Final1

Question 1

a. Equal Access Act
b. Second Treatise of Civil Government

Answer 1

a. ensures that noncurricular student groups are afforded the same access to public secondary school facilities as other, similarly situated student groups.
b. by Locke, natural rights, social contract argues for individual rights, limited government, and the social contract as key elements of political power.

Question 2

Board of Education of Westside Community Schools vs. Mergens

Answer 2

Mergens wanted to start a bible study club, school wouldn’t let her, she appealed using the Equal Access Act and won

Question 3

a. Participatory Government
b. civil society groups

Answer 3

a. citizens participate individually and directly in political decisions and policies that affect their lives, rather than through elected representatives.
b. independent associations outside the governments control

Question 4

a. pluralist theory
b. elitist theory

Answer 4

a. a theory of democracy that emphasizes the role of groups in the policy making process
b. a theory of democracy that the elites have a disproportionate amount of influence in the policymaking process

Question 5

unicameral vs. bicameral legislature

Answer 5

A bicameral legislature is a legislative body made up of two (bi) chambers (camera). It is distinguished from a unicameral legislature in which all members of the legislature belong to and vote in one house.

Question 6

a. Virginia Plan
b. New Jersey Plan
c. Great Compromise (Connecticut Compromise)

Answer 6

a. a plan of gov calling for a 3 branch gov with a bicameral legislature where more populous states would have more representation
b. A plan of gov that provided for a unicameral legislature with equal votes from each state
c. an agreement for a plan of gov: house of rep apportioned proportionally, and Senate equally

Question 7

a. Federalist 10
b. Letter from the federal farmer

Answer 7

a. deals with the danger of “faction” in a democratic government and argues that the federal system that the Constitution created was the best solution to this problem.
b. The Farmer suggests that a truly federal system of government would give more power to the States; states should have more power national gov less

Question 8

a. necessary or proper clause
b. supremacy clause
c. commerce clause

Answer 8

a. language in Article I, Section, granting Congress the powers necessary to carry out its enumerated powers
b. constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land
c. grants Congress the authority to regulate interstate business and commercial activity

Question 9

a. Federalist #51
b. Brutus #1

Answer 9

a. an essay in which Madison argues that the separation of powers and federalism will prevent tyranny
b. an AntiFederalist paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government

Question 10

a. Unitary system
b. Confederal system
c. Federal system

Answer 10

a. a system where the central government has all of the power over the subnational governments
b. a system where the subnational governments have most of the power
c. a system where the power is divided between the national and state governments

Question 11

a. reserved powers
b. concurrent powers

Answer 11

a. powers not given to the national government, which are retained by the states and the people
b. powers granted to both states and the federal government in the Constitution

Question 12

a. full faith and credit clause
b. privileges and immunities clause
c. extradition

Answer 12

a. constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state
b. constitutional clause that prevents states from discrimination against people from out of state
c. the requirement that officials in one state return a defendant to another state where a crime was committed

Question 13

a. 13th ammendement
b. 14th ammendement
c. Equal Protection Clause
d. 15th ammendement

Answer 13

a. outlaws slavery
b. people born in the US are citizens, states can’t deny someone due process or equal protection under the law
c.has been used to protect civil rights of Americans from discrimination
d. African American men can vote.

Question 14

a. Gibbons vs. Ogden
b. McCulloch vs. Maryland

Answer 14

Gibbons was sued by Ogden (the steamboats). Gibbons appealed to the SC, SC said that where state and federal laws on interstate commerce conflict, federal laws are superior.
b. Fed gov has right to set up fed bank but states cant tax the bank

Question 15

a. Plessy vs. Fergusson
b. United States vs. Windsor

Answer 15

a. essentially established the constitutionality of racial segregation
b. DOMA, the federal law did not recognize same sex marriage. Windsor who was married to Spyer in Ontario and whose marriage was recognized by NYC, sued contending that DOMA violates the guarantee of equal protection, as applied to the Federal Government through the 5th Amendment

Question 16

a. grant-in-aid
b. fiscal federalism

Answer 16

a. federal money provided to states to implement public policy objectives (policy that national gov decides)
b. the federal government’s use of grants-in-aid to influence the policies in states

Question 17

a. categorical grants
b. unfunded mandate
c. block grant

Answer 17

a. grants-in-aid provided to states with specific provisions on their use
b. federal requirements that states must follow without being provided with funding
c. a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds

Question 18

a. revenue sharing
b. devolution

Answer 18

a. when the federal government apportions tax money to the states with no strings attached
b. returning more authority to state or local governments

Question 19

a. Obergefell vs. Hodges
b. Gonzalez vs. Raich

Answer 19

a.14 same sex couples sued for validity of their marriages to be upheld across state lines, SC ruled in their favor. (Obergefell wanted his marriage to his dead husband to be recognized)
b. weed! congress can criminalize weed even if states have it as legal

Question 20

a. Hamdi v. Rumsfeld
b. Marbury vs. Madison

Answer 20

a. Yaser Hamdi petitioned the court and challenged his sons detention in Guantanamo Bay SC sided with Yaser
b. established judicial review (the one with salty john adam’s, petty Jefferson and butt hurt judges)

Question 21

a. original jurisdiction
b. appellate jurisdiction

Answer 21

a. the authority of a court to act as the first court to hear a case, which includes finding of facts in the case
b. the authority of a court to hear and review decisions made by lower courts in that system

Question 22

Federalist No. 78

Answer 22

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches

Question 23

a. precedent
b. stare decisis

Answer 23

a. a judicial decision that guides future courts in handling similar cases
b. the practice of letting a previous legal decision stand

Question 24

a. political patronage
b. pendelton act

Answer 24

a. filing of administrative positions as a reward for support rather than solely on merit
b. an act of congress that created the first US civil service commission to draw up and enforce rules on hiring, promotion, and tenure of office within the civil service

Question 25

a. pork barrel spending b. logrolling c. oversight

Answer 25

a. spending which is intended to benefit constituents of a politician in return for their political support b. trading of votes on legislation by members of Congress to get their remarks passed into legislation c. efforts by Congress to ensure that executive branch are acting legally and in accordance with congressional goals

Question 26

a. constituency b. apportionment

Answer 26

a. a body of voters in a given area who elect a representative or senator b. the process of determining the number of representatives for each state using census data

Question 27

a. partisan gerrymandering b. majority-minority district c. malapportionment

Answer 27

a. drawing of district boundaries into strange shapes to benefit a political party b. a district in which voters of a minority ethnicity constitute an electoral majority within that electoral district c. the uneven distribution of the population among legislative districts

Question 28

a. Baker vs. Carr b. Shaw v. Reno

Answer 28

a. one person one vote, Tennessee had wacky district lines, case got up to supreme court and T had to redraw their lines b. North Carolina tried to draw districts using race supreme court said no so they had to redraw

Question 29

a. discharge petition b. hold c. cloture

Answer 29

a. a motion filed by a member of Congress to move a bill out of committee and onto the floor of the House for a vote b. a delay placed on legislation by a senator who objects to a bill c. a procedure through which senators can end debate on a bill and proceed to action provided 60 senators agree to it

Question 30

a. delegate role b. trustee role c. politico role

Answer 30

a. the idea that the main duty of a member of congress is to carry out constituents wishes b. making decisions based on their knowledge and judgement c. balance their choices with the interests of their constituents and parties

Question 31

a. Federalist No. 70 b. United States v. Nixon

Answer 31

a. Hamilton argues that an energetic single executive will protect against foreign attacks, provide administration of laws, and protect liberty and property b. affirmed the power of executive privilege, but said in this case Nixon had to hand stuff over

Question 32

a. bureaucratic discretion b. bureaucratic adjudication

Answer 32

a. the power to decide how a law is implemented and to decide what Congress meant when it passed a law b. settles disputes between parties that happen because of federal laws, and determine whose covered under a program

Question 33

Bill of rights! (1-10 ammendments)

Answer 33

1. restrict gov power in areas of religion, speech, press, assembly, and petitioning gov 2. arms 3. no forced quatering troops in homes 4. no unreasonable search/seizure 5. right to jury, protection against double jeopardy and self incrimination, right to compensation when private property is taken 6. speedy trial, confront witnesses, right to counsel 7. trial by jury in certain civil cases 8. no excessive bail, fines or cruel and unusual punishment 9. protection of rights not in Con 10. powers feds don't have are states and peoples

Question 34

a. Gitlow v. New York b. due process clause

Answer 34

a. gitlow was commie gov was like no, sc also said no b. the clause in the 14th amendment that restricts state govs from denying citizens their life, liberty, or property without legal safe guards

Question 35

a. establishment clause b. Free exercise clause

Answer 35

a. 1st amendment protection against the gov requiring citizens to join or support a religion b. 1st amendment protection of the rights of individuals to exercise and express their reiligous beliefs

Question 36

a. Board of Education v. Allen b. Engel v. Vitale

Answer 36

a. affirmed the principle that there could be some permissible forms of taxpayers support for private religious schools, NY law provided textbooks for all schools in NY (including private schools) b. SC ruled that school sponsored prayer was not cool (violated establishment clause)

Question 37

a. Abington School district v. Schempp b. Lemon v. Kurtzman

Answer 37

a. SC struck down a program that involved reading ten bible verses and recitation of a prayer in Pennsylvania b. Rhode Island and Pennsylvania gov supplemented private teacher salaries for teaching nonreligious courses, SC struck down both programs

Question 38

a. Wisconsin v. Yoder b. Employment Division v. Smith

Answer 38

a. Amish were like we don't want our kids to have to be in school at 16 it violates our religious rights, SC agreed and law was struck down b. Two men were fired for using an illegal drug for religious purposes. SC said the the law against the drug was okay because it wasn't about religion

Question 39

a. Schneck v. US b. Brandenburg v. Ohio

Answer 39

a. Schneck distributed antiwar/draft leaflets, gov was like no and SC agreed b. KKK leader was saying dangerous stuff, got arrested, SC disagreed and his conviction was overturned

Question 40

a. prior restraint b. NYC v. US

Answer 40

a. suppression of material prior to publication on the grounds that it might endanger national security b. NYC had (stolen) papers that made the pentagon look bad, gov was trying to ge them to not publish, SC said they could publish

Question 41

a. Tinker v. Des Moines b. Morse v. Frederick

Answer 41

a. high schoolers wore black armbands in protest of Vietnam War, school suspended them, SC said school was wrong b. student held up sign about drugs in school assembly, got suspended SC said the suspension was warranted

Question 42

a. New York times v. Sullivan b. Roth v. US

Answer 42

a. NYT published stuff that was untrue SC said it was not libel or slander as it was not published with actual malice/ the publishers didn't know it was untrue b. defined standard for obscenity to be whether it apply's to contemporary standards and is of prurient interest

Question 43

a. Miller v. California b. De Jonge v. Oregon

Answer 43

a. SC clarified three criteria for obscenity: patently offensive, utterly without redeeming social value, contemporary community standards must be applied (diff places diff standards) b. overturned Oregon law under which a member of the communist party had been sentenced to prison for 7 years for holding a public meeting

Question 44

a. District of Columbia v. Heller b. Mcdonald v. Chicago

Answer 44

a. overturned law the banned handgun ownership for the purpose of self defense within an individuals home b. overturned Chicago ban on handgun ownership (2nd amendment was incorporated)

Question 45

a. ex post facto laws b. bill of attainder c. writ of habeas corpus d. procedural due process

Answer 45

a. laws criminalizing conduct that was legal at the time it occurred b. a law passed by Congress punishing an individual without a trial c. a document setting out reasons for an arrest or detention d. a judicial standard requiring that fairness be applied to all individuals equally

Question 46

a. exclusionary rule b. double jeopardy c. Miranda rights

Answer 46

a. a rule that evidence obtained without a warrant is inadmissible in court b. protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction c. right to remain silent and to have an attorney present during questioning

Question 47

a. Mapp v. Ohio b. Miranda v. Arizona c. Gideon v. Wainwright

Answer 47

a. established exclusionary rule, police searched her home without a warrant and found stuff that violated a obscenity law b. dude was questioned without an attorney present and signed a confession, SC overturned his conviction c. Gideon asked for an attorney, wain was like nah, Gideon appealed to SC and Sc overturned his conviction

Question 48

a. Furman v. Georgia b. Gregg v. Georgia

Answer 48

a. invalidated use of death penalty according to the states laws at the time, they were discriminatory b. rewritten death penalty laws were found to constitutional

Question 49

a. Griswold v. Connecticut b. Eisenstadt v. Baird

Answer 49

a. stated Con protects right to privacy, overturned law that prohibited contraceptives and medical advice about them (for married couples) b. extended that right to unmarried individuals

Question 50

a. Lawrence v. Texas b. Roe v. Wade

Answer 50

a. struck down law making same sex sexual conduct illegal (still relates to privacy) b. struck down Texas law that made abortion illegal, still right to privacy

Question 51

a. Dred Scott v. Sangford b. de jure segregation c. de facto segregation

Answer 51

a. SC ruled that (scott) former slaves and descendants of slaves were not citizens b. segregation by law c, separation not by law but because of things like housing patterns

Question 52

a. Swann v. Charlotte-Mecklenburg Board of Education b. Milliken v. Bradley

Answer 52

a. busing as a way to desegregate schools, SC said that was cool b. segregation cause by residential housing patterns ( not on purpose) is cool said SC

Question 53

a. Regents of the University of California v. Bakke b. Gratz v. Bollinger c. Grutter v. Bollinger

Answer 53

a. Bakke (white) did not get in and was salty about it, SC said the school should admit him but affirmative action was still cool b. use of points system to get into college (POC got you points), SC said point system was bad but using race in your considerations was not (student didn't get into undergraduate school) c. again said it was cool to use race as a factor (student didn't get into law school and sued)

Question 54

a. Civil Rights Act of 1964 b. Voting Rights Act of 1965

Answer 54

a. legislation outlawed racial segregation in schools and public places and authorizing the attorney general to sue places that didn't cooperate b. outlawing literacy tests and authorizing the JD to send feds to register voters in uncooperative places

Question 55

a. 19th amendement b. Title IX of Higher Education Amendments

Answer 55

a. women can vote! b. prohibits sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports

Question 56

The articles of the constitution (1-4): 1. 2. 3. 4.

Answer 56

1. Article of the Constitution that defines the Legislative Branch, it's powers, members, and workings. 2. Article of the Constitution that defines the Executive Branch, it's powers, duties, and means of removal. 3. Article of the Constitution that sets up the Judicial Branch and defines treason. 4. Article of the Constitution that regulates the states' powers, and their interaction with the National government.

Question 57

The articles of the constitution (5-7): 5. 6. 7.

Answer 57

5. Article of the Constitution that sets up the amendment process. 6. Article of the Constitution that sets the status of the Constitution as the supreme law of the land, to which leaders must be loyal. 7. Article of the Constitution that addresses ratification and declares that the constitution should take affect if 9 out of 13 states ratify.