Exam 2

Question 1

The bill of rights. Know what it is and why it was adopted.

Answer 1

It is the first 10 amendments of the Constitution that ensure certain rights and liberties of the people. Antifederalists saw the potential for government abuse of power absents the Bill of Rights.

Question 2

Be familiar with the basic rights guaranteed in the constitution but not included in the bill of rights.

Answer 2

Guarantee of habeas corpus (a court order demanding that an individual in custody be brought into court and shown the reason for detention.

• Prohibition of bills of attainder (law that declares a person guilty of a crime without a trail)
• Prohibition of ex post facto laws (laws that declare an action to be illegal after it has been committed)
• Prohibition against acceptance of titles of nobility, etc. From any foreign state
• Guarantee of trial by jury in state where crime was committed.
• Treason defined and limited to the life of the person convicted, not to the person’s heirs.

Question 3

Know the legal basis for the process by which different protections in the bill of rights have been applied to the state governments. What is this process known as, and in which constitutional amendment is its basis?

Answer 3

-The 14th amendment contains the “due process” clause; language arguably intended to apply the Bill of Rights to the states. Selective incorporation is the process by which MOST provisions of the Bill of Rights have been applied to the states via the 14th amendment.

Question 4

Know which rights are contained in the first amendment to the U.S. constitution.

Answer 4

• Speech
• Press
• Religion
• Assembly
• Petition

Question 5

Be familiar with the free exercise and establishment clauses of the first amendment and what they guarantee.

Answer 5

The establishment clause is freedom from the state imposing any particular religion. The free exercise clause is freedom to practice the religion of one’s choice w/o state interference.

Question 6

Be familiar with the ruling in west Virginia state board of education v. Barnette.

Answer 6

-Involved the children of a family of Jehovah’s Witnesses who refused to salute and pledge allegiance to the American flag on the grounds that their religious faith did not permit it. The court endorsed the free exercise of religion when it may be offensive to the beliefs of the majority.

Question 7

Know the legal holding in EEOC v. Abercrombie and Fitch Stores, Inc. And its implications.

Answer 7

• In 2015, the Supreme court ruled in favor of Samantha Elauf, declaring that Abercrombie and Fitch could not make an applicant’s religious practice a factor in employment decisions.

Question 8

Be familiar with the rulings in Van Orden v. Perry and McCreary v. ACLU of Kentucky, and what these rulings, in cases involving similar issues and issued in the same year, indicate.

Answer 8

• In Van Orden v. Perry, 5-4 margin that a display of the Ten Commandments at the Texas State Capital did not violate the Constitution. However, in McCreary v. ACLU of Kentucky, the court determined that a display of the Ten Commandments inside two Kentucky courthouses was unconstitutional.
• The displays in Van Orden had a secular purpose, whereas the displays in McCreary had a purely religious purpose. The key difference between the two cases is that the Texas display had been exhibited in a large park for 40 years with other monuments related to the development of American law without any objections raised until this case, whereas the Kentucky display was erected much more recently and initially by itself, suggesting to some justices that its posting had a religious purpose.

Question 9

Know the legal concept that places a heavy burden of proof on the government regarding the regulation of speech.

Answer 9

-The doctrine of strict scrutiny places a heavy burden of proof on the government if it seeks to regulate or restrict speech. Americans are assumed to have the right to speak and to broadcast their ideas unless some compelling reason can be identified to stop them.

Question 10

Be familiar with the general level of free speech protections given to high school students.

Answer 10

-The court opinion held that such speech interfered with the school’s goal of teaching students the limits of socially acceptable behavior. Two years later, the Supreme Court restricted student speech and press rights even further by defining them as part of the educational process, not to be treated with the same standard as adult speech in regular public forum. The decision affirmed that school officials can censor student speech that advocates or celebrates the use of illegal drugs.

Question 11

Slander vs. Libel (know the distinction)

Answer 11

Libel- written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory.”

Slander-oral statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory.”

Question 12

Know the important “freedom of the press” doctrine established and expanded by cases like near v. MN and New York Times v. Sullivan.

Answer 12

Prior Restraint- efforts by a governmental agency to block the publication of material it deems libelous or harmful in some other way

Question 13

Know the significance of McDonald v. Chicago.

Answer 13

-The court applied the second amendment to the states, making this decision the first new incorporation decision by the court in 40 years. The case concerned a Chicago ordinance that made it extremely difficult to own a gun within city limits, and the Court’s ruling had the effect of overturning the law.

Question 14

Know the Bill of Rights due process amendments.

Answer 14

• 4th, 5th, 6th, and 8th.

Question 15

Know against what the fourth amendment protects. Know the legal concept that forbids the introduction in trail of illegally obtained evidence.

Answer 15

• 4th amendment- guarantees the security of citizens against unreasonable search and seizures. One of the most important principles that has grown out of the 4th amendment is the exclusionary rule, which is the ability of courts to exclude evidence obtained in violation of the 4th amendment

Question 16

Be familiar with the constitutional protection against being tried twice for the same crime.

Answer 16

• Protection against double jeopardy- a person cannot be tried twice for the same crime.

Question 17

Know what eminent domain is and how it is handled in the bill of rights.

Answer 17

• Eminent domain is the power of any government to take private property for public use. The fifth amendment protects against this and states requirements proof of a public use and the provision of fair payment for the government’s taking of someone’s property.

Question 18

Know the name of the rule mandating that a person under arrest be informed of his or her right to remain silent.

Answer 18

• the Miranda rule states that persons must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.

Question 19

Be familiar with the significance of Gideon v. Wainwright

Answer 19

• Because of the ruling in this case, all indigent felony defendants–like many others charged with misdemeanors–have a right to court-appointed attorneys. The right to counsel was expanded, beyond just serious crimes, to any trail, with or without a jury, that holds the possibility of imprisonment.

Question 20

Know what the eighth amendment prohibits.

Answer 20

-Prohibits cruel and unusual punishments. Blacks were being sentenced to death more than whites, the poor more likely than the rich, and men more than women.

Question 21

Know how common the U.S.’ practice of capital punishment is, relative to other western nations.

Answer 21

-America is the only western nation that still executes criminals. As of 2012, 33 states allow the death penalty and 17 have banned it.

Question 22

Be familiar with the constitutional basis of a right to privacy first established by the Griswold case.

Answer 22

-People have a right to be left alone from government or other persons’ interference in certain personal areas. The right to use contraceptives fits into a zone of privacy.

Question 23

Be familiar with the fourteenth amendment’s equal protection clause. How was it initially interpreted in the late nineteenth century?

Answer 23

-guarantees citizens the equal protection of the laws. This clause has served as the basis for the civil rights of African Americans, women, and other groups.

Question 24

Know the distinction between the different types of segregation (by law, by fact, etc.)

Answer 24

-By law, segregation was present within public carriers such as schools and trolleys. Congress passed Civil Rights Act of 1875 which was intended to protect blacks from discrimination in public accommodations. The separate but equal rule established doctrine that public accommodations could be segregated as long as facilities were equal

Question 25

Be familiar with the difficulty in policing workplace discrimination initially encountered (but later modified by court rulings) by the civil rights act of 1964.

Answer 25

-The complaining party had to show that deliberate discrimination was the cause of the failure to get a job or a training opportunity. Rarely, does an employer explicitly admit discrimination on the basis of race, sex, or any other illegal reason. Recognizing this, the courts have allowed aggrieved parties (the plaintiffs; person bringing case to court) to make their case if they can show that an employer’s hiring practices had the effect of exclusion, even if they cannot show the intention to discriminate.

Question 26

Know the significance of the civil rights act of 1964. What major impact did it have?

Answer 26

-Prohibited major forms of discrimination against racial, ethnic, national and religious minorities, and women in voting registration, schools, public accommodations, and the workplace. After the passage, public accommodations quickly removed some of the most visible forms of racial discrimination such as sign defining colored and white restroom, water fountains, waiting room, etc. Desegregation of schools also happened as well as outlawing discrimination in the workforce and guaranteeing voting rights.

Question 27

Know the impact that the Voting Rights Act of 1965 had on voter registration in southern states.

Answer 27

-Banned the use of literacy test as a condition to vote and made it a crime to interfere with efforts to vote. The ratification of the 24th amendment prevented poll tax.

Question 28

Be familiar with what (bill? Law? Court ruling? Proposed amendment? Etc.) provides for “equality of rights under the law” not being denied based upon gender.

Answer 28

-The equal rights amendment

Question 29

Be familiar with the law that expanded workers’ rights to sue after discovering discriminatory treatment well after the fact.

Answer 29

-Lily Ledbetter Fair Pay Act

Question 30

Know the two major legally recognized types of sexual harassment.

Answer 30

Quid pro quo harassment- explicit or strongly implied threat that submission is a condition for employment

-Hostile work environment- offensive/intimidating employment conditions

Question 31

Be familiar with the 1970s amendments to the voting rights acts’ impact on voting access for Americans with limited English proficiency/non-English speakers.

Answer 31

-School districts must provide education for students whose English is limited. Permanently outlawed literacy test in all 50 states and mandated bilingual ballots or oral assistance for those who speak Spanish, Chinese, Japanese, Korean, or Native American languages.

Question 32

Know how the court ruled in the university of Michigan (Gratz and Grutter) affirmative action cases.

Answer 32

• the Supreme Court ruled that the university’s point system was too mechanistic and therefore unconstitutional.

Question 33

Political values vs. Political attitudes- know the distinction

Answer 33

Values- the basic principles that shape a person’s opinion about political issues and events.

Attitude- A specific view about a particular issue, personality, or event

Question 34

Be generally familiar with the beliefs of liberals and conservatives. Note where liberals and conservatives stand regarding the areas of international affairs and abortion rights.

Answer 34

-Liberals generally support governmental intervention in the economy, greater economic equality, expansion of federal social services, and greater concern for consumers and the environment. They support government involvement in the economy to protect workers and expand social services, advocate for the poor, minorities, women, consumers, and the environment, as well as support the separation of church and state. They oppose sending American troops to influence domestic affairs in other countries and support international organizations. Okay with abortions.

Conservatives generally support the social and economic status quo, are suspicious of efforts to introduce new political formulae and economic arrangements and believe that a large and powerful government poses a threat to citizens’ freedom. They oppose social and economic engineering, such as wealth redistribution and affirmative action and favor light business and industry regulation; low taxes for higher earners; traditional family structures; school prayer. They support stronger military power and spending but less supportive of international organizational efforts and entanglements. Against abortions.

Question 35

Know the term for the process by which political values are formed.

Answer 35

-Political socialization.

Question 36

Be familiar with the “gender gap” concept

Answer 36

-The gender gap between men and women impacts ideological views and voting patterns.

Question 37

Be familiar with the role education plays in shaping political perspectives. When it comes to political views/involvement, how do college graduates stand out from other Americans?

Answer 37

-Basic beliefs and values are acquired in formal education. Those who attend college are often exposed to modes of thought that will distinguish them from their friends and neighbors who do not pursue college diplomas.

Question 38

Know the general trend in the difference between the views of democrats and republicans over the last forty years.

Answer 38

• 72% of Republicans oppose granting legal citizenship to immigrants with jobs in the United States, but only 34% of Democrats do. 76% of Democrats strongly favor government policies to protect the environment compared to the 30% of Republicans.
• Wide differences in public opinion exist based on partisanship involving energy, income inequality, infrastructure, job creation, immigration, climate change, national defense, budget deficit, taxes, terrorism, trade, and much more.

Question 39

Be familiar with political knowledge levels in America. What impact does political knowledge have on the consistency of an individual’s views and one’s ability to evaluate/process new information?

Answer 39

-Political knowledge is generally low in America. In one widespread reported survey, 71% of Americans could not name their own member of Congress. An interest in politics reinforces an individual’s sense of political efficacy (the belief that their actions and opinions matter) and provides an incentive to acquire additional knowledge and information about politics. As a result, individuals with higher income and education also have more knowledge and influence and thus are better able to get what they want from the government. Low-informed individuals are more susceptible to fake news, partisan news, and political propaganda than more informed individuals.

Question 40

What sources do most Americans rely on for cues regarding political information?

Answer 40

-Get information from trusted party elites, interest groups, media, family, friends, etc.

Question 41

What is the “marketplace of ideas” and what impact is it seen as having on people’s opinions?

Answer 41

Marketplace of ideas- interplay of opinions and views that occurs as competing on a particular issue. Given this constant exposure to the ideas of others, it is virtually impossible for most individuals to resist some modification of their own beliefs.

Question 42

Know these concepts: population, sample, simple random sample

Answer 42

Population- all the inhabitants of a particular town, area, or country.

Sample-a small group selected by researchers to represent the most important characteristics of an entire population

Simple random sample- a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent.

Question 43

Know the main problem with the notorious 1936 Literary digest presidential race poll

Answer 43

• The survey predicted that the Republican presidential candidate, Alf Landon, would defeat the Democratic incumbent, Franklin Roosevelt, in that year’s presidential election. The actual election ended in a Roosevelt landslide.
• The main problem with the survey is what is called selection bias where the pollsters had relied on telephone directories and automobile registration rosters to produce the survey sample. Because of the Great Depression, the millions of working-class Americans who constituted Roosevelt’s base of support was excluded.

Question 44

Be familiar with what the social desirability and bandwagon effects entail. What does push polling involve?

Answer 44

Social desirability- when survey respondents report what they expect an interviewer wishes to hear and not their beliefs.

Bandwagon effects- shift in electoral support to the candidate whom public opinion polls report as the “front-runner”

Push polling is a polling technique in which questions are designed to shape the respondent’s opinion.

Question 45

McGowan v. Maryland
- Several employees of a discount department store sold a few items, such as floor wax and loose-leaf notebooks to customers on a Sunday. By doing so, they violated Maryland’s “blue” laws, which only allow certain items, such as drugs, tobacco, newspapers, and some foodstuffs, to be sold on Sundays. These laws were challenged as a violation of the First Amendment establishment of religion clause.

Answer 45

-The law has a secular purpose: it falls under the state’s power to regulate the health and safety of its citizens through regulating working hours. Enforcing the law is also not considered to create excessive entanglement between church and state. Thus, the Maryland law is constitutional.

Question 46

Wooley v. Maynard

• New Hampshire license plates contain the slogan “Live Free or Die.” A couple found this slogan offensive to their political, religious, and moral beliefs and covered the slogan with a piece of tape, although the identifying numbers were still visible. New Hampshire law prohibits the obstruction of any portion of a license plate. They were convicted for violating this law and brought suit claiming that it violated their freedom of religion.

Answer 46

There is a legitimate secular purpose to the law: ensuring the identification of vehicles. However, there is no compelling state interest outweighing freedom of religion here; thus, there is no harm in exempting the couple from compliance. The state’s action against the couple was unconstitutional.

Question 47

Holt v. Hobbs

• The state of Arkansas’s prison policy prohibits the wearing of facial hair by any inmates, with the exception of short beards grown for medical reasons. Gregory Holt, a devout Muslim prisoner, brought suit against the state, arguing that its policy violated his freedom of religion.

Answer 47

There is a legitimate secular purpose to the law: prisoners potentially being able to hide contraband, etc., in facial hair. However, there is no compelling state interest outweighing freedom of religion here; with short beards being permitted for medical purposes, there is no harm in permitting them for religious purposes. The state’s policy is unconstitutional.

Question 48

Texas v. Johnson

-Johnson burned an American flag in front of the Dallas City Hall as a protest. He was convicted under a Texas law outlawing flag desecration and appealed, claiming it violated his freedom of speech.

Answer 48

Johnson is “speaking” about public issues in a public forum, as burning a flag in protest is a protected form of symbolic speech. The Texas law is unconstitutional.

Question 49

Cuffley v. Missouri

-The Ku Klux Klan wanted to join a state “Adopt a Highway” program. The group would “adopt” a section along a public highway and keep that area clean from trash, etc. In return, a sign would be posted along that section of highway, stating that the highway was being kept clean by the sponsoring group (and listing the name of that group). The state of Missouri denied the Klan the right to become part of the program because of their discriminatory policies. The Klan sued, claiming the state was discriminating against their political views and denying their free speech.

Answer 49

Missouri cannot deny a group, no matter how widely-disliked, participation based on the content of their speech. The state’s action was unconstitutional.

Question 50

LSCO student v. The Orange Leader

• Texas law prohibits the publication of material which is false and does harm to a person. The Orange Leader was planning to print a story about an LSCO student which was untrue and would damage the student’s reputation. Police ordered the Leader not to print the planned article because it would violate the Texas law. The Leader appealed this action on the basis that it violated the First Amendment freedom of the press.

Answer 50

The police cannot prohibit publication here, based on the doctrine of “no prior restraint.” (After publication, the student has the option of pursuing a libel case against The Leader, however…) The action taken by the police is unconstitutional.

Question 51

Georgia v. Randolph

• Police arrive at a home shared by a husband and wife and ask for permission to search the premises for evidence of illegal drugs. The wife consents to the search while the husband refuses. Ultimately, evidence is discovered, and the husband is indicted for possession of cocaine. Was this warrantless search unconstitutional?

Answer 51

While giving police, absent a warrant, consent to search your property is one of the “warrantless exceptions” we discussed, the courts have ruled that, in a scenario in which one occupant of a house gives consent and the other refuses, this is not the case. This search was unconstitutional.

Question 52

Arizona v. Hicks

• Police, armed with a search warrant, lawfully entered an apartment looking for weapons thought to have been used in a shooting. The officers found some expensive stereo equipment in the otherwise squalid apartment. Suspecting that the stereo equipment had been stolen, one of the officers moved some of the stereo equipment components in order to obtain the serial numbers. A check against the police records confirmed that the items had been stolen and the occupant of the apartment was convicted of robbery. The defendant appealed, claiming that the officers had no probable cause to move the equipment to access the serial number. Was this a constitutional search?

Answer 52

The serial numbers on the stereo equipment were not “in plain sight” and the equipment itself was not specified in the search warrant; thus, the inclusion of this evidence was unconstitutional.

Question 53

The “traffic stop” case
Police stop a man for speeding. In checking the computer, they find the driver has a warrant for his arrest for an unpaid traffic ticket. Police arrest the driver to take him to the police station. They search him and find a pistol, then search under the front seat of the car and find drugs. He is convicted for possession of a prohibited weapon and drugs. He appeals his conviction, claiming the search was illegal because they did not have a warrant or probable cause. Was this search constitutional or unconstitutional?

Answer 53

Due to Nameless Man’s outstanding warrants, the search is considered to be “incident to a lawful arrest.” This search is constitutional.

Question 54

Self- incrimination and physical evidence

• Defendants have refused to do each of the following on the grounds that they are violations of their Fifth Amendment right against self-incrimination:

(A) Make a voice recording;

(B) Submit a handwriting sample to be compared to one given to a bank teller during a robbery;

(C) A person in a line-up was required to speak the words used by a robber during a hold-up;

(D) Suspected drunken drivers involved in car accidents have been required to take blood tests.

Which of the above (A, B, C, D) constitute admissible evidence in court?

Answer 54

These are all examples of real evidence, rather than the contents of a defendant’s statements. Thus all four of these examples are admissible in court (constitutional).