Civil Liberties & Rights AP Gov

How are the functions of the legislative, executive and the judicial branches separated and checked in the Constitution?

According to Article III of the Constitution, Congress has the power to establish lower courts. According to Article II, the Senate has the power to confirm presidential appointment of all federal and Supreme Court judges. Marbury v. Madison (1803) established the precedent of judicial review, giving the Supreme Court the power to decide if state and federal laws are constitutional.

What is the difference between de jure and de facto segregation?

After the decision in Brown v. Board of Education (1954), the law regarding the segregation of schools clearly changed. De jure segregation, or legally binding segregation, was ruled unconstitutional. However, states continued to segregate schools through the use of drawing school district lines so as to produce single race school districts, creating de facto segregation.

What are the full faith and credit and privileges and immunities clauses of Article IV of the Constitution?

Article IV of the Constitution requires that states must recognize each other's laws and legal proceedings, or grant each other full faith and credit. The privileges and immunities clause refers to the fact that states may not discriminate against citizens of other states.

How does Article VI of the Constitution establish the supremacy of the federal government?

Article VI states that the Constitution and the laws of the United States are the supreme law of the land. The Court ruled in McCulloch v. Maryland (1918) that federal laws are supreme over state laws, and when a state law comes into conflict with a federal law, the federal law prevails. This has come to be called the supremacy clause.

What are three examples of concurrent powers?

Both federal and state governments make laws for their citizens. Both federal and state governments have the power to tax, to maintain courts, to define crimes, and to appropriate private property for public use (eminent domain). The states may also exercise any power that the Constitution does not reserve for the national government.

What are the differences among categorical grants, block grants, and revenue sharing?

Categorical grants are for specific purposes and often require local matching funds. Block grants are devoted to general purposes with few restrictions. Revenue sharing requires o matching funds and allows much greater freedom in spending decisions.

What are the differences between categorical grants and block grants?

Categorical grants, including project grants and formula grants, are federal aid that meets the criteria of a specific category and have strings attached, such as requirements to obtain the funds. Block grants go to states and local communities for more general purposes, with fewer strings attached. States have greater control over block grants.

What are the differences between civil rights and civil liberties?

Civil liberties are those rights that belong to everyone. They are protections against government and are guaranteed by the Constitution, legislation and judicial decisions. Civil rights are the positive acts of government designed to prevent discrimination and provide equal protection under the laws.

How did Shays' Rebellion demonstrate the weaknesses of the Articles of Confederation?

Daniel Shays led an armed rebellion of debtors in western Massachusetts that the state militia was unable immediately to control. The event forced state governments to acknowledge the need for a stronger central government that could exert stronger controls over its citizens.

Which theory of government claims that small groups of individuals and/or businesses dominate the policy making process in their own interests?

Elitism is the theory of government that claims that small groups of individuals dominate policy making.

What major issue divided large and small states at the Constitutional Convention? How was it resolved?

Equitable representation for large and small states in the legislature. Large states pushed for representation determined by population; small states wanted equal representation for every state. The Great Compromise (also known as the Connecticut Compromise) created a bicameral national legislature.

Of all of the articles, which Federalist Paper was the most famous and significant?

Federalist No. 10. In this article, James Madison explained how a republic would minimize the effect of divisive political factions by dividing power among several different parties. This action would negate the effect of a single faction operating alone.

What were the three central arguments against ratification of the Constitution put forth by the Anti-Federalists?

First, the Anti-Federalists supported states rights and feared a strong central government. Second, they believed that the Constitution would create an elite economic class that would abuse individual rights. Finally, they wanted fewer limits on popular participation in the political process.

What are gag orders, and are they legal?

Gag orders are restrictions placed on the press by judges trying to ensure a fair trial. The Supreme Court, ruling unanimously in Nebraska Press v. Stuart (1976), found that gag orders violate the First Amendment.

What are Thomas Hobbes' arguments in Leviathan?

Hobbes believed that humans are basically selfish, individualistic, and constantly at war with each other. Therefore, people need an institution to govern them and to maintain order. Hobbes argued for a single ruler, even a strong monarch, to protect the rights of the weak against the wishes of the strong.

What is hyper-pluralism?

Hyper-pluralism is the idea that the U.S. contains so many groups that represent so many different interests that there is a virtual deadlock of government action.

What is substantive due process?

If a court decides that a law is unreasonable, it rules that the law violates substantive due process. Substantive rights are those general rights that individuals have to possess or to do certain things, despite the government's desire to the contrary. These are rights like freedom of speech and religion.

How are vacancies in the Senate filled?

If a senator dies or resigns while in office, the governor of that senator's home state has the power to appoint a replacement. This is usually a political process, resulting in an appointment from the political party of the governor, regardless of the political party of the senator who died or resigned.

How have the rights of disabled persons been protected by law?

In 1990, the Americans With Disabilities Act (ADA) was passed, which states that disabled persons may not be denied employment or promotion, equal access to government programs and transportation, or access to public accommodations.

How has affirmative action been interpreted by the Supreme Court?

In Bakke v. Regents (1978), the Court found that Alan Bakke had been denied equal protection by UC Davis's use of a two-track admission system. In Grutter v. Bollinger (2003), the University of Michigan Law School's more individualized consideration of race was upheld. In Gratz v. Bollinger (2003) the Court struck down the University of Michigan's more blatant weighting of race as a factor in admissions.

What is the right of expressive association?

In Boy Scouts of America v. Dale (2000), the Supreme Court ruled that forcing the Boy Scouts to admit a homosexual as a scout leader would violate the private organization's right of freedom of association. This is the right of expressive association.

How have the rights of homosexuals been protected under the 14th Amendment?

In Romer v. Evans (1996) the Supreme Court ruled that a Colorado constitutional amendment invalidating state and local laws that protected homosexuals from discrimination was unconstitutional as it violated the equal protection clause of the 14th Amendment. In Lawrence v. Texas (2003), the Supreme Court found that laws prohibiting homosexual conduct also violate the clause.

What is the basic difference between direct democracy and representative democracy?

In a direct democracy, all citizens participate, meet, and make decisions about public policy issues. In a representative democracy (also known as a republic), citizens elect representatives to make public policy decisions in the citizens' interests.

How do the characteristics of a totalitarian system differ from a democratic system?

In a totalitarian system, government retains unlimited powers for the benefit of elite rulers. The government has total control over the people and the economy. In a democracy the government is limited by law, representatives are chosen by the people, dissent is tolerated, and citizen membership in autonomous groups is allowed.

How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the 14th Amendment?

In the 1949 case, Wolf v. Colorado, the Supreme Court applied the protections against unreasonable search and seizure to the states under the due process clause of the 14th Amendment.

What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution?

In the 1966 case Miranda v. Arizona, the Supreme Court decided that when police arrest a suspect they must inform the suspect of his or her constitutional rights to remain silent and to consult with an attorney. Through this decision, the Court hoped to alleviate what they perceived to be "the inherent pressures of the interrogation atmosphere."

What is pluralist theory?

In the U.S., which has a political system of widely scattered resources, government is mainly concerned with a competition among groups. Policy results when the group with the dominant interest prevails.

In his book, The Prince, Niccolo Machiavelli gave what famous advice to the prince of Florence, Italy?

In what has been called the theory behind the practice of modern American politics, Machiavelli advised the prince of Florence that "it is better to be feared than to be loved," and that the appearance of being an honest, trustworthy ruler is more important than actually being an honest, trustworthy leader.

What is the constitutional basis of separation of powers?

It can be found in several principles, such as the separation of government into three branches, the conception that each branch performs unique and identifiable functions, and the limitation of personnel to a specific branch.

How does the power of judicial review act as a check on the legislative and executive branches?

John Marshall expanded the Supreme Court's power in the landmark 1803 Marbury v. Madison decision by writing that it was the duty of the Supreme Court to "say what the law is" and declare laws passed by Congress, and acts of the executive, invalid if they are in contradiction with the Constitution.

List at least three methods of informally amending the Constitution

Legislative actions are those in which Congress passes laws that alter or clarify the meaning of the Constitution. Executive actions entail the use of presidential power and that can change the meaning of the Constitution. Judicial review or interpretation occurs when the judiciary interprets the Constitution and rules on cases that then become law.

What are legislative vetoes? Are they constitutional?

Legislative vetoes are a method by which Congress, in either one or both houses, blocks a proposed executive action. Vetoes are frequently used for presidential reorganization plans of the executive branch. These vetoes were declared unconstitutional in INS v. Chadha (1983), when the Supreme Court decided that they violated the doctrine of separation of powers.

What are John Locke's arguments in the Second Treatise on Civil Government?

Locke argued that humans, in the state of nature, were born equal and that they possessed natural rights that no king had the power to void. The consent of the governed is the only true basis of a king or sovereign's right to rule. Therefore, a chief executive, according to Locke, is limited by this social contract with the governed.

How has procedural due process been defined by the courts?

Miranda v. Arizona (1966) established that the rights of an accused person must be read and understood by that person upon arrest. These rights include the right to remain silent and the right to have an attorney provided.

: Do students have reasonable expectations as to the right to privacy with regard to drug testing in schools?

No. In Veronia v. Acton (1995) the Supreme Court decided students must submit to random drug testing in order to participate in interscholastic athletics. The Court found that the policy is reasonable and constitutional. Students in a school environment "have a lesser expectation of privacy than members of the population generally."

Do public school students enjoy the same protections as adults with regard to the 4th Amendment protection against unreasonable search and seizure?

No. The Supreme Court found in New Jersey v. T.L.O. (1985) that the 4th Amendment does not apply to students in schools because they do not and should not have the rights afforded to adults in the criminal justice system. The school can conduct searches without a warrant in the interesting of protecting students and maintaining order.

Are students in public schools granted the right of freedom of press?

No. The U.S. Supreme Court in Hazelwood School District v. Kuhlmeier (1988) upheld the right of public high school administrators at Hazelwood East High School to censor stories from a school-sponsored student newspaper if the newspaper was produced on school grounds, using school equipment and under the guidance of a school advisor.

What are the differences among power, authority and legitimacy?

Power is the ability of one person to get another person to act in accordance with the first person's intentions. Authority is the right to use power. People accept decisions made by people with the authority to make those decisions, which is the legitimate use of power, or legitimacy.

What is the theory of democratic centralism?

Several leaders at the top of government solicit public opinion on a general policy question, consider the options, and then make a decision (in accordance with or against the wishes of the public) that is in the best interests of that public. In this way, the policy choice of this leadership is implemented, and the façade of democracy is preserved.

What is the intergovernmental lobby?

State and local governments act as any other groups in the policymaking process when it comes to hiring lobbyists to try to advance their interests and gain access to federal policymakers. School districts, cities, states, police chiefs and hospitals also hire lobbyists to represent and advance their interests.

What is difference between Substantive due process and Procedural due process?

Substantive involves determining whether a law is fair. Procedural is the method of government action on how the law is carried out.

: What is symbolic speech?

Symbolic speech refers to unspoken illustrated methods of protest. Similar to pure speech, it is protected when it does not incite violence or cause a clear and present danger to public welfare?

What amendments were passed following the Civil War to ensure the rights of former slaves?

The 13th Amendment abolished slavery. The 14th AMendme3nt defined citizenship and provided for due process and equal protection of the laws. The 15th Amendment stated that individuals could not be denied the right to vote based on race or former servitude.

What precedent was set by Gideon v. Wainwright?

The 1963 decision set the precedent that in capital cases, when a defendant is too poor to hire a lawyer, the state must provide an attorney for the defendant in order to assure a fair trial.

What did the Americans with Disabilities Act of 1990 accomplish?

The 1990 Americans with Disabilities Act (ADA) forbids employers and owners of public accommodations from discriminating people with disabilities. States now are required to make all public buildings wheelchair accessible, and make sure that all public services provide equal access to all persons.

Which of the rights guaranteed under the Bill of Rights have been incorporated by the 14th Amendment to apply to the states?

The 1st, 4th, 6th and 8th Amendments have been fully incorporated. The 5th Amendment has been partially incorporated and the 2nd and 7th Amendments have not been incorporated. No decision has been reached on the 3rd Amendment

When was the voting age lowered to 18?

The 26th Amendment was passed in 1971, giving 18 year-olds the right to vote in the 1972 election for the first time.

What is the difference between substantive due process and procedural due process?

The 5th and the 14th Amendments guarantee due process, which is the idea that the government must act in a fair manner according to established rules. Substantive due process involves determining whether a law is fair or if it violates constitutional protections. Procedural due process is the method of government action or how the law is carried out.

What five rights are guaranteed by the Sixth Amendment?

The 6th Amendment rights are trial rights, including the right to a speedy trial, the right to an attorney, the right to face the witnesses against you, the right to a trial by jury and the right to know the charges against you.

What does the 8th Amendment prohibit?

The 8th Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishment for crimes.

What did the Civil Rights Act of 1964 accomplish?

The Civil Rights act of 1964 prohibited discrimination in employment and in paces of public accommodation, outlawed bias in federally funded programs, and created the Equal Employment Opportunity Commission.

How has the principle of separation of powers prevented presidents from successfully having their judicial nominees confirmed?

The Constitution grants the president the power to appoint federal judges and the Senate the power to confirm the nominations. The Senate uses a filibuster to delay or prevent votes on judges. Since it takes sixty votes to bring an issue to a vote and end debate, the majority party needs sixty members of out of one hundred to effectively confirm the president's nominees.

What specific rights and prohibitions are mentioned in the body of the Constitution?

The Constitution mentions the writ of habeas corpus, the protection of citizens from state to state, limits on excessive punishment, guarantee of republican government, and trial by jury in federal courts. It forbids bills of attainder, ex post facto laws, and religious oath requirements.

How has the freedom of religion in the schools been interpreted by the Supreme Court?

The Court has interpreted the establishment clause of the First Amendment to mean different things at different times. In Everson v. Board of Education (1947), the Court ruled that parochial school children could be bussed to school; in Engle v. Vitale (1962) the Court banned school prayer; and in Westside School District v. Mergens (1990) the Court ruled that school facilities can be used for nonexclusive religious organizations after school hours.

What are the four principal parts of the Declaration of Independence, and to whom is it addressed?

The Declaration of Independence is addressed to King George III of Great Britain, and has four parts. The first part is the preamble of introduction, the second is the theory of republican government, the third is the list of grievances (a collection of 27 complaints) and the fourth is the formal declaration of independence.

How have civil liberties and civil rights evolved over time?

The Declaration of Independence, the Constitution, and the Bill of Rights set out the basic foundations for the protections of civil liberties and civil rights. These rights have evolved through legislative action and judicial interpretation and through the addition of later amendments, specifically the 14th Amendment.

What five rights are guaranteed by the Fifth Amendment?

The Fifth Amendment states the rights of the accused, including the right to a grand jury, the right to be protected from double jeopardy, the right to eminent domain, the right not to incriminate oneself, and the right of due process of law.

How did the Three-Fifths Compromise balance the interests of the northern and southern states?

The North wanted slaves counted for taxation but not representation, and the south wanted slaves counted for representation but not taxation. The compromise resolved this issue by stating that each state would count three-fifths of its slave population for purposes of determining both representation and taxation.

How did the doctrine of dual federalism develop?

The Supreme Court decision in Gibbons v. Ogden (1824) reaffirmed the concept of federal supremacy over interstate trade and state supremacy over intrastate trade. This created dual federalism. The national government has subsequently intruded into matters once reserved for the states, and dual federalism can hardly be said to exist any longer.

What are the rules regarding religious clubs or organizations that meet in public schools?

The Supreme Court found in Good News Club v. Milford Central School (2001) that religious clubs are allowed to meet in public schools after class hours. Excluding the religious club was unconstitutional content-based discrimination, and permitting the meetings would not violate the establishment clause.

What is the strict scrutiny test?

The Supreme Court has devised a strict standard for laws and for detecting laws that display prejudice. The Court automatically classifies a law as suspect and demands that the government prove it has a compelling reason for the discrimination. The law in question must serve a compelling public interest in order for the Court to uphold it has valid and non-discriminatory.

What is sexual harassment?

The Supreme Court has held that harassment can take two forms. First, it is illegal for someone to request sexual favors as a condition of employment or promotion. Second, am employer cannot permit a work environment that has been made hostile or intimidating by a steady pattern of offensive sexual teasing, jokes or obscenity.

What is the doctrine of incorporation?

The Supreme Court uses the 14th Amendment to apply the protections of the Bill of Rights to the states. For example, in the 1925 case of Gitlow v. New York, a man was indicted by the state for seditious speech. The Court found that the federal protection of free speech should be applied to the states.

What is the rational basis test?

The Supreme Court, in defining discrimination under the 14th Amendment, has recognized that some forms of discrimination may be valid. The rational basis test determines if the discrimination in question has a legitimate purpose, such as legislation that denies liquor to people under the age of 21.

What were the achievements under the Articles of Confederation?

The Treaty of Paris, signed with Great Britain in 1783, formally recognized the independence of the United States. The second accomplish was the Northwest Ordinance of 1787, which established the principle that the territories could enter the union as states on an equal basis with the older states.

What were the provisions of the Virginia Plan offered at the Constitutional Convention?

The Virginia Plan was based on three principles. These included a strong national legislature with two chambers, one to be chosen by the people and one chosen by the lower house; a strong national executive to be chosen by the national legislature; and a national judiciary to be appointed by the legislature. This plan appealed primarily to the larger states, as it benefited their interests most.

What is the name of the judicial concept that has been used to apply the protections of the 14th Amendment to the states?

The debate over whether the 14th Amendment makes all of the protections of the Bill of Rights applicable to the states is one of the most important and longest-lasting debates involving interpretation of the U.S. Constitution. This debate is known as the incorporation doctrine, and is ongoing.

What is the devolution revolution?

The devolution revolution describes the tendency of the federal government to place responsibility for how grant money is spent in the hands of the states. There is an emphasis on solving problems at the state and local levels, rather than at the federal level.

What is procedural due process?

The due process clause of the 14th Amendment, adopted in 1868, states that before a convict can be executed, imprisoned or fined for a crime, he or she must get a fair trial, based on legitimate evidence, with a jury. These are procedural or process rights.

What are the two protections of freedom of religion guaranteed by the First Amendment?

The establishment clause protects individuals from the state establishment, sponsorship, or favoritism of an official national religion. In the free exercise clause, citizens are permitted to practice their individual re3ligions in any way they choose, so long as these practices and rituals do not endanger society and do not break the laws of the community.

How are the functions of the executive and legislative branches separate in regard to lawmaking?

The executive sets the legislative agenda through addresses to the people, dealings with the party leaders in Congress, and introducing new initiatives. Congress introduces new legislation, passes it through the committee systems and to the floors of both houses for votes, and then to the president's desk. If vetoed, Congress may pass the bill into law with a two-thirds majority in both houses.

What is the most common method of amending the Constitution?

The most common way to amend the Constitution is for a bill to pass by a two-thirds majority vote of each house of Congress and then be ratified by three-fourths of the state legislatures. This method has been used twenty-six times to amend the Constitution.

What is the constitutional basis of implied powers?

The necessary and proper clause of Article I, Section 8 of the Constitution, also known as the elastic clause, stretches Congress's powers to make laws that help it carry out its enumerated powers.

What are the provisions of the New Jersey Plan?

The plan proposed a unicameral legislature with one vote for each state, a weak executive elected by Congress, and a national judiciary appointed by the executive. The New Jersey Plan represented the interest of the smaller states.

What powers are denied to the government by the Constitution?

The powers denied to the federal government are contained in Article I, Section 9 of the Constitution. They include suspending the writ of habeas corpus, passing a bill of attainder or ex post facto law, levying taxes on exports and granting titles of nobility.

What are examples of checks and balances between the legislative and executive branches?

The president appoints cabinet members, but the Senate has the authority to confirm appointments. The president sends troops into combat, but Congress declares war. The president can negotiate treaties, but only the Senate can ratify a treaty. The House of Representatives can bring impeachment charges against the president, and the Senate holds impeachment trials and votes on removal.

What is the social contract theory of government?

The social contract theory is one of the basic principles of constitutional government in the U.S. It is based on the philosophies of Thomas Hobbes, John Locke and Jean-Jacques Rousseau. It holds that people are free and equal and posses natural rights, and that they give up some of their natural freedoms in exchange for protection and services from the government.

What are rules regarding religious clubs that meet in public schools?

They are allowed to meet after Class Hours. Excluding them would be unconstitutional content-based discrimination. "Good News Club v. Milford Central School 2001"

What is the Lame Duck Amendment?

This term refers to the Twentieth Amendment, which sets the end of the president and vice president's term on January 20, and the end of senators' and representatives' terms on January 3. Officials who will not be assuming office in the new term and would therefore by ineffectual proposing legislation are known as lame ducks.

What are the criticisms of unfunded mandates?

Unfunded mandates are where states are forced to pay for programs that are required by federal law yet not funded by federal dollars. This forces states to either raise taxes or cut services to citizens. The decision regarding how citizens are taxed or supported is taken out of the states' hands by the federal government.

What was Chief Justice Warren's reasoning in Brown v. Board of Education?

Warren found that "in the field of public education the doctrine of 'separate but equal' has no place" because "'separate but equal' facilities are inherently unequal." Plessy v. Ferguson (1896) was overturned, and the age of segregated schools was slowly coming to a close

What was Chief Justice Warren's reasoning in Brown v. Board of Education?

Warren found that "in the field of public education the doctrine of 'separate but equal' has no place" because "'separate but equal' facilities are inherently unequal." Plessy v. Ferguson (1896) was overturned, and the age of segregated schools was slowly coming to a close.

Is not saying the Pledge of Allegiance in school constitutional protected freedom of speech?

Yes. In West Virginia State Board of Education v. Barnette (1943) the Court ruled that the West Virginia Board's policy requiring students and teachers to recite the Pledge of allegiance to be unconstitutional. However, individual communities, and even individual schools, have set their own policies regarding this very controversial issue.