undemocratic. There is
little doubt of this, and it is so by design. The Electoral College, by which we choose our President, is one example. The appointment
of judges is another. And the selection of Senators not by the people but by the state legislatures, is yet another. The Senatorial
selection system eventually became fraught with problems, with consecutive state legislatures sending different Senators to Congress,
forcing the Senate to work out who was the qualified candidate, or with the selection system being corrupted by bribery and
corruption. In several states, the selection of Senators was left up to the people in referenda, where the legislature approved the
people's choice and sent him or her to the Senate. Articles written by early 20th-century muckrakers also provided grist for the
popular-election mill. The 17th Amendment did away with all the ambiguity with a simple premise - the Senators would be chosen by
the people, just as Representatives are. Of course, since the candidates now had to cater to hundreds of thousands, or millions, of
people instead of just a few hundred, other issues, such as campaign finances, were introduced. The 17th is not a panacea, but it brings
government closer to the people.
18th Amendment
Consumption of alcohol was discouraged by law in many of the states over the first century of the United States under the
Constitution. By 1855, 13 of the 31 states had temperance, or alcohol prohibition, laws. The Civil War distracted the public from the
temperance movement, but the proliferation of saloons after the Civil War, and the trappings of the saloons (like gambling,
prostitution, and public drunkenness) lead to the so-called "Women's War" in 1873. Over time, the movement became more organized
and the Anti-Saloon League was established in 1893. The ASL's goal was national prohibition, and it set up an office in Washington
to that end - it even established its own publishing house in Westerville, Ohio. The ASL polled candidates on their stand on the
temperance question, endorsing candidates with a pro-temperance stance. In the election of 1915, ASL-sponsored candidates swept
the elections for Congress, and on December 18, 1917, Congress passed the 18th Amendment.
19th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
The 19th Amendment prohibits both the federal government and the states from denying or limiting the right to vote on the basis of a
person’s sex. This long-fought-for amendment is popularly known as the Susan B. Anthony Amendment, after the activist who fought
hard to improve conditions for women in the second half of the 19th century. Today’s politicians would not be catering to the "soccer
mom" vote if it weren’t for Anthony and the woman’s suffrage (voting rights) movement that she helped to ignite.
Though the Constitution originally made no mention of a woman's right to vote, it was implied by society - woman simply did not
have the right. The 14th Amendment actually made things worse, by codifying the suffrage right to men only, when its Second Clause
punished the denial of suffrage to men (though this still did not officially deny women the right). As early as 1848, groups met to
discuss how to further women's rights, and the franchise, it was decided, was the best place to start. But America was not ready, and
the suffragists, as they were called, were branded as immoral. Famous women's rights leaders Susan B. Anthony and Elizabeth Cady
Stanton tried to make a stand after the Civil War, to have the language of the 14th Amendment include women, though the issue was
thought too volatile by most, and passage of the amendment was thought to be in grave jeopardy if such a provision were included.
Anthony later used the 15th Amendment as rationale for voting in a New York election, and though she was tried and fined for voting,
the ordeal proved the final impetus for the eventual guarantee of voting rights for women. By 1918, about half the states had granted
women full or partial voting rights; the stature gained by women involved in the temperance movement also helped push the suffragist
movement along.
Austin Independent School District, 2010
Social Studies Curriculum Department
page 35
22nd Amendment
Since the presidency of George Washington, only one thing could be said to be totally consistent - that no President had the job for
more than two full terms. Washington had been asked to run for a third term in 1796, but he made it quite clear that he had no
intention of doing so; that an orderly transition of power was needed to set the Constitution in stone. And so it was for almost 150
years. Franklin Delano Roosevelt was first elected President in 1932, and re-elected in 1936. When it came time for the Democrats to
nominate a candidate for the Presidency in 1940, two things had happened. First, the Republicans had made great gains in Congress in
the 1938 elections. And Hitler happened. Europe was in the throes of a great war, with trouble in the Pacific, too. A change away from
Roosevelt, who had lead the nation through the Great Depression, did not seem wise. He was nominated for an unprecedented third
term, and won. It was not a landslide victory, however, and it is debatable that FDR would have had a third term had it not been for
the war. When 1944 rolled around, changing leaders in the middle of World War II, which the United States was now fully engaged
in, also seemed unwise, and FDR ran for and was elected to, a fourth term. His life was nearly over, however, and his Vice President,
Harry Truman, became President upon FDR's death less than 100 days after his inauguration. Though FDR's leadership was seen by
many as a key reason that the U.S. came out of WWII victorious, the Congress was determined, once the war ended, to ensure that
Washington's self-imposed two-term limit become the law of the land. Specifically excepting Truman from its provisions, the 22nd
Amendment passed Congress on March 21, 1947. After Truman won a second term in 1948, it was ratified on February 27, 1951.
Truman could have run for a third term, but bowed out early before campaigning began.
26th Amendment
The 26th Amendment prohibits both federal and state governments from denying the vote to any citizen who is at least 18 years old.
Before this amendment was ratified in 1971, states had a variety of age limits, some as high as 21 years. The ratification of this
amendment came during the conflict in Vietnam, when 18-year-olds were being drafted to serve in the military and risk their lives
fighting in a foreign land. Popular support for guaranteeing the vote to 18-year-olds grew as more and more people came to believe
that citizens who were old enough to die for their country were old enough to participate in their democracy through the vote.The
United States was in the throes of the Vietnam War and protests were underway throughout the nation. Draftees into the armed
services were any male over the age of 18. There was a seeming dichotomy, however: these young men were allowed, even forced, to
fight and die for their country, but they were unable to vote. The 14th Amendment only guaranteed the vote, in a roundabout way, to
twenty-one year old's. The Congress attempted to right this wrong in 1970 by passing an extension to the 1965 Voting Rights Act
(which itself is enforcement legislation based on prior suffrage amendments) that gave the vote to all persons 18 or older, in all
elections, on all levels. Oregon objected to the 18-year-old limit, as well as other provisions of the 1970 Act (it also objected to a
prohibition on literacy tests for the franchise). In Oregon v Mitchell (400 U.S. 112), a sharply divided Supreme Court ruled that the
Congress had the power to lower the voting age to 18 for national elections, but not for state and local elections. The case was decided
on December 1, 1970. Within months, on March 23, 1971, the Congress passed the text of the 26th Amendment, specifically setting a
national voting age, in both state and national elections, to 18.
Austin Independent School District, 2010
Social Studies Curriculum Department
page 36
Landmark Supreme Court Cases:
Select two Supreme Court cases that have affected American society and for each case
analyze the historical circumstances of the case; explain the Court’s decision in the case;
evaluate the impact of the decision on American society:
Schenck v. United States (1919)
During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by
the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal
the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the
military and to obstruct recruitment. Holmes, speaking for a unanimous Court, concluded that Schenck is not protected in this
situation. The character of every act depends on the circumstances. "The question in every case is whether the words used are used in
such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that
Congress has a right to prevent." During wartime, utterances tolerable in peacetime can be punished.
Brown v. Board of Education of Topeka (1954)
Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation
according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher
salaries. This case was decided together with Briggs v. Elliott and Davis v. County School Board of Prince Edward County. Despite
the equalization of the schools by "objective" factors, intangible issues foster and maintain inequality. Racial segregation in public
education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. The long-held doctrine that
separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of
public education. The unanimous opinion sounded the death-knell for all forms of state-maintained racial separation.
Engel v. Vitale (1962)
The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. This
was an attempt to defuse the politically potent issue by taking it out of the hands of local communities. The blandest of invocations
read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our
country." Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing
the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment
clause to eliminate religious activities of all sorts, which had traditionally been a part of public ceremonies. Despite the passage of
time, the decision is still unpopular with a majority of Americans.
Austin Independent School District, 2010
Social Studies Curriculum Department
page 37
Miranda v. Arizona (1966)
The Court was called upon to consider the constitutionality of a number of instances, ruled on jointly, in which defendants were
questioned "while in custody or otherwise deprived of [their] freedom in any significant way." In Vignera v. New York, the petitioner
was questioned by police, made oral admissions, and signed an inculpatory statement all without being notified of his right to counsel.
Similarly, in Westover v. United States, the petitioner was arrested by the FBI, interrogated, and made to sign statements without
being notified of his right to counsel. Lastly, in California v. Stewart, local police held and interrogated the defendant for five days
without notification of his right to counsel. In all these cases, suspects were questioned by police officers, detectives, or prosecuting
attorneys in rooms that cut them off from the outside world. In none of the cases were suspects given warnings of their rights at the
outset of their interrogation. The Court held that prosecutors could not use statements stemming from custodial interrogation of
defendants unless they demonstrated the use of procedural safeguards "effective to secure the privilege against self-incrimination."
The Court noted that "the modern practice of in-custody interrogation is psychologically rather than physically oriented" and that "the
blood of the accused is not the only hallmark of an unconstitutional inquisition." The Court specifically outlined the necessary aspects
of police warnings to suspects, including warnings of the the right to remain silent and the right to have counsel present during
interrogations.
Roe v. Wade (1973)
Roe, a Texas resident, sought to terminate her pregnacy by abortion. Texas law prohibited abortions except to save the pregnant
woman's life. After granting certiorari, the Court heard arguments twice. The first time, Roe's attorney -- Sarah Weddington -- could
not locate the constitutional hook of her argument for Justice Potter Stewart. Her opponent -- Jay Floyd -- misfired from the start.
Weddington sharpened her constitutional argument in the second round. Her new opponent -- Robert Flowers -- came under strong
questioning from Justices Potter Stewart and Thurgood Marshall. The Court held that a woman's right to an abortion fell within the
right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total
autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters.
As a result, the laws of 46 states were affected by the Court's ruling.
Austin Independent School District, 2010
Social Studies Curriculum Department
page 38