THIRD AND FINAL EXAM

Question 1

What does the 1st Amendment guarantee?

Answer 1

Guarantee against establishment of religion
Guarantee of free exercise of religion
Guarantee of freedom of speech
Guarantee of freedom of the press
Guarantee of freedom of assembly
Guarantee of the Right to petition for redress of grievanances

Question 2

What does the 2nd Amendment guarantee?

Answer 2

Right to keep and bear arms

Question 3

What does the 3rd Amendment mean?

Answer 3

the Third Amendment to the U.S. Constitution does not give the government the power to force its citizens to house soldiers except during wartime.

Question 4

What does the 4th amendment prevent?

Answer 4

Unreasonable search and seizure exception of warrant or probable cause.

Question 5

What does the 5th amendment guarantee?

Answer 5

Right to indictment by a grand jury
Protection against double jeopardy
Constitutional privilege against self-incrimination
Protection against taking of private property without just compensation

Question 6

What does the 6th Amendment guarantee?

Answer 6

Right to a speedy trial
Right to a public trial
Right to trial by impartial jury
Right to notice of accusations
Right to confront adverse witnesses

Question 7

What is the lemon test?

Answer 7

Government action violates the Establishment Clause unless it:

1. Has a significant secular (i.e., non-religious) purpose,
2. Does not have the primary effect of advancing or inhibiting religion, and
3. Does not foster excessive entanglement between government and religion.

Question 8

What is the Civil Rights act?

Answer 8

is a landmark piece of civil rights legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public

Question 9

What is the voting rights act?

Answer 9

A law passed at the time of the civil rights movement. It eliminated various devices, such as literacy tests, that had traditionally been used to restrict voting by black people. It authorized the enrollment of voters by federal registrars in states where fewer than fifty percent of the eligible voters were registered or voted. All such states were in the South.

Question 10

What is the Establishment clause?

Answer 10

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.

Question 11

What are some Jim Crow laws

Answer 11

Marriage - “All marriages between a white person and a negro, or between a white person and a person of negro descent to the fourth generation inclusive, are hereby forever prohibited.” (Florida law)
Marriage - “All marriages of white persons with Negroes, Mulattos, Mongolians, or Malaya hereafter contracted in the State of Wyoming are and shall be illegal and void.” (Wyoming law)
Hospitalization - “The Board of Control shall see that proper and distinct apartments are arranged for said patients [in a mental hospital], so that in no cases shall Negroes and white persons be together.” (Georgia law)
Nursing - “No person or corporation shall require any white female nurse to nurse in wards or rooms or hospitals, either public or private, where negro men are placed.” (Alabama law)
Barbering - “No colored person shall serve as a barber [to] white women or girls.” (Georgia law)
Toilets - “Every employer of white or negro males shall provide for such white or negro males reasonably accessible and separate toilet facilities.” (Alabama law)

Question 12

What does the 14th amendment guarantee?

Answer 12

granted citizenship to “all persons born or naturalized in the United States

Question 13

What is De Jure Segregation & what are some examples

Answer 13

Segregation by law.
“Separate but equal”. Blacks and whites were allowed to be segregated as long as they were provided equal rights and conditions.

Question 14

What is De Facto Segregation & what are some examples

Answer 14

Segregation by practice

Blacks voluntarily segregating themselves.

Question 15

What is rational basis review?

Answer 15

refers to the default standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.

Question 16

What is intermediate scrutiny?

Answer 16

is a test used in some contexts to determine a law’s constitutionality. To pass intermediate scrutiny, the challenged law must further an important government interest by means that are substantially related to that interest. As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than rational basis review. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.

Question 17

What is strict scrutiny?

Answer 17

is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

Question 18

What is Libel?

Answer 18

a published false statement that is damaging to a person’s reputation; a written defamation.

Question 19

What is Slander?

Answer 19

the action or crime of making a false spoken statement damaging to a person’s reputation.

Question 20

What is liberalism?

Answer 20

Liberalism emphasizes that the broad ties among states have both made it difficult to define national interest and decreased the usefulness of military power.

Question 21

What is Realism?

Answer 21

According to realism, states work only to increase their own power relative to that of other states. Realism also claims the following:

The world is a harsh and dangerous place. The only certainty in the world is power. A powerful state will always be able to outdo—and outlast—weaker competitors. The most important and reliable form of power is military power.
A state’s primary interest is self-preservation. Therefore, the state must seek power and must always protect itself

Question 22

What is the War Powers Act (resolution)?

Answer 22

requires the following: the President, upon sending troops into military action, must notify Congress within 48 hours that he has done so. The Resolution also forbids military personnel from remaining in a state of conflict for more than 60 days (including an additional 30 days for withdrawal). After that, the President must seek an additional authorization from Congress or a formal declaration of war.

Question 23

What was the Schenck v. United States case about?

Answer 23

concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not alter the well-established law in cases where the attempt was made through expressions that would be protected in other circumstances. In this opinion, Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a “clear and present danger” of succeeding, could be punished.

The Court, in a unanimous opinion written by Justice Oliver Wendell Holmes, Jr., held that Schenck’s criminal conviction was constitutional.

Question 24

What was Near v Minnesota?

Answer 24

was a landmark United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of “malicious” or “scandalous” newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment). Legal scholar and columnist Anthony Lewis called Near the Court’s “first great press case”.[1]

Question 25

What was the Plessy V Ferguson case about?

Answer 25

is a U.S. Supreme Court case from 1896 that upheld the rights of states to pass laws allowing or even requiring racial segregation in public and private institutions such as schools, public transportation, restrooms, and restaurants. The case strengthened the ability of southern states to pass Jim Crow laws discriminating against African Americans and other minorities, and enshrined the doctrine of “separate but equal” as the guiding principle in American race relations and public services. “Separate but equal” remained the law of the land after Plessy v. Ferguson until the Supreme Court invalidated that case with the 1954 decision against segregation in Brown v. Board of Education.

Question 26

Lemon v. Kurtzman definition

Answer 26

The Supreme Court declared that aid to church-related schools must do the following:
1. Have secular legislative purpose
2. Have primary effect that neither advances nor inhibits religion
3. Not foster an excessive government “entanglement” with religion
(freedom of religion)

Question 27

What was the Hearts of Atlanta Motel v. U.S. case about?

Answer 27

This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name provided for “separate but equal” treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans.

Question 28

roe v wade definition

Answer 28

Supreme court decision that stuck down 46 state laws restricting women’s access to abortion (right to privacy)

Question 29

Griswold v Connecticut definition?

Answer 29

CT tried to ban contraception, could not because it’s a private matter. (right to privacy)