exam 2.1

Question 1

what is habeas corpus

Answer 1

a court order demanding an individual in custody be brought into court and shown the cause for detention

Question 2

when was the bill of rights ratified

Answer 2

1791

Question 3

what did the 4th amendment do

Answer 3

made sure that the bill of rights applied to organisations and people outside of the national government

Question 4

five freedoms made in the first amendment

Answer 4

religion
speech
press
assembly
petition of government

Question 5

what is selective incorporation

Answer 5

Process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protections from state as well as national governments

Question 6

what is the free exercise clause

Answer 6

First Amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses.

Question 7

what are the three steps of the Lemon Test when it comes to church and state

Answer 7

•Government action permissible if•1. secular in purpose•2. neither promotes nor inhibits the practice of religion•3. no “excessive entanglement” with religion

Question 8

what is meant by the term strict scrutiny

Answer 8

Requires a compelling interest when policies and practices clash with certain constitutional rights.

Question 9

what is the test called that determines the extent to which freedom of speech is being exercised

Answer 9

clear and present danger test

Question 10

what is meant by the term prior restraint

Answer 10

Effort by government to prohibit the publication of information or viewpoints. Generally viewed as a violation of 1st Amendment by the Court.

Question 11

what is the focus of the 4th amendment

Answer 11

the idea that police can’t be too powerful, like they can’t force you to do anything without proper paperwork such as a warrant

Question 12

what is the exclusionary rule

Answer 12

Generally, evidence obtained illegally cannot be used against a defendant in a criminal prosecution.

Question 13

what is the focus of the 5th amendment

Answer 13

court stuff.

can’t be forced to testify
can’t be tried twice
innocent until proven guilty

Question 14

what is the focus of the 6th amendment

Answer 14

fair trial of impartial jury

right to an attorney

Question 15

what is the focus of the 8th amendment

Answer 15

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Question 16

what are some famous cases that challenged the idea of the right to privacy

Answer 16

• Griswold v. Connecticut (1965)-Birth control
• Roe v. Wade (1973)- Abortion
• Lawrence v. Texas (2003) States not allowed to prohibit same sex activity between consenting adults

Question 17

define civil rights

Answer 17

obligation imposed on government to take positive action to protect citizens from any illegal action of government or private citizens

Question 18

define equality of condition

Answer 18

valuing equal economic status, housing, health care, and education and government services.
Seeks to provide all citizens with opportunities for participation in the economic system and public life but accepts unequal results.

Question 19

when and where did the women’s suffrage movement begin

Answer 19

Begins in Seneca Falls Convention in 1848.

Question 20

what and when was the plessy v ferguson case

Answer 20

Supreme Court case that permits racial segregation, separate but equal facilities are constitutional. Although in actual practice these facilities were frequently not equal.

(1896)

Question 21

what is meant by the term de jure segregation

Answer 21

racial segregation mandated by laws and policies created by government.

Question 22

what is meant by the term de facto segregation

Answer 22

segregation often presumed to occur for voluntary reason, but frequently a result of discriminatory actions.

Question 23

what and when was the brown v board of education of topeka case

Answer 23

Supreme Court case that struck down “separate but equal” doctrine as fundamentally unequal. Overturns Plessy V. Ferguson.

Question 24

what was significant about the 1971 case of Reed v Reed

Answer 24

First application of 14th Amendment to gender discrimination.

Question 25

what were some key points that came out of the civil rights act of 1964

Answer 25

outlaws discrimination based on race, color, religion, or national origin.Includes public accommodations.

Question 26

what were some key points that came out of the voting rights act of 1965

Answer 26

prohibits racial discrimination in voting. Includes Section 5 preclearance requirement for any voting changes for some jurisdiction.

Question 27

what and when was the shelby v holder case

Answer 27

Declares Section 5 (preclearance for some jurisdictions) of the Voting Rights Act of 1965 unconstitutional because of outdated criteria.

(2013)

Question 28

What and when was the Missouri ex. Rel. Gaines v. Canada, Registrar of the University of Missouri case

Answer 28

States that provide only one educational institution must allow African Americans and Whites to attend if there is no separate school for African Americans.

(1938)

Question 29

what are the three levels of scrutiny for discrimination claims

Answer 29

rational basis test (let’s not get hasty here)

intermediate scrutiny (affects some government)

strict scrutiny test (unconstitutional)

Question 30

define constituency

Answer 30

the residents in the area from which an official is elected.

Question 31

define incumbency

Answer 31

holding the political office for which one is running (running for re-election)

Question 32

what is the difference between a delegate and a trustee

Answer 32

Delegate -representative who votes according to the preferences of his or her constituency

Trustee –representative who votes based on what he or she thinks is best for his or her constituency.

Question 33

qualifications to become a member of the house of reps

Answer 33

25y.o.
7 years a citizen
must be loyal to their state

Question 34

qualifications to become a member of the senate

Answer 34

30.y.o.

9 years a citizen

Question 35

who is the president of the senate?

Answer 35

mike pence

Question 36

what is a president pro tempore

Answer 36

a fill-in VP, usually given to the most senior member of the majority party of the senate

Question 37

what and when was the trial of baker v carr

Answer 37

Supreme Ct. case that says House districts must contain equal number of constituents, establishes “one person, one vote” rule

(1961)

Question 38

what is a standing committee

Answer 38

permanent committee on particular subject

Question 39

what is a subcommittee

Answer 39

specialized groups within standing committees.

Question 40

what is a conference committee

Answer 40

committee of members of the House and Senate that iron out differences in similar measures that have passed both houses to create a single bill.

Question 41

what is a filibuster

Answer 41

an unlimited debate in which one senator or a group of senators keeps talking without interruption unless three-fifths (60) of the chamber votes to end discussion.

Question 42

what is a cloture

Answer 42

rule declaring the end of debate in the Senate, requires 60 votes.

Question 43

what do i need to watch a youtube video on before the exam?

Answer 43

how a law is passed in congress

Question 44

17th amendment

Answer 44

people could directly vote for state senators

Question 45

what was the outcome of the 1961 Baker v Carr case

Answer 45

one vote one value idea was put into place with equal congressional districts

Question 46

how many senators need to vote for ending a filibusting debate

Answer 46

60/100