Exam I Study Set

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

which amendments contribute to ensuring criminal due process?

-6th -4th -5th -8th

Which groups have historically lacked equality?

-Catholics -Women -Asian Americans

Since the 1950s, what has been the government's approach to free speech?

-Supreme Court has ruled that national security must truly be at risk before the government can limit speech -the Supreme Court has ruled that spoken words do not pose a true threat to national security, so Americans can speak their minds politically -not a single individual has been convicted solely for criticizing the government's war policies.

Constitutional convention used in most states

-an assembly of citizens who may propose general revisions to the state constitution

Under Article 4 of the Texas Constitution the executive branch consists of the

-comptroller of public accounts -governor -attorney general -lieutenant governor -commissioner of the general land office

Some general criticism that can be made of the Texas Constitution?

-constant change -overly long -unclear organization

The level of detail in the Texas Constitution is problematic because it

-contributes to the unwieldy length of the document -contributes to the necessity for constant changes to the constitution -makes the constitution too inflexible

Article 2 of the Texas Constitution

-discusses the separation of powers in Texas government -more explicitly refers to the separate checks on the branches of government than does the U.S Constitution

What are the tests Supreme Court applies to determine whether a punishment is cruel or unusual?

-disproportionate to the offence -fundamental standards of good conscience and fairness -unnecessarily cruel

Affirmative action policies have been used by _______ to expand opportunities for women and minority group members

-educational institutions -employers

Which of the following are included in the concept of equal rights or civil rights?

-equal access to public facilities -equal access to the opportunities society provides -the right of every person to equal protection under the law

what are the religious clauses in the first amendment?

-establishment clause -free exercise clause

What does the establishment clause of the constitution restrict?

-government from favoring one religion over another -government from supporting religion over no religion

Interstate Commerce Clause

-has been used to prohibit restaurants from being segregated by race -meaning and application have changed over time -meaning and application extends beyonds commerce

The imminent lawless action test

-has two criteria for speech advocating the unlawful use of force to be prohibited -says that speech must be likely to produce lawless action -says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action

According to today's statistics, Asian Americans are underrepresented in which of the following areas?

-holding high-level political office -holding the top position in corporations

Free Speech is usually protected in the United States unless it

-leads to imminent and lawless action -involves false commercial advertising claims -presents a clear and present danger

Article 5 of the Texas Constitution

-outlines the qualifications for judges in Texas -describes the judicial branch

The Texas Constitution of 1861

-prohibited the emancipation of slaves -essentially the same as the 1845 constitution -contained a provision to secede from the Union

Delegated and reserved powers of states?

-protect property rights -regulate banks and credit -conduct local, state, and national elections

Enumerated powers of the national government

-provide for copyrights for authors and inventors -coin and regulate money -develop roads and postal service

voter initiative

-requires the collection of a certain number of signatures with set time -the initiative process allows voters to propose changes to the state constitution -Texas does not have the initiative

The constitution of 1876

-restricted the powers of the legislature -reflected the traditionalistic/individualistic political culture of the state -reestablished many statewide and local elected offices

Article 4 of the Texas Constitution

-sets the length of governor's term -describes the executive branch

block grants

-state and local government is given discretion in how the funds are spent -money may be used for broad purposes

The current Texas constitution

-supports the idea of limited government -is in line with voter's desire for decentralization -is compatible with the political climate of the state

the 2nd amendment protects and supports

-the right to keep and bear arms -a well regulated militia

what are rights that gays and lesbians had to fight for?

-the right to openly enlist in the military -the right to have the same benefits as traditional couples

what constitutional protections were at issue in the Supreme Court decision in Miranda v. Arizona?

-the right to remain silent -the right to an attorney

why was the NSA's wiretapping of phone calls and email messages originating in the US, first revealed by the New York Times in 2005, controversial?

-the wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act -The wiretapping had been authorized by president George W. Bush without approval from the courts

The Due Process Clause requires states to

-treat all citizens equally -follow certain rules and procedures -provide protection for citizens in criminal proceedings

The inevitable discovery exception

-was developed in the case of Nix v. Williams (1984) -allows admission of tainted evidence in certain cases -states that exclusion of physical evidence that would have been found anyway has no effect on fairness of a trial

What devices did Southern states use to prevent African Americans from voting

-white only primaries -poll taxes -literacy tests

Sedition Act

1798 law that criminalized any speech or writings critical of the government, congress, or the president.

When did the current Texas Constitution become effective?

1876

What year were Native Americans considered citizens?

1924

Regents of the University of California v. Bakke

1978 Supreme Court declared affirmative action constitutional but invalidated the use of racial quotas.

Rostker v. Goldberg

1980 Gender classifications were to be scrutinized fr closely than others (ex: income or age) but were constitutionally valid if the government could clearly show why men and women should be treated differently (draft).

Of the 500 largest United States' corporations, less than __ are headed by women.

5%

According to recent statistics, over what percent of African American children will grow up in a single-parent household?

50

Brown v. Board of Education of Topeka

A 1954 case in which the Supreme Court ruled that "separate but equal" education for black and white students was unconstitutional

As part of what movement did advocates for women's suffrage become active on a large scale?

Abolitionist movement

Unitary Government

All functions centralized and controlled by the government.

Plessy v. Ferguson

An 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal(Separate but equal).

Where is the Bill of Rights in the Texas Constitution?

Article 1

Civil Rights Act of 1964

Barred racial discrimination in public accommodations and private employment.

in 2016 the Supreme Court ruled that police

COULD use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense

What was the result of the national boycott of California lettuce and grapes?

California passed a law giving migrant workers the right bargain collectively.

The Interstate Commerce Clause gives who has the exclusive power ti regulate commerce between the states?

Congress

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws -prohibits discrimination by government but not by private parties.

What year and case did the Supreme Court finally address the issue of how the 2nd amendment should be interpreted?

District of Columbia v. Heller (2010)

Prior to the decision in OBERGEFELL V. HOGES, advocates of gay marriage argued that Section 2 of the federal Defense of Marriage Act, which stated that no state must accept another state's definition of marriage, violated the ___ of the Constitution.

Full Faith and Credit Clause

19th Amendment (1920)

Gave women the right to vote

Under which Supreme Court case did part of the bill of rights FIRST become incorporated to apply to actions by the states?

Gitlow v. New York

Shelby v. Holder (2013)

Held that section 5 of the Voting Rights Act (1965) was unconstitutional because it did not respect the equal sovereignty of the states. The court found that the test established in 1965 was outdated and needed Congressional update.

During which case did the supreme court upheld the forced relocation of tens of thousands of Japanese Americans during WWII?

Korematsu v. United States

What minority group makes up the largest Hispanic population in the United States?

Meixcans

where are the majority of hispanic immigrants from?

Mexico and the Caribbean Islands.

What Supreme Court case is also known as the "Pentagon Papers" case?

New York Times Co. v. United States

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commerical buildings.

Civil Rights Act of 1968

Prohibits discrimination in housing. A building owner cannot refuse to sell or rent housing because of a person's race, religion, ethnicity, or sex.

How did banks contribute to segregation?

Redlining refusing to grant mortgage loans in certain neighborhoods, typically those with large black populations.

McCulloch v. Maryland (1819)

Supreme Court provided a broad interpretation of the NECESSARY AND PROPER clause, giving Congress the authority to pass laws that it deemed appropriate so long as they are consistent with the letter and spirit of the Constitution.

District of Columbia v. Heller

Supreme Court rules that the 2nd amendment protects an individual's right o posses a firearm unconnected to service in a militia

Lau v. Nichols (1974)

The Court ruled that placing public school children for whom English is a second language in regular classrooms violates the Civil Rights Act because it denies them the opportunity to obtain a proper education.

USA Patriot Act

The Law passed by congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals.

Swann v. Charlotte Mecklenburg Board of Education 1971

The Supreme Court upheld the busing of children out of their neighborhoods for the purpose of achieving racially integrated schools.

Bill of Rights

The first ten amendments to the Constitution

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

15th Amendment (1870)

U.S. cannot prevent a person from voting because of race, color, or creed. -granted African American men the right to vote

The Supreme Court has ruled that burning an American flag is

a protected form of symbolic speech.

What first made Dr. Martin Luther King Jr. a national symbol for the civil rights movement and earned him national media attention?

a year-long bus boycott in Montgomery, Alabama.

In the case of Korematsu v. United States, the courts

allowed government policies during wartime that would not be allowed in times of peace

Article 17 of the Texas Constitution

amending the Constitution

Voters have ___ most of the proposed amendments to the Texas Constitution.

approved

Asian Americans are more likely than other minority groups to be

college educated

In order for an affirmative action program to be upheld as constitutional, the Supreme Court requires that the government prove what kind of interest?

compelling or compelling government interest

Based on the current political culture of Texas, the constitution will likely

continue to be amended in a piecemeal process.

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial

Articles 9 and 16 of the Texas Constitution concern the

creation and structure of counties in the state.

In the past two decades most state legislatures have enacted stiffer

criminal penalties

Serving the United States in the fight against Nazism in WWII led African American soldiers to

demand their civil rights.

de jure discrimination

discrimination based on law

In a confederal system of government, power is

divided between a weal national government and strong, independently sovereign regional governments.

since the 1990s the number of federal and state prisoners has more than

doubled

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as

due process protections

According to Article 5 of the Texas Constitution judges in Texas are

elected

Most state constitutions create a weak ___ branch and a strong ____ branch.

executive, legislative

Mapp v. Ohio

extended the constitutional protection against unreasonable search and seizure to action by state government

slander

false verbal statement about other people

public officials can usually be criticized freely without

fear the writer or speaker will have to pay for damages due to libel or slander

The First Amendment protection that makes it illegal for the government to enact laws that restrict the free prattle of religion by any individual is known as the

free-exercise clause

What freedom was incorporated with DeJonge v. Oregon

freedom of assembly

What freedom was incorporated into the states with Near v. Minnesota

freedom of press

What freedom was incorporated with Hamilton v. Regents, U of C

freedom of religion

What freedom was incorporated into the states with Gitlow v. New York

freedom of speech

USA Patriot Act Pt2

gave government increased authority to examine medical, financial, ad student records and increased surveillance of communications without a warrant or court order.

according to accomodationist doctrine

government can aid a religious organization so long as the aid is non-religious in nature and the government doesn't favor one religion over another

Regarding freedom of the press, the Supreme Court has generally upheld the principle of no prior restraint. This principle means that

government generally cannot stop the news media from publishing a story.

Indian Bill of Rights 1974

grants Native Americans constitutional rights similar to those held by other Americans.

laws on libel and slander are based on the assumption that society

has an interest in encouraging media and citizens to express themselves freely

Which ethnic groups numbers have doubled in the past 20 years?

hispanics

______ are typically more protective of individual rights

judges

In all states, the ____ can propose changes to the state constitution.

legislature

who dictates the ballot wording of all constitutional amendments in Texas?

legislature

The 1845 statehood constitution provided for

limited executive authority

ThTexas Constitutions is one of the ___ state constitutions in the nation

longest

Cooperative Federalism

model of federal-state relations in which the federal government began to supply money to state and local governments to provide assistance to citizens

Many state constitutions provide ____ freedoms than the national constitution.

more

The federal-state relationship during the Nixon administration is referred to as

new federalism

Ballot wording in constitutional amendment elections is

often intentionally non instructive and misleading

the right of an individual to be left alone without any interference from others is known as the right to

privacy

Most state constitutional amendments are

proposed by the state legislature and approved by voters.

What are two steps involved in the constitutional amendment process of most states' constitutions?

proposing amendments and citizen approval

The Equal Protection Clause and Due Process Clause of the 14th amendment extend

protections of the Bill of Rights to the actions of state and local governments.

the 5th and 14th amendments

provide that nonperson can be deprived of life, liberty, or property without due process of law.

law enforcement officials sometime controversially rely on the practice of

racial profiling

In a federal system of government, power is

shared between the national and state governments.

the right to legal counsel is a ____ amendment protection.

sixth

the idea that individuals have inalienable rights and willingly submit to government to protect these rights is best descried as

social contract theory

the plain view exception

states that evidence is admissible when it it immediately visible in the course of stopping a person for another infraction

Article 6 of the Texas Constitution

suffrage

1963 Gideon v. Wainwright

supreme court established that the government must provide lawyers to individuals who cannot afford their own attorney

Syder v. Phelps (2011)

supreme court rules that the first amendment's protection of speech extended even to hate speech during the funerals of soldiers killed in action.

What has the Supreme Court protected nearly as vigorously as actual speech

symbolic speech

In 1977 Supreme Court ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences.

Zelman v. Simmons-Harris (2002)

tax supported school vouchers used to send children to private and religious schools were not a violation of the establishment clause.

All state constitutions contain articles relating to

taxation and finance

The Supreme Court decision in Schenck v. United States established which principle?

that the federal government can restrict free expression but that it does not have unlimited authority to do so.

In Hamden v. Rumsfeld supreme court ruled

that the use of secret military tribunals to try detainees accused of terrorism were UNCONSTITUTIONAL, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

which amendment protects individuals from testifying against themselves in a court of law?

the 5th amendment

What country has the largest prison population in the world on a per-capita basis

the United States

racial profiling

the assumption that certain groups of people are more likely to commit particular crimes

de facto discrimination

the condition whereby historically disadvantaged groups have fewer opportunities and benefits because of prejudice and economic circumstance, such as their inability to pay for a college education.

Lemon Test (Lemon v. Kurtzman)

the current standard used to determine whether the establishment clause has been violated

Today, most of the guarantees in the Bill of Rights are protected from action by

the federal and state governments.

Article 3 of the Texas Constitution refers to

the legislative branch

freedom of speech/expression is

the right of individual Americans to hold and communicate thoughts of their choosing.

the 2nd amendment protects

the right of the people to keep and bear arms.

Griswold v. Connecticut (1965) was a case dealing with

the right to privacy

Article 1, Section 8, grants Congress

the right to tax and spend to promote general welfare.

procedural due process

the set of procedures authorities must follow before a person can be lawfully punished for an offense

What are the 5th amendment rights of the accused?

trail by jury

In Texas, what is the legislature's role in proposing amendments to the state's constitution?

two-thirds of each house in the Texas legislature must propose constitutional amendments

In 1892 Congress suspended Asian immigration to the United States on the grounds that Asians:

were an inferior people

In Planned Parenthood v. Casey, the supreme court ruled that restrictions on abortion

were legal so long as they did not place undue burden on a woman's right obtain an abortion

Libel

written statement that harms a person's reputation