Test 2 Flashcards

1
Q

The 13th, 14th, & 15th, amendments were important for:

A

The freedoms and rights of blacks

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2
Q

Legislative acts that make an individual guilty of a crime without a trial are

A

Bills of attainder

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3
Q

The Supreme Court extended the sixth amendment right to counsel to the state in

A

Gideon v. Wainwright 1963

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4
Q

Statements that the police are required to make to a person before that person is subject to in custody questioning are known as

A

Miranda warnings

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5
Q

The Supreme Court added the exclusionary rule to the states in

A

Mapp v. Ohio 1961

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6
Q

Women finally earned the right to vote in 1920 through the ________ Amendment

A

19th

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7
Q

The NAACP Began their litigation strategy To answer Segregation they chose to begin By challenging segregation in

A

Professional and post graduate schools

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8
Q

In Lynch v Donnelly 1984, the Supreme Court upheld placing a publicly founded Christmas nativity scene on public property on the grounds that

A

The display celebrated a national holiday and did not have the primary effect of advancing religion.

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9
Q

The Bill of Rights imposed limits initially

A

On the national government, but not on state government

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10
Q

The establishment clause

A

Bats government sponsorship or or support of religious activity

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11
Q

The Supreme Court struck down the daily reading of a nondenominational in New York’s public schools in

A

Eagle v. Vitale 1962

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12
Q

What is “prior restraint”?

A

Censorship before publication

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13
Q

The Supreme Court ruled that individuals arrested for a crime must be apprised for their constitutional rights in the case

A

Miranda v Arizona

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14
Q

In 1914, the Supreme Court ruled “that lawyers in criminal cases are nessities, not luxuries,” in the case

A

Exclusionary rule

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15
Q

In 2000, Supreme Court, in an opinion written by chief justice Rehnquist, reaffirmed the Central Holding of _____ that no admission of guilt is truly voluntary unless suspect has been apprised of his rights

A

Miranda

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16
Q

The right to a speedy and public trial by an impartial jury is guaranteed by the _________ amendment

A

Sixth

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17
Q

In 1972 the Supreme Court expanded on their ruling in Gideon by

A

Expanding right to counsel in offenses less serious than felonies

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18
Q

The Supreme Court has ruled that a jury trial must be held if a prison sentence of _______ is possible

A

Six months

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19
Q

The most frequently challenged part of the jury process has been

A

The method of selecting jurors

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20
Q

The Eighth amendment

A

Prohibits cruel and unusual punishment

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21
Q

In 1972 the Supreme Court ruled that the death penalty was cruel and unusual punishment in

A

Firman v Georgia

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22
Q

The leading interest group opponent of the death penalty in the 1960 was the

A

National Association for the advancement of colored persons ( NAACP)

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23
Q

The right to privacy stems from the idea that some areas of life are off-limits to governmental regulation and is inferred from constitutional rights

A

To freedom of religion, guaranteeing against unreasonable search and seizure, to be left alone

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24
Q

The case Girswold v. Connecticut 1965 involved the issue of

A

Birth control for married couples

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25
Q

A state program loans science textbooks to religious schools. A taxpayer sues, claiming the state is helping to establish religion. Based on precedentthe court would most likely decide that

A

The state had a secular purpose, and the benefit was to the students, not the religious institution

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26
Q

How many amendments were originally proposed for the constitution?

A

12

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27
Q

What was one of the first cases which applied the bill of rights to the states?

A

Gitlow v. New York

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28
Q

The sedition act of 1789 is about

A

Stirring up rebellion against government; outlaws false, malicious speech against national government

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29
Q

What was a feature of the “Incorporation Doctrine”

A

That the bill of rights should extend it to the states

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30
Q

The case which boy did New York Regent’s prayer in public schools was

A

ENGEL v. VVITALE

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31
Q

The case which ruled the Bible reading in public schools as a religious exercise when required by the school was unconstitutional was

A

AMBINGTON SCHOOL DISTRICT v. SCHEMPP

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32
Q

In the 1925 Gitlow case, the Supreme Court ruled that some speech could be prohibited if threatened the overthrow of the government or in other ways injured the public welfare. This doctrine came to be known as the

A

“Bad tendency” test

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33
Q

In which case did the Supreme Court rule that the concept of privacy included the right to a legal abortion?

A

Roe v. Wade

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34
Q

In the 1943 Barnett case, the Supreme Court upheld the right to refuse to salute the American flag on the basis of the constitutional guarantee of

A

Free speech

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35
Q

The “establishment clause” of the First Amendment prohibits the government from setting up a church. It also prevents the government from passing laws that

A

Aid one religion, aid all religions, prefer one religion over another

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36
Q

The fifth and 14th amendments provide

A

Do process of law

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37
Q

In which case did the Supreme Court rule that under the fifth amendment perception against self crimination, suspects must clearly be informed of their rights before they are asked questions

A

the Miranda case

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38
Q

In a long series of ruling that began with a 1925 Gitlow, the Supreme Court has

A

Began a process of selective incorporation of the Bill of Rights to the states

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39
Q

Naturalized citizens enjoy the same rights as native born Americans except

A

The right to be elected president or vice president

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40
Q

The clear and present danger test was formulated in

A

“Schenck v. Gennifer”

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41
Q

The Supreme Court held that “dighting words” do not convey ideas and this not subject to first amendment protection in

A

“Chapnlinsky v. New Hampshire” (1942)

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42
Q

The case which set forth the wall and separation doctrine

A

EVERSON v. BOARD OF EDUCATION

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43
Q

In what case did the Supreme Court hold that the first amendment prohibits punishment for publishing statements about the official conduct of public officials except when such statements are made with actual malice?

A

“New York Times Co. v. Sullivan” (1973)

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44
Q

In MILLER v CALIFORNIA (1973) The supreme court,in regard to obscene publications, ruled that

A

The standard of offensiveness could be left to the community

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45
Q

The 10th amendment states that the Powers not delegated to the United States by the constitution, nor prohibited by it to the states, are

A

Reserved to the states, or the people

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46
Q

Of the different ways between ordering relations between central government and local units, the most popular method is

A

A unitary system

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47
Q

Of about 200 countries in the world,

A

The most common political system is a unitary system

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48
Q

What kind of grant-in-aid allows the recipient of the grant the least independence inside determining how the money will be spent?

A

Categorical grant

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49
Q

What event is most associated with the federal government assuming it’s greatest power?

A

The Vietnam war

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50
Q

In 1857 the Supreme Court ruled That slaves were not citizens but property in,

A

Dred Scott v. Sandford

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51
Q

The era of dual federalism ended with the

A

Great depression

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52
Q

In the 1930s, the air of dual federalism came to an end with the great depression. This crisis lead to

A

Unemployment, new ideology of government, an increase in federal power

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53
Q

During the early years of the ‘New deal’, the Supreme Court

A

Rulled many programs unconstitutional

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54
Q

During the early years of the ‘new deal’ the attitude of the Supreme Court towards federal economic intervention could be characterized as

A

Laissez-faire

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55
Q

In response to the Supreme Court’s opposition to many ‘new deal’ programs, FDR suggested

A

Increasing the number of justices from 9 to 13

56
Q

New deal programs lead to an era of federalism often referred to as _______ federalism

A

Cooperative

57
Q

Cooperative federalism is characterized by

A

A strong or more influential national government

58
Q

The first true federal grant program funded

A

Land grant colleges

59
Q

Federal grant programs often have the effect of

A

Making it easier for the federal government to impose national goals on the states

60
Q

In 1964, the Johnson administration launched a broad attempt to combat social ills called

A

The great society

61
Q

By 1970, federal grants I counted for ______ of all state and local spending.

A

20

62
Q

Programs passed by Congress requiring state compliance that come with no appropriated funds are called

A

Unfunded mandates

63
Q

President Reagan preferred less restrictive funding to state and local governments called ______ grants

A

Graints-in-aid

64
Q

Programs to channel federal monies to the states with “no strings” attached or known as

A

Block grants

65
Q

In a country administered under a UNITARY STAYE system of government

A

The national government has complete control over regional government

66
Q

Federal courts created the doctrine of dual federalism in order to:

A

Distinguish between the powers of the federal and state governments

67
Q

In a federal political system, power is

A

Shared between the central government and constituent governments

68
Q

The concept of horizontal federalism deals with

A

Relationships between state governments

69
Q

States may not

A

Make treaties with foreign nations

70
Q

The privileges and immunities clause of the constitution means

A

A citizen of one state cannot be treated as an alien in another state

71
Q

A league of independent states in which the central government handles only those matters of common concern expressly delegated to it is referred to as a

A

Confederal system

72
Q

The state of Maryland impose a tax on the bank of the United States because

A

It feared an extension of centralized political power

73
Q

Unitary systems:

A

Do you not have independent state governments

74
Q

The purpose of federal grants are to

A

Supply state and local governments with revenue, equalize resources among states, attack major problems with the minimum growth in federal agencies

75
Q

The implied powers of the national government

A

Give elasticity to our constitutional system

76
Q

What is the constitutional basis for congresses implied powers?

A

The doctrine of separation of powers

77
Q

This is not the state power according to the 10th amendment

A

Making treaties

78
Q

To which government does eminent domain apply?

A

Both federal and state

79
Q

Which amendments to the US constitution limited states sovereignty

A

The 14th 16th and 24th amendment

80
Q

Federal government obligations to the states include all of the following except

A

Organize and hold elections for state office

81
Q

Which of the following nations is governed by a unitary system of government?

A

Britain

82
Q

The concept of dual federalism pre-failed in the United States until the administration of

A

Franklin D Roosevelt

83
Q

Which of the following is an example of concurrent power?

A

The power to tax

84
Q

Which institution serves as an arbiter or umpire in questions of state versus national powers

A

The supreme court

85
Q

In addition to the doctrine of implied powers, Chief Justice Marshall, and his decision in the Supreme Court case of McCulloch v. Maryland 1819, establish the key concept of

A

National supremacy

86
Q

Much of the growth of big government and of federal social welfare programs took place during the new deal in the 1930s and during the administration of

A

FDR

87
Q

In a confederal political system essential governing unit

A

Has no ability to make laws directly applicable to individuals without the authority of state governments

88
Q

The term enumerated powers refers to

A

The powers specifically granted to the federal government by the Constitution

89
Q

The supremacy clause of the constitution means

A

The states cannot use their reserved or concurrent powers to thawrt national policies

90
Q

Federal systems include

A

USA, Mexico, and Switzerland

91
Q

In the United States, citizens live under

A

Both the US and a state constitution

92
Q

The federal government has compelled the states to raise their drinking age by

A

Threatening to withhold Highway funds

93
Q

The basic premise of federalism is that

A

Two or more governments share power over the same land and people

94
Q

The supreme court extended the sixth amendment right to counsel to the states in

A

“Gideon v. Wainwright” 1963

95
Q

Statements that police are required to make to a person before that person is subject to end custody questioning our known as

A

Miranda warnings

96
Q

The supreme court applied the exclusionary rule to the states in

A

Mapp v. Ohio 1961

97
Q

Woman finally received the right to vote in 1920 through the ______ amendment

A

19th

98
Q

The Supreme Court decision that overturned Plessy 1896 in 1954 was caught

A

Brown v Broad of education of Topeka, Kansas

99
Q

And a case referred to as Brown ||, the Supreme Court ruled that racially segregated school systems must

A

Be dismantled with “all deliberate speed”

100
Q

In 1955, the Montgomery bus boycott began with the intent of Indians segregation on public transport. The catalyst for the boycott was a black person who was arrested for refusing to give up a seat to a white person. The name of this person was

A

Rosa Parks

101
Q

In 1957, a number of black leaders, including Martin Luther King Jr. established a new group to fight for civil rights based in the south called the

A

Southern Christian leadership conference (SCLC)

102
Q

I’m on the tactics used by the civil rights moment where

A

Set ends in boycotts, lawsuits, freedom rides

103
Q

In August 1963, Martin Luther King Jr. led a huge march on _____ that cumulated in his speech titled “I have a dream”

A

Washington

104
Q

The longest filebuster in senate history was an attempt to block the civil rights act of 1964 by

A

Storm Thurmond (D-SC)

105
Q

The supreme court ruled that all vestiges of state imposed Segregation must be eliminated at once and the 1971 case

A

Swan v. Charlotte-Mecklenburg

106
Q

Racial discrimination that results from practice rather than law is called ____discrimination

A

de facto

107
Q

In 1966, a new women’s group is formed that was modeled on the NAACP to prevent discrimination against women. This group was called the

A

National organization of women

108
Q

The ammunition to defeat the ratification of the equal rights amendment came from the supreme courts decision in

A

Roe v. Wade

109
Q

Fundamental freedoms such as religion, press, and privacy are usually a corded a ______standard of review by the court

A

Heightened

110
Q

The writ of habeas corpus protects

A

Persons in confinement

111
Q

The exclusionary rule holds that

A

Evidence obtained from an illegal search and seizure cannot be used in a trial

112
Q

States have the right, according to Roe V. Wade, to regulate or outlaw abortions only in the _____ trimester.

A

Third

113
Q

State imposed racial segregation based on the concept of separate but equal facilities for blacks was upheld by the Supreme Court in

A

Plessy v Ferguson 1896

114
Q

In which case did the Supreme Court declare that “in the field of public education the doctrine of ‘separate but equal’ has no place”?

A

Brown V Board of Education Topeka (1954)

115
Q

Programs designed to overcome the effects of past discrimination are known as

A

Affirmative action

116
Q

The supreme court confronted an affirmative action quota program for the first time in

A

Regents of the University of California V. Bakke

117
Q

In the regions of the University of California V. Bakke, Allen Bakke contended that

A

He had been the victim of reverse discrimination

118
Q

The equal rights amendment declared that “equality of rights under the law shall not be denied or abridged by the United States or any State on account of

A

Sex

119
Q

Martin Luther King Jr.‘s strategy of civil disobedience consisted of

A

Non-violent breaking of laws perceived to be un-just

120
Q

All citizens are guaranteed the “equal protection of the laws” by

A

The 14th amendment

121
Q

Lemon V. Kurtzman established

A

Laws which advanced or inhibited religion were unconstitutional

122
Q

The case which held that the defendant was entitled to counsel even if he cannot hire one

A

Gideon v. Wainwright

123
Q

The case which stated that the defendant had the right to counsel deer in questioning an investigation

A

Escobedo v. Illinois

124
Q

The exclusionary rule can be defined as

A

The principal that evidence, no matter how tell him, may not be used if obtained illegally

125
Q

Geraldine Ferraro is

A

The first woman to run for vice president on a major parties ticket

126
Q

The equal rights amendment was defeated in 1982 because

A

It fell short of the 38 states needed for ratification

127
Q

De facto segregation differs from de jure segregation in that

A

De facto segregation is not done by the government, and de jure segregation is

128
Q

The trial of a person for a crime for which she has already been found not guilty is known as

A

Double Jeopardy

129
Q

The case which stated the separate but equal doctrine

A

Brown v. Board of education of Topeka

130
Q

Freedom from cruel and unusual punishment

Which amendment

A

8th amendment

131
Q

State laws which legally segregated the races were called

A

Jim Crow laws

132
Q

The Plessy V Ferguson was specifically and anonymously overturned by

A

Brown V. Board of education

133
Q

Blacks were kept from voting in the south by devices such as the

A

Literacy test, poll tax, white primacy

134
Q

In which case did the supreme court rule that the constitution does not protect homosexual relationships even in the privacy of their own homes?

A

Bowers v. Hardwick

135
Q

Method by which a law is in forced involves which type of due process

A

Procedural

136
Q

Procedural due process refers to

A

The method by which a law is enforced