AP Gov U3
The Fifth Amendment's second procedural protection is the Double Jeopardy Clause, which provides: U6 MC 5th VIC
"[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb."
Justice Black explained in an oft-quoted passage in Green v. United States (1957), U6 MC 5th VIC
"[t]he underlying idea . . . is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense . . . ."
For handling cases at the courts of appeal level, the United States is divided into __________ judicial circuits, including one for the District of Columbia. IVB Ch.16 TB
12
Which of the following amendments made the precedent in Wisconsin v. Yoder applicable to the state?
14th Amendment.
Cases that Protect Civil Liberties Which of the following correctly identifies a case that involved 1st Amendment rights and a case that involved the rights of the accused? U3 Interpretation Bill of Rights AIO LOR-2.B.1
1st Amendment Rights- Citizens United v. Federal Election Commission Rights of the Accused- Gideon v. Wainwright
About __________ of nominees to the Supreme Court fail to be confirmed.
20 percent
Today grand juries are often composed of U6 MC 5th VIC
24 citizens
As a practical matter, almost all the rights in the Bill of Rights have been incorporated against the states. The exceptions are
3rd, 5th right to a grand jury trial, 7th right to jury trial in civil cases& 8th's prohibition on excessive fines
As a practical matter, almost all the rights in the Bill of Rights have been incorporated against the states. The exceptions are U6 MCR 14th DP IVB
3rd, 5th right to a grand jury trial, 7th right to jury trial in civil cases& 8th's prohibition on excessive fines
In the Supreme Court Decision Loving v. Virginia (1976), the Supreme Court ruled that a Virginia anti miscegenation statute, which banned interracial marriage was unconstitutional, "Under our Constitution," wrote Chief Justice Earl Warren, "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State." Which type of case below would represent the best use of Loving v. Virginia as precedent before the Supreme Court? U3 Independent Judicial System AIO CON-5.B.1
A case before the court on a state law that banned same sex marriage.
The views expressed in Federalist No.78 are best seen as evidence of which of the following in late 18th century American society? U3 Independent Judicial System AIO CON-5.A.1
A concern that disagreements between the states which occurred during the Confederation necessitated the creation of a national judiciary.
Constitutional Power of the Federal Courts "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State (Links to an external site.)Links to an external site.,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." U.S. Constitution Article III, Section 2 Based on the constitutional provision above, in which of the following cases would federal courts have jurisdiction? U3 Independent Judicial System AIO CON-5.A.1
A lawsuit brought by the national government.
When the Warren Court overturned Plessy v. Ferguson, the decision led to a serious backlash. Which public reaction at the time challenged the legitimacy of the Court's action in overturning the "separate but equal" precedent in favor of "separate is inherently unequal?"
A movement to impeach the Chief Justice of the Supreme Court for exceeding his authority and "legislating from the bench."
Which of the following groups would most likely support the expansion of judicial review?
Advocates of judicial activism.
In which of the following instance can the Supreme Court utilize the power of judicial review?
After an executive order is issued and challenged in the courts.
In which of the following instance can the Supreme Court utilize the power of judicial review? U3 Independent Judicial System AIO CON-5.A.1 Correct!
After an executive order is issued and challenged in the courts.
Wisconsin v. Yoder - Individual Interest Which of the following most accurately describes the individual interest in the case of Wisconsin v. Yoder ? U3 Interpretation Bill of Rights AIO LOR-2.C.1
Amish Church standards deemed secondary education unnecessary and a potential danger to their salvation.
Which of the following correctly describes a method by which another political institution can limit the policy-making authority of Congress? U1 Policy Making Process AIO PMI-1.A.2
An executive agency can use discretionary authority granted by Congress to determine how to implement legislation.
Alexander Hamilton, the author of Federalist No.78, most strongly supports which of the following of the statements about a national judiciary? U1 Policy Making Process AIO PMI-1.A.2
An independent, national judiciary is the best safeguard of the integrity of the Constitution.
In Gideon v. Wainwright (1963), the Court held that
Any defendant facing prison time are entitle to a court-appointed lawyer
In Gideon v. Wainwright (1963), the Court held that AP Gov U3 Readings 6th F18
Any defendant facing prison time are entitle to a court-appointed lawyer
In which of the following ways can a president best increase the likelihood that a nominee to the Supreme Court will be confirmed? U3 Independent Judicial System AIO CON-5.C.1
Appoint someone who is not ideologically extreme.
The Debate Which of the following best summarizes the debate reflected in Plessy v. Ferguson (1896)? U3 Restrict & Protecting CR AIO CON-6.A.1
Are "separate but equal" provisions for private services authorized by state governments constitutional under the Equal Protection Clause of the 14th Amendment?
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives" IB U1 Consitution
Article I
Open the door to equal protection challenges in redistricting of the "one person, one vote" doctrine by ruling that challenges to redistricting did not raise "political questions" that would keep the federal courts from reviewing such challenges. AP GOV MK Cases CON-3
Baker v. Carr (1961)
Prohibits a person being found guilty of a crime without a trial. VIB U6 5S Voc
Bill of attainder
The Bill of Rights was adopted primarily in response to
British abuses of the colonists' civil liberties.
The "separate but equal" doctrine remained in effect until the Court's ruling in U6 MCR 14th DP EP IVB
Brown v Board of Educ
The concept of Stare Decisis and judicial precedent have long been used by the Supreme Court to adjudicate cases brought before the COurt. Which Supreme Court case below represents a break with both of these processes in which the Court became a change agent to address problems in American Society?
Brown v. Board of Educ
Supreme Court decision that set the president to overturn Plessy v. Ferguson; ended legal segregation, said school segregation is unconstitutional. VIA U6 5S Voc
Brown v. Board of Education
Which of the following Supreme Court decisions necessitated situations such as that captured above in Norman Rockwell's The Problems We All Live With? U3 14th Advance Equality AIO PRD-1.A
Brown v. Board of Education of Topeka
The __________ banned sex discrimination in employment by law. VIB Ch.5 TB
Civil Rights Act of 1964
Through passage of Title IX of the Education Amendment of 1972, the federal government was specifically attempting to extend the provisions of which of the following? U3 Gov Response Social Movement AIO PRD-3.A.1
Civil Rights Act of 1964
Expansion of protection against discrimination in the work place. VIA U6 Ch.5 Voc
Civil Rights Act of 1991
Constitutional freedoms guaranteed to all citizens.VIB U6 5S Voc
Civil liberties
A system of hiring and promotion based on the merit principle. IVB Ch.15 Voc
Civil service
Justice or justices who agree with the majority's opinion but not with the reason behind the decision. IB Ch.16 Voc
Concurring opinion
The Constitution provides multiple methods through which the branches of government can limit the power of other branches. Which of the following represents one of the methods by which the impact of a Supreme Court decision can be limited by another branch? U3 Independent Judicial System AIO CON-5.C.1
Congress can propose a constitutional amendment.
Limiting the Impact of United States v. Lopez In United States v. Lopez, the Supreme Court limited Congress use of the commerce power by declaring that Congress could not use the commerce power to make it a federal crime to posses guns in schools, in which of the following ways did Congress uses its powers to limit the impact of the Supreme Court's ruling in this case? U3 Independent Judicial System AIO CON-5.C.1
Congress passed a slightly modified Gun-Free School Zones Act.
Federal courts that review decisions of federal district courts, regulatory commissions, and federal courts. IB Ch.16 Voc
Courts of Appeals
The Court rules that the prosecution may not introduce out-of-court statements by nontestifying witnesses when those statements are "testimonial AP Gov U3 Readings 6th F18
Crawford v. Washington (2004)
Segregation based on housing patterns. VIB Ch.5 Voc
De facto segregation
Lowest level of federal courts, where federal cases begin and trails are held. IB Ch.16 Voc
District courts
The protection against arbitrary action by the state. VIC Ch.5 Voc
Due Process
In the landmark decision Obergefell v. Hodges (2015), the Supreme Court recognized the validity of same-sex marriage. The political cartoon above gives a hint at the constitutional underpinnings of the ruling which included which of the following clauses of the 14th Amendment? U3 14th Advance Equality AIO PRD-1.A
Due Process and Equal Protection Clause
The ideology in Wisconsin v. Yoder is similar to that of which of the following SC cases? U3 Interpretation Bill of Rights AIO LOR-2.C.1
Engel v. Vitale.
Part of the 1st Amendment "Congress shall make no law respecting an establishment of religion. VIB Ch.4 Voc
Establishment clause
Laws applied to acts committed before passage of the laws. They are unconstitutional. VIB U6 5S Voc
Ex post facto laws
In Kastigar v. United States (1972) the Court ruled that U6 MC 5th VIC
Except for a perjury prosecution, neither the witness's immunized statements nor any evidence deriving from those statements may be admitted against him or her in a criminal prosecution.
Evidence cannot be introduced into trial if it was not constitutionally obtained. VIB Ch.4 Voc
Exclusionary rule
President Bush Vetoes Water Resources Development Act of 2007 Unit 1 Separation Check & Balances
Executive checks Legislative President Bush veto's the Water Resource Development Act of 2007.
A rule issued by the president that has the force of law
Executive order
The design of the judicial branch protects the Supreme Court's independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. U3 Jud Ch.16 Voc. CON-5
Federalist No. 78
Which of the following options best describes the position of the Federalists and Anti-Federalists during the debates over ratification of the Constitution? U1 Development Constitution AIO Con-1.A.1 F18
Federalist- Favored increasing the power of the federal government over the states Anti-Federalist- Believed a strong central government would abuse the rights of the states
In Chavez v. Martinez (2003), four justices squarely held that violation of Miranda is not a violation of the U6 MC 5th VIC
Fifth Amendment Privilege, which only prohibits the government from admitting compelled statements in a subsequent prosecution of the suspect.
Engel v. Vitale - Ideology The outcome of Engel v. Vital rests most heavily on which of the following ideas reflected in the U.S. Constitution? U3 Interpretation Bill of Rights AIO LOR-2.C.1
First Amendment- Establishment Clause.
The policies of taxation and spending that comprise of the nation's economic policy.
Fiscal policy
Federal categorical grants distributed according to formula specified in law. ID Ch.3 Voc
Formula grant
First Amendment requirement that law cannot prevent free exercise of religion VIB U6 5S Voc
Free-exercise clause
The Court declared that freedoms of speech and press "were fundamental personal rights and liberties protected by the due process clause of the 14th amendment form impairment by the states" in
Gitlow v. New York
the Supreme Court decided to use selective incorporation to apply some of the amendments contained in the Bill of Rights to the states in which court case? U6 MCR 14th DP EP IVB
Gitlow v. New York
The defendant may be retried as long as declaring a mistrial was a "manifest necessity." (a hung jury)
Harris v. New York (1971
prevents terrorist attacks within the United States, reduces America's susceptibility to terrorism, minimizes damage and helps recovery from attacks that do occur; includes Cost Guard, Secrete Service, Border Patrol, Immigration and Isa Services, and Federal Emergency Management Agency (FEMA) IVB Ch.15 V/5S
Homeland Security (2002)
The Due Process Clause of the 14th Amendment protects the followings rights against the states U6 MCR 14th DP IVB I. procedural protections II. individual rights III. civil rights IV. states rights V. fundamental rights
I, II, III & V
The Court has determined that due process requires, at a minimum: U6 MCR 14th DP IVB I. Notice II. Informed of the right to remain silent III. An opportunity to be heard IV. Informed of the right to councel V. An impartial tribunal
I, III, & V
Which of the following would be the direct result for a justice if he or she were to break the "good behavior" requirement of Article III of the Constitution? U3 Independent Judicial System AIO CON-5.A.1
Impeachment
Which governmental principle does the right to a jury trail support? AP Gov U1 Ch.2 PMI-1 WQ F18
Individual liberties Baker v. Carr (1962) was remanded back to the lower court because the Supreme Court
A written agreement between two or more states ID Ch.3 Fed Voc
Interstate compact
Which of the following statements is true regarding the Court's decision in Marbury v. Madison (1803)?
It overturned part of an act of Congress.
Which of the following Supreme Court cases offers the best comparison between Judicial Activism and Judicial Restraint? U3 Independent Judicial System AIO CON-5.B.4
Judicial Activism- Brown v. Board of Educ Judicial Restraint- Gibbons v. Ogden
Judicial Activism vs. Judicial Restraint There exists an ongoing debate regarding judicial activism v. judicial restraint in the United States. Which comparison below is the most accurate description of the difference between judicial activism and judicial restraint. U3 Independent Judicial System AIO CON-5.B.4
Judicial Activism- When judges issue decisions based on personal opinion, rather than on existing law. Judicial Restraint- When judges base their decisions on the intent of legislation and a strict interpretation of the Constitution.
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislature. IC Ch.16 Voc
Judicial restraint
Groups that advocate for which of the following would most likely to oppose the expansion of judicial review implied by Marbury v. Madison?
Judicial restraint.
Which constitutional principles is best embodied in Marshall's statement "[i]t is emphatically the province and duty of the Judicial Department to say what the law is"?
Judicial review.
Which of the following led to the development of the federal court system after the ratification of the Constitution? U3 Independent Judicial System AIO CON-5.A.1
Judiciary Act of 1789.
Which of the following describes a limit on the ability of interest groups to achieve their public policy goals? U1 Policy Making Process AIO PMI-1.A.2
Legislation promoted by interest groups can be challenged in federal courts and found to violate the Constitution.
Which of the following best describes a major assumption made by Alexander Hamilton in Federalist No.78? U3 Independent Judicial System AIO CON-5.A.1
Legislative authority would remain the weakest of the three branches of the national government.
U.S. House of Representatives Benghazi Hearings 2013 Unit 1 Separation Check & Balances
Legislative checks Executive The U.S. House of Representatives Armed Services Committee Sub Committee on Oversight and Investigation calls members of the Presidents executive branch into hearings over the killing of the US Ambassador.
Standard set by the Supreme Court in Lemon v. Kurtzman to measure the constitutionality of a state law in regard to freedom of religion. VIB U6 5S Voc
Lemon Test
The term is used in politics to mean a test of ideological purity, a way of finding out whether a judge is a dyed in the wool liberal or conservative, or what his or her views are on a controversial question. IB Ch.16 Voc
Litmus test
An agreement by two or more lawmakers to support each other's bills IVA Ch.12 Voc
Logrolling
The Supreme Court ruled that illegally obtained evidence of a crime is excluded in which of the following cases?
Mapp v. Ohio
Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch the violates that Constitution. AP GOV MK Cases CON-5
Marbury v. Madison (1803)
Which of the following best reflects Marbury's perspective in the Marbury v. Madison court case? U3 Independent Judicial System AIO CON-5.A.1
Marbury wanted Madison to do his job and deliver his commission
__________ was a young local minister who was thrust into the national spotlight in 1955-1956 as the leader of the Montgomery Bus Boycott. VIB Ch.5 TB
Martin Luther King, Jr.
Which of the following Supreme Court decisions under the leadership of Chief Justice Roberts goes against the current ideological makeup of the Court? U3 Independent Judicial System AIO CON-5.B.1
Massachusetts v. EPA (2007) in which the Court ruled that the Environmental Protection Agency has the authority to regulate greenhouse gases, which effectively backed the belief that these emissions are tied to global warming.
The Second Amendment right to keep and bear arms for self-defense is applicable to the states AP Gov U3 MK Cases LOR-3
McDonald v. Chicago (2010)
The most important, and controversial, decision applying the Fifth Amendment Privilege outside the criminal trial is U6 MC 5th VIC
Miranda v. Arizona (1966)
Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security AP Gov U3 MK Cases LOR-2 Correct Answer
New York Times Co. v. United States (1971) You Answered
The Court recognized the right of same sex marriage in U6 MCR 14th DP IVB
Obergefell v. Hodges 2015
A view that the Constitution should be interpreted according to the original intent of the framer. IC Ch.16 Voc
Original intent
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts of the case. IB Ch.16 Voc
Original jurisdiction
The President selects federal court judges who are of similar in political views to his views. IC Voc
Party affiliation
passed after the assassination of Garfield by a disappointed office-seeker; replaced the spoils system with a merit system as the basis for hiring and promotion. IVB Ch.15 Voc 5S
Pendleton Act -Civil Service Act of 1883
Which of the following best describes the information in the map? U1 Foundations Federalism AIO PMI-4
Per pupil spending in most states is less than $18,000 per year.
The defense and prosecutor agree that the defendant will plead guilty to a lesser crime. Ch. 4 Voc
Plea bargaining
The Supreme Court case that upheld separate-but equal segregation in 1896. VIA U6 5S Voc
Plessy v. Ferguson
In which of the following ways does the president have the greatest influence on judicial decisions? U3 Independent Judicial System AIO CON-5.C.1
Presidents generally appoint judges with whom they share political ideologies.
censorship of a publication before it is published VIB U6 5S Voc
Prior restraint
The police have reason to believe that a person should be arrested. VIB Ch.4 Voc
Probable cause
The government must follow before it deprives an individual of life, liberty, or property. U6 MCR 14th DP IVB
Procedural due process
Civil Rights Act of 1964 The Civil Rights Movement of the 1960's led to legislation such as the Civil Rights Act of 1964 that was designed to prevent several different types of discrimination. Which of the following is one of the provisions of that legislation? U3 Gov Response Social Movement AIO PRD-3.A.1
Prohibition of discrimination in public accommodations.
As professional police forces came into being and took charge of investigations AP Gov U3 Readings 6th F18
Public prosecutors steadily displaced victims, and then defendants who could afford to increasingly hired lawyers to level the playing field.
Based on Federalist No.78 and your knowledge of the New Deal era, which of the following best describes President Franklin Roosevelt's relationship with the Supreme Court? U3 Independent Judicial System AIO CON-5.A.1
Roosevelt hoped to refashion the composition of the Supreme Court to make it more amenable to his New Deal agenda.
Accusing oneself or giving evidence that may prove oneself guilty VIB U6 5S Voc
Self-incrimination
Accusing oneself or giving evidence that may prove oneself guilty VIB U6 5S Voc Correct!
Self-incrimination
An individual accused of a crime is compelled to be a witness against himself in court. Part of the 5th Amendment rights VIB Ch.4 Voc
Self-incrimination
Which of the following is an accurate comparison of floor debate in the Senate and House and Representatives? U2 Leg Branch Rep Ideal AIO CON-3.A.2
Senate- Debate rules tend to serve the minority party House of Representatives- Debate rules tend to serve the majority party
Tinker v. Des Moines Uses A political scientist would most likely use Tinker v. Des Moines to illustrate which of the following? U3 Interpretation Bill of Rights AIO LOR-2.C.2
Since the 1950s the court has more regularly upheld 1st Amendment freedoms of students in public schools.
The person in charge of the appellate court litigation of the federal government. IC Ch.16 Voc
Solicitor general
Required by the Constitution. Chosen in the House of Representatives by the majority party and is second in line to succeed the presidency. IVA Ch.12 Voc
Speaker of the House
These procedures are used by bureaucrats to bring uniformity to complex organizations. VD Ch.15 Voc
Standard operating procedures
Separate subject-matter committees in each house of Congress that handle bills in different policy areas. IVA Ch.12 Voc
Standing committees
Privileges and Immunities Clause
States are prohibited from unreasonably discriminating against residents of other states.
In which of the following ways was the impact of the Supreme Court's decision in Brown v. Board of Education limited in the years following the ruling? U3 Independent Judicial System AIO CON-5.C.1
States refused to desegregate schools despite the ruling.
If the trend illustrated in the chart holds, which of the following is most likely to occur as it relates to presidential executive orders? U2 Power Pres AIO CON-4.A.2 w
Strict constructionists of executive power will grow more satisfied.
The Supreme Court occasionally issue decisions that are unpopular or cause significant controversy. Which comparison below is the most accurate description of how presidents have responded in these types of situations. U3 Independent Judicial System AIO CON-5.B.3
Supreme Court Case- Brown v. Board of Edu Presidential Reaction- President Eisenhower mobilized the Arkansas National Guard to support the integration of Little Rock's Central High School
The Supreme Court has at times, issued decisions that are quite controversial. Which comparison below best represents congressional support of a controversial Supreme Court decision?
Supreme Court Decision- Brown v. Board of Educ. (1954) requires the desegregation of public schools with all deliberate speed. Congressional Reaction- Congress will delay in passing a Civil Rights Act that outlawed discrimination based on race, color, religion, sex, or national origin until 1964, fully ten years after Brown.
Using actions and symbols rather than words to convey an idea. VIB U6 5S Voc
Symbolic speech
Constitutional Foundations The outcome of Roe v. Wade (1973) rests most heavily on which of the following ideas reflected in the U.S. Constitution? U3 14th Select Incorp. Due Process AIO LOR-3.B.5
The 14th Amendment's concept of personal liberty and restriction of state action.
Cellphone Location Data and Criminal Investigations Timothy Carpenter was suspected of being involved with a series of armed robberies. The FBI used federal law to access the location of Timothy Carpenter on the day of each of those robberies without any warrant. In the case of Carpenter v. U.S. (2017), the Supreme Court ruled that police cannot access the location of individuals historical location without a warrant for that information. Which of the following was most likely the argument made by the victorious party?
The 4th Amendment protects individuals from unlawful search; this case involves a search of Carpenter's phone location without a warrant.
In the case of Barron v. Baltimore (1833) the Supreme Court ruled that U6 MCR 14th DP IVB
The Bill of Rights—comprised of the first ten amendments to the Constitution—originally applied only to the federal government.
Which of the following groups surprisingly supported the concurring opinion of McDonald v. Chicago (2010), when it was first issued? U3 14th Select Incorp. Due Process AIO LOR-3.A.1
The Brady Campaign.
Allows defendants subpoena witnesses to force them to testify at trial. AP Gov U3 Readings 6th F18
The Compulsory Process Clause
Which of the following statements about the Supreme Court case of Marbury v. Madison is FALSE?
The Court ruled that Madison was in the right to withhold Marbury's commission.
Which of the following organizations would most likely advocate for dissenting opinion of Roe v. Wade (1973)? U3 14th Select Incorp. Due Process AIO LOR-3.B.5
The Eagle Forum.
In Plessy v. Ferguson, the main argument of the dissenting opinion rested upon which of the following ideas of the Constitution? U3 Restrict & Protecting CR AIO CON-6.A.1
The Equal Protection Clause.
The basis of the Federal Government's lawsuit in New York Times Company v. U.S. (1971) involved which of the following? U3 Interpretation Bill of Rights AIO LOR-2.C.4
The Espionage Act
The outcome of Wisconsin v. Yoder rests most heavily on which of the following ideas reflected in the U.S. Constitution? U3 Interpretation Bill of Rights AIO LOR-2.C.1
The Free Exercise Clause of the 1st Amendment.
Which of the following is not one way that legislative process is slowed down? U2 Leg Branch Rep Ideal AIO CON-3.B.3
The House of Representatives cloture procedure
Which of the following constitutional principles allowed the events shown in the cartoon? U3 Jud WQ CON-5.C.1
The Senate's advice and consent role
Which of the following describes a scenario in which Congress is exercising its constitutional powers to limit the Supreme Court?
The Supreme Court declares legislation unconstitutional, and Congress responds by eliminating federal court jurisdiction over future cases involving the same issues.
Which of the following describes a scenario in which Congress is exercising its constitutional powers to limit the Supreme Court? U3 Independent Judicial System AIO CON-5.C.1
The Supreme Court declares legislation unconstitutional, and Congress responds by eliminating federal court jurisdiction over future cases involving the same issues.
The __________ is the final interpreter of the content and scope of Americans' civil liberties VIB Ch.4 TB
The U.S. Supreme Court
Congressional Fallout Based on your knowledge of the Vietnam War era, responded to the fallout over New York Times Company v. U.S. (1971) by passing which of the following? U3 Interpretation Bill of Rights AIO LOR-2.C.4
The War Powers Act
Which foreign policy reality might limit what the Senate can do in this scenario? AP Gov U2 Ch.12 Congress WQ CON-4.A.2
The War Powers Act gives the president freedom to act with the military for a limited time>
"To enable the Court to issue a mandamus to compel the delivery of the commission of a public office by the Secretary of State, it must be shown that is is an exercise of appellate jurisdiction, or that it be necessary to enable them to exercise appellate jurisdiction. It is the essential criterion of appellate jurisdiction that it revise and corrects the proceedings in a cause already instituted, and does not create the cause," Marbury v. Madison (1803) The court's power of judicial review was established by the Supreme Court's decision in Marbury v. Madison, as referenced in the excerpt from Marbury above, which provision of the Constitution did the the Court find that the judiciary Act of 1789 had violated?
The ability of Congress to change the Supreme Court's original jurisdiction.
Which of the following government actions is most likely to be consistent with the restrictions placed on the government by the Bill of Rights? U3 Interpretation Bill of Rights AIO LOR-2.C.2
The board of education for a public school system approves a rule prohibiting students from wearing clothing with messages that have previously led to significant disruption.
Tinker v. Des Moines most likely resulted in a majority decision because: U3 Interpretation Bill of Rights AIO LOR-2.A.3
The court reasoned that students expression would not have resulted in a disruption.
Which of the following events led directly to the Marbury v. Madison court case? U3 Independent Judicial System AIO CON-5.A.1
The election of Thomas Jefferson.
"Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." Alexander Hamilton, Federalist Paper: No.78 (1788) Which of the following is the concern of the Anti-Federalist regarding the Constitution that Hamilton is responding to with his argument in the excerpt above? U3 Independent Judicial System AIO CON-5.A.1
The extent of the power of the unelected members of the judiciary.
Purpose of the Federalist No.78 "Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." Alexander Hamilton, Federalist Paper: No.78 (1788) Which of the following is the concern of the Anti-Federalist regarding the Constitution that Hamilton is responding to with his argument in the excerpt above? U3
The extent of the power of the unelected members of the judiciary.
A political scientist would most likely us Federalist No.78 to illustrate which of the following?
The independent nature of the national judiciary.
A political scientist would most likely us Federalist No.78 to illustrate which of the following? U3 Independent Judicial System AIO CON-5
The independent nature of the national judiciary.
"Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments." Alexander Hamilton, Federalist Paper: No.78 (1788) Which of the following best describes what Hamilton means in the excerpt above when he says that the judiciary has no influence over "the sword"?
The judiciary must rely on the executive to enforce its decision.
Which of the following best summarizes the debate reflected in Schenck v. U.S.? U3 Interpretation Bill of Rights AIO LOR-2.C.3
The legality of anti-conscription speech in wartime. f
Tinker v. Des Moines - Outcome Which of the following most clearly states the outcomes of Tinker v. Des Moines? U3 Interp Bill of Rights AIO LOR-2.C.2
The majority of the court found that the 1st Amendment's freedom of speech protection applied to public schools and that school administrators have Constitutionally valid reasons for restricting student speech.
Wisconsin v. Yoder - Rights In the majority opinion, the court's decision was clearly based on protecting the free exercise rights of which of the following stakeholders? U3 Interpretation Bill of Rights AIO LOR-2.C.1
The parents.
Limits on Speech "We admit that, in many places and in ordinary times, the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. Aikens v. Wisconsin, 195 U.S. 194 (Links to an external site.)Links to an external site., 205, 206. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force. Gompers v. Bucks Stove & Range Co., 221 U.S. 418 (Links to an external site.)Links to an external site., 439. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." Opinion of the Court, Schenck v. United States (1919) Which of the following best explains why the Court upheld he convictions of the defendants despite their claim of free speech protections? U3 Interpretation Bill of Rights AIO LOR-2.C.3
The rights of the defendants have to be balanced against the rights of the government to maintain order.
Which of the following most clearly states the outcome of Engel v. Vitale? U3 Interpretation Bill of Rights AIO LOR-2.C.1
The school's official prayer was ruled unconstitutional.
At the time of the founders most criminal cases were brought by
The victem
Based on Article III of the Constitution, which of the following best describes the likely intent of the appellate jurisdiction of the Supreme Court? U3 Independent Judicial System AIO CON-5.A.1
To allow the Supreme Court to consider lower court decisions.
An important player at the district court level in each district is the __________, nominated by the President and confirmed by the Senate. He or she serves at the discretion of the President. IVB Ch.16 TB
U.S. attorney
The portion of the Federal budget that is spent on programs, such as Social Security, that the president and Congress are unwilling to cut. VD Ch.15 Voc
Uncontrollable spending
Which of the following gives the best justification for the Supreme Court's power of judicial review as established by the landmark Supreme Court case Marbury v. Madison? U3 Independent Judicial System AIO CON-5.A.1
Vested Power.
The events and scandal surrounding a break-in at the Democratic National Committee headquarters in 1972. Lead to President Nixon's resignation. IVB Ch.13 Voc
Watergate
An order by the Court to send up the records of a case for review, usually requires the need to interpret law or decide a constitutional question. IB Ch.16 Voc
Write of Certiorari
At the beginning of each new term, the Senate IVA Ch.12 TB
adopts rules of procedure.
Courts with __________ hear cases brought to them on appeal from a lower court. IVB Ch.16 TB
appellate jurisdiction
The Court held in Michigan v. Tucker (1974) that Miranda's exclusionary rule
applied only to the defendant's statements, not to testimony by other witnesses whom the police discovered on the basis of the defendant's statements.
The right not to "be compelled in any criminal case to be a witness against" oneself. This right is often referred to as the
as the right to "take the Fifth."
The single most important advantage to someone trying to get elected to Congress is IVC Ch.12 Voc
being an incumbent.
According to Griffin v. California (1965) the jury in a criminal case U6 MC 5th VIC
can't hold the defendant's failure to testify against him or her in any way
An opinion written to stress a different Constitutional or legal basis for the judgment is called a(n) AP Gov Ch.16 Extra TB F15
concurring opinion.
Under the Constitution, Congress has the sole power to IVB Ch.12 TB
declare war.
Baker v. Carr (1962) was remanded back to the lower court because the Supreme Court U2 Leg Branch Rep Ideal AIO CON-3.C.1
desired that the District Court grant relief for the plaintiff.
One major aspect of the Fourteenth Amendment is the U6 MCR 14th DP EP IVB
due process
Given their six-year term of office, Senators can afford to take a longer view on policy, especially when it comes to U2 Leg Branch Rep Ideal AIO CON-3.B.2
foreign affairs.
Political knowledge IE Ch.1 TB
fosters political tolerance.
During the time of the Founders juries were generally? AP Gov Readings 6th F18
from the community and knew both the victim and the accused and served as a check on the governments power to punish.
Rights that are not specifically enumerated elsewhere in the Constitution, including the right to marry, the right to use contraception, and the right to abortion. U6 MCR 14th DP IVB
fundamental rights
A panel of citizens that hears evidence that the prosecutor has against the accused, and decides if an "indictment," or formal criminal charges, should be filed against them. U6 MC 5th VIC
grand jury
The application of the Bill of Rights to the states
has been done by the Court on a case-by-case basis.
Judicial __________ refers to how and whether court decisions are translated into real policy, affecting the behavior of others. AP Gov Ch.16 Extra TB F15
implementation
One of the most important factors that brings potential federal judges to the attention of senators and the Department of Justice is their AP Gov Ch.16 Extra TB F15
involvement in partisan politics.
In the case of Craig v. Boren, the Supreme Court ruled that
it would employ a "medium scrutiny" standard: sex discrimination would be treated as neither valid nor invalid.
One constraint on federal courts is that they may decide only IVB Ch.16 TB
justiciable disputes.
The Court in Griswold v Connecticut found that unlike the "freedom of contract," the "right to privacy"
may be inferred from the penumbras—or shadowy edges—of rights that are enumerated
As the country moved into the 1970s and 1980s, the issue of equal protection under the law
moved on to involve other minority groups, as well as the disabled and, more recently, gays and lesbians.
In considering gender discrimination in employment and business activity, the Supreme Court has ruled that any prerequisites based on gender or appearance VIB Ch.5 TB
must have a direct relationship with the duties required in a particular position, or are otherwise discriminatory.
John Locke's ideas on natural rights were related to human law in that IE Ch.2 TB
natural rights were considered higher than human law.
The Supreme Court has held that federal grand juries
need not adhere to trial rules of evidence, or be told of evidence exculpating the defendant
The Supreme Court has held that federal grand juries U6 MC 5th VIC
need not adhere to trial rules of evidence, or be told of evidence exculpating the defendant
Principal reasons for the Court's choosing to hear a case would include each of the following EXCEPT AP Gov Ch.16 Extra TB F15
politically hot and divisive cases.
All courts rely heavily upon __________ [] the way similar cases were handled in the past-as a guide to current decisions. AP Gov Ch.16 Extra TB F15
precedent
The Court has interpreted the term "speedy
quite leniently; delays of several years are sometimes permissible
The Court has interpreted the term "speedy" AP Gov U3 Readings 6th F18
quite leniently; delays of several years are sometimes permissible
The view that judges should play a minimal role in policy making is called judicial IVB Ch.16 TB
restraint.
The House Rules Committee IVA Ch.12 R, 61% F15, 64% F17
reviews most bills coming from committee before they go to the full House.
The Court has enforced the "public" aspect of the trial right
strictly. Criminal proceedings may be closed to the public and the media only for "overriding" reasons, such as national security, public safety, or a victim's serious privacy interests.
In Griffin v. California (1965) the Court
struck down a California rule of evidence that allowed the jury in a criminal case to consider as evidence of guilt the defendant's failure to testify
Among the concurrent powers of the U.S. system are ID Ch.3 TB
taxation.
The Court has also further cut back on Miranda's exclusionary rule, holding in United States v. Patane (2004) U6 MC 5th VIC
that as long as the defendant's statements were voluntary, any physical fruits of them are admissible.
In the 1970 case of Goldberg v. Kelly, the Court found U6 MCR 14th DP IVB
that some governmental benefits—in that case, welfare benefits—amount to "property" with due process protections.
The Bill of Rights was written and proposed by
the First Congress of the U.S. in 1789.
In the case of The Slaughter-House Case (1873) the Supreme Court ruled that
the Fourteenth Amendment provided little additional protections of individual rights against the states.
In United States v. Lopez (1995), the federal government's principle argument was that U1 Foundations Federalism AIO CON-2.B.2
the existence of firearms in schools would jeopardize the economy by increasing insurance rates and inhibiting student learning.
As early as 1884, the Supreme Court held that U6 MC 5th VIC
the grand jury is not a fundamental requirement of due process,
The Court view of "total incorporation," which applies all amendments of the Bill of Rights to the states has been
the majority has not excepted the total incorporation doctrine.
Until the Civil War, the dominant questions before the Supreme Court regarded AP Gov Ch.16 Extra TB F15
the powers and legitimacy of the federal government.
Usually more than 90 percent of Presidents' judicial nominations are members of AP Gov Ch.16 Extra TB F15
their own party.
The power to directly regulate drinking ages, marriage and divorce, and sexual behavior and the like has been granted IE Ch.3 TB
to state governments.
As judges developed rules of evidence and procedure and gave the lawyers a say in selecting and instructing juries, AP Gov U3 Readings 6th F18
trials grew longer and more complex.
The Federalists believed that a nation dominated by factions would lead to IA Ch.2 TB
tyranny of the majority
In the case of Regents of the University of California v. Bakke, the U.S. Supreme Court VIB Ch.5 TB
upheld affirmative action programs, but limited their scope, and outlawed racial quota set-asides.
Some believe the War Powers Resolution could be successfully overturned by the Supreme Court because it IVB Ch.13 TB
uses a legislative veto, which may violate the separation of powers.
In Griswold v Connecticut the struct down state bands on the use of contraception by married couples on the ground that it U6 MCR 14th DP IVB
violated their "right to privacy."
The Supreme Court over time has ruled that AP Gov U3 Readings 6th F18
virtually all of the 6th Amendment applies to both the federal and state prosecutions
When constituency opinion and the President's proposals conflict, members of Congress are more likely to IVB Ch.13 TB
vote with their constituents.
Politics is defined as IE Ch.1 TB
who gets what, when, and how.
