GOVT-2305 Test 2
State and local governments often hire lobbyists today due to the
intense competition for federal funds.
A speaker who advocates the use of violent force against the United States government can be arrested
if his words create a clear and present danger of violent action.
The case of New Jersey v. New York (1999) is important because it
illustrates the original jurisdiction of the Supreme Court.
The pressure group or groups that are created when state and local governments hire lobbyists to lobby the national government are called the __________ lobby.
intergovernmental
The 10th Amendment states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are
reserved to the states, or the people.
The case Gideon v. Wainwright (1963) was about
right to counsel.
States are obligated constitutionally by all but:
the interstate commerce clause.
The most frequently challenged part of the jury process has been
the method of selecting jurors.
Procedural due process refers to:
the methods by which a law is enforced.
Of about 200 countries in the world,
the most common political system is a unitary system.
In a country administered under a UNITARY STATE system of government:
the national government has complete control over regional government.
The term IMPLIED POWERS refers to:
the power of the federal government to make laws to implement stated policies.
Which of the following is an example of a concurrent power?
the power to tax
The term ENUMERATED POWERS refers to:
the powers specifically granted to the federal government by the Constitution.
The Exclusionary Rule can be defined as:
the principle that evidence, no matter how telling, may not be used if obtained illegally
Naturalized citizens enjoy the same rights as native-born Americans except
the right to be elected president or vice president
Gibbons v. Ogden (1824) addressed the important question of
the scope of Congressional authority under the commerce clause.
The right of a particular individual or group to give a speech can be limited if:
the speech might lead to some violent action.
In MILLER v. CALIFORNIA (1973) the Supreme Court, in regard to obscene publications, ruled that
the standard of offensiveness could be left to the community
A state program loans science textbooks to religious schools. A taxpayer sues, claiming the state is helping to establish religion. Based on precedent, the court would most likely decide that
the state had a secular purpose, and the benefit was to the students, not the religious institution.
In situations of conflict between state and national law, national law prevails due to
the supremacy clause.
The Supreme Court has often ruled that:
the use of private property can be restricted by the "public interest".
Southern officials used whips, dogs, cattle prods, clubs, and tear gas on peaceful civil rights protesters in the 50s and 60s.
True
Suffrage rights are left to the states to decide in the U.S. Constitution.
True
Taxation is a concurrent power in the U.S. federal system.
True
The 13th Amendment banned slavery.
True
The Americans with Disabilities Act (ADA). extends the protections of the Civil Rights Act of 1964 to disabled persons.
True
The Civil Rights Act of 1964 was filibustered in the Senate for eight weeks.
True
The Civil War and the Great Depression were two of the historical incidents that tended to consolidate national powers at the expense of state powers.
True
The Constitution guarantees that Congress would not limit the slave trade before 1808.
True
The Constitution is silent on the issue of equality.
True
The Court ruled that speech could be restricted if it presented a clear and present danger.
True
The clause contained in the 14th Amendment that has been ruled to make some of the Bill of Rights protections applicable to the states is called the __________ clause.
incorporation
In response to the Supreme Court's opposition to many New Deal programs, FDR suggested
increasing the number of justices from nine to thirteen.
Slavery was a divisive issue ever since slaves were first brought to the New World.
True
Statements that police are required to make to a person before that person is subject to in-custody questioning are known as
Miranda warnings.
The Compromise of 1820 reduced tensions over slavery.
False
The Constitution banned the slave trade
False
Fundamental freedoms such as religion, press, and privacy are usually accorded a(n) __________ standard of review by the Court.
heightened
The Supreme Court case known as Cruzan was about
homosexual rights.
Latino Americans used very different tactics to expand their civil rights than previous groups.
False
The Supreme Court ruled in Plessy v. Ferguson (1896) that
racial segregation was constitutional.
Police powers are federal in nature according to the Tenth Amendment.
False
Preemption is one way for states to prevent federal usurpation of their power.
False
Among the women who founded the women's movement were
Elizabeth Cady Stanton.
In assessing the constitutionality of gay rights issues, the Supreme Court, in 1996, used the standard of
rationality.
In which case did the Supreme Court declare that "in the field of public education the doctrine of 'separate but equal' has no place"?
"Brown v. Board of Education of Topeka" (1954)
State-imposed racial segregation based on the concept of separate-but-equal facilities for blacks was upheld by the Supreme Court in
"Plessy v. Ferguson" (1896).
The Supreme court confronted an affirmative action quota program for the first time in
"Regents of the University of California v. Bakke".
The Supreme Court declared unconstitutional a Texas law making it a crime to obtain an abortion except for the purpose of saving the mother's life in
"Roe v. Wade" (1973).
In the 1925 Gitlow case, the Supreme Court ruled that some speech could be prohibited if it threatened the overthrow of the government or in other ways injured the public welfare. This doctrine came to be known as the
"bad tendency" test
In New York Times v. Sullivan (1964), the Supreme Court ruled that
'actual malice' must be proved to support libel against a public figure.
Blacks were kept from voting in the South by devices such as the
-Literacy test -poll tax -white primary
Among the tactics used by the civil rights movement were
-Sit-ins and boycott -D lawsuits -Freedom Rides
Among the tactics used by the Mexican-American Legal Defense and Educational Fund (MALDEF) to stop discrimination against Hispanics are
-litigation -scholarships -boycotts and sit-ins
Among the devices used in Southern states to prevent blacks from voting, were
-poll taxes -literacy tests -grandfather clauses
The Constitution has several clauses that are expressly contrary to our modern view of civil rights, including
-the Three-Fifths Compromise -that the importation of slaves could not be prohibited for 20 years -that voting qualifications were left up to the states
The Supreme Court struck down the daily reading of a nondenominational prayer in New York's public schools in
Engle v. Vitale" (1962).
How many amendments were originally proposed for the Constitution?
12
Slavery was banned by the __________ Amendment.
13th
Former slaves were granted citizenship as well as the 'privileges and immunities' thereof, and states barred from depriving anyone of "life, liberty or property without due process of law" through the __________ Amendment.
14th
Many women opposed the __________ Amendment that added the word 'male' to the Constitution for the first time.
14th
The expansion of civil rights to include protection from state governments was achieved through the adoption of the
14th Amendment.
Congress banned the slave trade in
1808.
In response to the poor treatment of blacks following the Civil War, a number of people decided to form a group called the National Association for the Advancement of Colored People (NAACP) in
1909.
Native Americans were granted citizenship and the right to vote in
1924.
Women finally received the right to vote in 1920 through the __________ Amendment.
19th
Freedom of religion
1st Amendment
By 1970, federal grants accounted for __________ percent of all state and local spending.
20
Much of the growth of big government and of federal social welfare programs took place during the New Deal in the 1930s and during the administration of
FDR
The goal of new federalism is to
reduce the restrictions attached to federal grants.
In 2000, __________ states had capital punishment statutes.
38
Freedom from cruel and unusual punishment
8th Amendment
The case which ruled the Bible reading in public schools as a religious exercise when required by the school was unconstitutional was
ABINGTON SCHOOL DISTRICT v. SCHEMPP
Which amendments to the U.S. Constitution limited State sovereignty?
All of the above
The supremacy clause is found in
Article VI.
The PLESSY v. FERGUSON was specifically and unanimously overturned by
BROWN v. BOARD OF EDUCATION
Laws that denied most legal rights to newly freed slaves and prohibited blacks from voting, sitting on juries, or even appearing in public places after the Civil War were known as
Black Codes.
In __________, the Supreme Court ruled that laws against consensual private acts of sodomy were constitutional.
Bowers v. Hardwick
In what case did the Supreme court rule that the Constitution does not protect homosexual relationships even in the privacy of their own homes?
Bowers v. Hardwick
The Supreme Court ruled in __________ that a Georgia law prohibiting certain sex acts, including homosexual sex acts, was constitutional.
Bowers v. Hardwick
Which of the following nations is governed by a unitary system of government?
Britain
Although education is usually considered a state function, the federal government became actively involved in ending state mandated segregation through the case of
Brown v. Board of Education of Topeka Kansas.
The Supreme Court decision that overturned Plessy (1896) in 1954 was called
Brown v. Board of Education of Topeka, Kansas.
What kind of grant-in-aid allows the recipient of the grant the least independence in determining how the money will be spent?
Categorical grant
What is "prior restraint"?
Censorship before publication
The Supreme Court held that "fighting words" do not convey ideas and thus are not subject to First Amendment protection in
Chaplinsky v. New Hampshire" (1942).
The first time Congress ever passed an override of a presidential veto occurred over the
Civil Rights Act of 1866.
In McCulloch v. Maryland (1816), the Supreme Court ruled that
Congress had the power to charter a bank due to the necessary and proper clause.
The issue of separate drinking ages for men and women was challenged in the case
Craig v. Boren.
In 1857, the Supreme Court ruled that slaves were not citizens, but property, in the case,
Dred Scott v. Sandford.
The first major civil rights case to be considered by the Supreme Court was/were
Dred Scott v. Sandford.
The case which voided the New York Regent's prayer in public schools was
ENGEL v. VITALE
The case which stated that the defendant had the right to counsel during questioning and investigation
ESCOBEDO v. ILLINOIS
The case which set forth the wall of separation doctrine
EVERSON v. BOARD OF EDUCATION
Because of the First Amendment, there is no prayer allowed at any public ceremony.
False
During the late 1880s and 1990s, the Supreme Court consistently ruled to enlarge the scope of federal powers.
False
EEOC sexual harassment filings have decreased dramatically since 1990.
False
Efforts by women's groups to convince the Supreme Court that the 14th Amendment's equal protection clause covered women was successful in 1961 in Hoyt v. Florida.
False
In 1787, most state constitutions did not provide explicit protection for personal liberties.
False
In 2000, 49 states have capital punishment statutes.
False
In Brown II, the Court ruled that state court judges must implement desegregation.
False
In McCulloch v. Maryland (1819), the Supreme Court ruled that the commerce clause could not be used to reduce state powers.
False
In Plessy v. Ferguson (1896), the majority of the Supreme Court argued that the Constitution should be color blind.
False
In choosing cases to challenge segregation, the NAACP chose to start with elementary and secondary education because they were the most important to advancement for African Americans.
False
In interpreting the Fourth Amendment, the Supreme Court has ruled that the police always need a search warrant in order to conduct a search.
False
In the Dred Scott case, the Supreme Court upheld the constitutionality of the Missouri Compromise.
False
Jim Crow laws were abolished following the Civil War.
False
The Constitution specifically enumerates powers to the state and national governments.
False
The Court has fully incorporated the Bill of Rights protections to the states.
False
The Eighth Amendment clearly makes the death penalty unconstitutional as cruel and unusual punishment.
False
The Fifth Amendment guarantees the right to counsel.
False
The First Amendment prohibition on limits to free speech has been interpreted by the Court to mean that Congress cannot infringe on any type of speech.
False
The Framers divided the power between state and national government in order to create a confederal system.
False
The Missouri Compromise of 1820 made slavery illegal in all new states.
False
The NAACP fought discrimination on an ad-hoc basis.
False
The Privileges and Immunities of Citizenship are guaranteed by the 15th Amendment.
False
The SCLC fought for the full implementation of Supreme Court decisions while SNCC had more radical objectives.
False
The Seneca Falls Convention approved the call to extend the franchise to women.
False
The Southern Christian Leadership Council was established by Frederick Douglass.
False
The Supreme Court considers both race and gender to be suspect classifications
False
The Supreme Court has broadly interpreted the right to privacy to include the right to engage in homosexual acts.
False
The Supreme Court has ruled that laws that provide for male-only draft registration and statutory rape laws that apply only to female victims are unconstitutional.
False
The Supreme Court upheld provisions of the 1996 Communications Decency Act designed to protect children from pornography on the Internet.
False
The Supreme Court was generally supportive of FDR's attempts to deal with the Great Depression.
False
The appointment of Ruth Bader Ginsburg to the Supreme Court has been interpreted as a threat to the continuing constitutionality of some abortion procedures.
False
The composition of juries, discussed in the Sixth Amendment, has remained stable and has rarely been litigated since the adoption of the Bill of Rights.
False
The doctrine of 'separate but equal' was promulgated by the Civil Rights Cases (1873).
False
The exclusionary rule was adopted in the case of Miranda v. Arizona.
False
The federal government's right to tax was left vague in the Constitution.
False
The incorporation doctrine is a principle used to limit the powers of the national government in the realm of civil rights and liberties.
False
The right to bear arms is guaranteed by the Third Amendment.
False
The right to privacy is an enumerated right in the Bill of Rights.
False
The supremacy clause of the Constitution mandates that state laws supercede national laws.
False
The word "federal" is used in the Constitution to describe the system of divided powers.
False
Throughout our history, the nature of federalism has been fairly constant.
False
Women were granted the right to vote at the same time as African-Americans.
False
In 2000, the Supreme Court, in an opinion written by Chief Justice Rehnquist, reaffirmed the central holding of __________ that no admission of guilt is truly voluntary unless a suspect has been apprised of his rights.
Miranda
Religious rights, both the right to freely exercise religion and the protection against the establishment of an official religion, are protected by the __________ Amendment.
First
Under the __________ Amendment, the police may search things in plain view, the person arrested, and things under the arrestee's immediate control.
Fourth
The concept of dual federalism prevailed in the United States until the administration of
Franklin D. Roosevelt
In 1972, the Supreme Court ruled that the death penalty was cruel and unusual punishment in
Furman v. Georgia.
The case which held that a defendant was entitled to counsel even if he could not hire one
GIDEON v. WAINWRIGHT
This case held that the Bill of Rights applied to the states also
GITLOW v. NEW YORK
This case set forth the bad tendency doctrine
GITLOW v. NEW YORK
The Supreme Court extended the Sixth Amendment's right to counsel to the states in
Gideon v. Wainwright" (1963).
The Supreme Court ruled that "lawyers in criminal cases are necessities, not luxuries" in the case
Gideon v. Wainwright.
What was one of the first cases which applied the Bill of Rights to the States?
Gitlow v. New York
The Supreme Court ruled that states could not abridge free speech protections in
Gitlow v. New York.
The era of dual federalism ended with the
Great Depression.
In 1976, the Supreme Court ruled that the death penalty was constitutional in the case
Gregg v. Georgia.
State laws which legally segregated the races were called
Jim Crow laws
Laws enacted by Southern states that resulted in segregation by race were also known as
Jim Crow laws.
The first president to reduce intergovernmental grant expenditures was
Jimmy Carter.
Lemon V. Kurtzman established
Laws which advanced or inhibited religion were unconstitutional.
The case which held that the defendant had to be informed of his rights when arrested
MIRANDA v. ARIZONA
The Supreme Court applied the exclusionary rule to the states in
Mapp v. Ohio" (1961).
The first major federalism decision by the Marshall Court was
McCulloch v. Maryland.
The Supreme Court ruled that individuals arrested for a crime must be apprised of their constitutional rights in the case
Miranda v. Arizona.
The first major civil rights case to be considered by the Supreme Court dealt with a dispute over the constitutionality of the
Missouri Compromise.
The leading interest group opponent of the death penalty in the 1960s was the
National Association for the Advancement of Colored Persons (NAACP).
In 1966, a new women's group was formed that was modeled on the NAACP to prevent discrimination against women. This group was called the
National Organization of Women.
The Supreme Court's first encounter with a law imposing prior restraint on a newspaper was in
Near v. Minnesota" (1931)
In what case did the Supreme Court hold that the First Amendment prohibits punishment for publishing statements about the official conduct of public officials except when such statements are made with actual malice?
New York Times Co. v. Sullivan" (1964)
The case which stated the separate but equal doctrine
PLESSY v. FERGUSON
In __________, the Supreme Court found that segregation of rail transportation was constitutional because separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.
Plessy v. Ferguson
In 1971, the Supreme Court ruled that the 14th Amendment equal protection clause prohibited unreasonable classifications based on sex, but did not accord gender as a suspect classification entitled to strict scrutiny, in
Reed v. Reed.
In which case did the Supreme Court rule that the concept of privacy included the right to a legal abortion?
Roe v. Wade
The ammunition to defeat the ratification of the Equal Rights Amendment came from the Supreme Court's decision in
Roe v. Wade.
The case that legalized abortion in the first and second trimesters of pregnancy, as well as to save the life and health of the mother, was called
Roe v. Wade.
The president who was elected to office, at least in part, due to a promise to return power to the states was
Ronald Reagan.
In 1955, the Montgomery Bus Boycott began with the intent of ending segregation on public transport. The catalyst for the boycott was a black person who was arrested for refusing to give up a seat to a white person. The name of this person was
Rosa Parks.
The Court ruled that obscenity must be 'utterly without redeeming social value' and appealing primarily to the 'prurient interest', and thus not be protected speech, in the case
Roth v. U.S.
The clear and present danger test was formulated in
Schenck v. U.S." (1919).
In 1848, the first women's rights convention as held in
Seneca Falls.
The right to a speedy and public trial by an impartial jury is guaranteed by the __________ Amendment.
Sixth
In 1957, a number of black leaders, including Martin Luther King, Jr., established a new group to fight for civil rights based in the South called the
Southern Christian Leadership Conference (SCLC).
The longest filibuster in Senate history was an attempt to block the Civil Rights Act of 1964 by
Strom Thurmond (D-SC).
The Supreme Court first acknowledged that symbolic speech was entitled to First Amendment protection in the case
Stromberg v. California.
The president of the National American Woman Suffrage Association (NAWSA. , founded in 1890, was
Susan B. Anthony.
The Supreme Court ruled that all vestiges of state-imposed segregation must be eliminated at once in the 1971 case
Swann v. Charlotte-Mecklenburg School District.
Federalism refers to a
relationship between the national and state governments.
What was a feature of the "Incorporation Doctrine"?
That the Bill of Rights should extend to the States.
The concept of equality is boldly proclaimed in
The Declaration of Independence.
The concept of horizontal federalism deals with
relationships between state governments.
What event is most closely associated with the federal government assuming its greatest power?
The Great Depression
What is the constitutional basis for Congress's implied powers?
The necessary and proper clause
The ------------ Amendment provides that "neither slavery nor involuntary servitude ... shall exist within the United States, or any place subject to their jurisdiction."
Thirteenth
School shootings in Colorado and Georgia heightened interest in gun control legislation.
True
Block grants are federal monies given to the states with few strings attached.
True
Brown was the most important civil rights case in the 20th century.
True
Since 1976, the Supreme Court has ruled that single-sex public nursing and military schools violate the 14th Amendment.
True
Civil liberties often present complex problems.
True
Despite several large grant programs and other national interventions, education is primarily a state responsibility.
True
Drug testing is a controversial Fourth Amendment issue.
True
Federal grants have been used since the Civil War to allocate federal funds to the states.
True
Hate speech, in at least one university's speech code, was ruled unconstitutional restraint of free speech.
True
Implied powers are derived from constitutionally enumerated powers.
True
In 1848, Elizabeth Cady Stanton and Lucretia Mott called for the first women's rights convention.
True
In 1986, the Supreme Court began to rule against affirmative action cases, arguing that they were unconstitutional.
True
In 1995, the Supreme Court reasserted state control over suffrage and elections in U.S. Term Limits v. Thornton.
True
In Barron v. Baltimore (1833), the Supreme Court ruled that the Bill of Rights was intended to limit the powers of the national government to infringe on the rights and liberties of the citizens, not the state governments.
True
In Bradwell v. U.S. (1873), the Supreme Court ruled that the 14th Amendment did not apply to women.
True
In Brown v. Board of Education, Thurgood Marshall argued before the Supreme Court that 'separate but equal' was unconstitutional according to the 14th Amendment.
True
In New York Times v. Sullivan (1964), the Supreme Court made it extremely difficult to libel a public figure.
True
In general, the recent trend of the Court has been to lower the wall of separation between church and state.
True
In most states during the 1800s, women could not divorce their husbands or keep their own wages and inheritances.
True
In the case Roe v. Wade, the Supreme Court ruled that the state had a right to regulate second trimester abortions and that in the third trimester, abortions would only be legal if the life and health of the mother were at stake.
True
Many people today are calling for a return of power to the states.
True
Most of the former Confederate states passed Black Codes to restrict opportunities for newly freed slaves.
True
NAWSA based its claim for the women's right to vote on the fact that mothers should be enfranchised.
True
New Jersey sued New York over the ownership of Ellis Island under the original jurisdiction of the Supreme Court.
True
One of the most successful groups lobbying on behalf of women in the late 1800s was the National Consumers' League.
True
One of the original reasons for federal grants was to counteract the perceived over representation of rural interests in state legislatures.
True
President Truman was the first president to send a friend-of-the-court brief to the Supreme Court supporting the rights of African Americans.
True
Conflicts over civil liberties often
require balancing competing interests.
The Equal Rights Amendment was only three states short of ratification in 1978.
True
The Fifth Amendment includes your constitutional right against self incrimination.
True
The Montgomery Bus Boycott was an important landmark for the civil rights movement because it was the first successful nonviolent protest.
True
The NAACP Legal Defense Fund created a carefully crafted strategy of test cases beginning with graduate and professional education believing that desegregating these would be less threatening to whites.
True
The New Deal was a package of policies introduced by the Roosevelt administration to remedy the Great Depression through federal action.
True
The Supreme Court has ruled that police do not need a search warrant if a search is pursuant to an arrest or if items are in 'plain view.'
True
The advocacy of illegal action is protected by the First Amendment unless imminent action is likely to occur.
True
The challenge for the U.S. has always been to preserve the independence and rights of the states while establishing an effective national government.
True
The establishment clause prohibits the national government from establishing a national religion and is found in the First Amendment.
True
The first Africans were brought to the New World in 1619.
True
The first Supreme Court case dealing with symbolic speech was Stromberg v. California (1931).
True
The first ten amendments to the Constitution are referred to as the Bill of Rights.
True
The governor of Arkansas prevented integration in the high school with the use of National Guard troops, until federal troops were called in to protect the students and integrate the school in the late 1950s.
True
The long term viability of the Miranda rule seems assured.
True
The necessary and proper clause is the root of Congress' implied powers.
True
The philosophy that describes the relationship between the state and national governments created by the Framers is called federalism.
True
The ruling in Gitlow v. New York was that states could not infringe on free speech rights.
True
The ruling in Miller v. California made it easier for states to regulate pornography.
True
The suffrage movement was the drive for women's right to vote.
True
There are almost 90,000 state and local governments in the United States.
True
There are fewer than two million Native Americans in the United States today.
True
Women opposed the ratification of the 15th Amendment.
True
Federal systems include:
U.S.A., Mexico, and Switzerland
There was a tremendous national reaction to a novel published in 1852 on the evils of slavery. The novel was called
Uncle Tom's Cabin.
In August 1963, Martin Luther King, Jr. led a huge march on __________ that culminated in his speech titled "I Have a Dream."
Washington
Among the most prominent people in the Abolitionist Movement was
William Lloyd Garrison.
The privileges and immunities clause of the Constitution means
a citizen of one state cannot be treated as an alien in another state.
Cooperative federalism is characterized by
a stronger, more influential national government.
Of the different ways of ordering relations between central governments and local units, the most popular method is
a unitary system.
During the 1970s, in a 7-2 decision, the Supreme Court found that __________ was protected by the right to privacy implied from guarantees in the Bill of Rights and the 14th Amendment.
a woman's right to terminate a pregnancy under certain conditions
Under the Constitution, national and state governments are
accountable to the people.
Programs designed to overcome the effects of past discrimination are known as
affirmative action
A warrantless search without probable cause can be made of
all of the above
Once passed, the Civil Rights Act of 1964
all of the above
The "establishment clause" of the First Amendment prohibits the government from setting up a church. It also prevents government from passing laws that
all of the above
In Chaplinsky v. New Hampshire (1942), the Supreme Court ruled that certain forms of speech were not protected by the First Amendment such as
all of the above.
In Miller v. California (1973), the Supreme Court redefined obscenity, concluding that a work was obscene if it
all of the above.
In addition to granting certain powers to state and national government, Article I also denies some powers to those governments, for example,
all of the above.
In the 1930s, the era of dual federalism came to an end with the Great Depression. This crisis led to
all of the above.
The establishment clause has been said to
all of the above.
The purposes of federal grants are to:
all of the above.
The right to privacy stems from the idea that some areas of life are off limits to governmental regulation and is inferred from constitutional rights
all of the above.
"Dual federalism" is the practice of
allowing the states and the federal government to separately exercise power in areas of legitimate concern to them.
During the 1990s, Congress was particularly concerned with two obscenity issues. They were
arts funding and the Internet.
The new Constitution clearly established the federal government's right to tax in order to
avoid the financial problems of the Articles of Confederation.
The Missouri Compromise of 1820
banned slavery north of the Mason-Dixon Line.
The establishment clause
bars government sponsorship or support of religious activity.
In a case referred to as Brown II, the Supreme Court ruled that racially segregated school systems must
be dismantled with "all deliberate speed."
In a long series of rulings that began with the 1925 Gitlow case, the Supreme Court has
began a process of selective incorporation of the Bill of Rights to the states
A law declaring an act illegal without a judicial trial is called a(n)
bill of attainder.
Legislative acts that make an individual guilty of a crime without a trial are
bills of attainder.
The case Griswold v. Connecticut (1965) involved the issue of
birth control for married couples.
President Reagan preferred less restrictive funding to state and local governments called __________ grants.
block
Programs to channel federal monies to the states with 'no strings attached' are known as
block grants.
To which government does eminent domain apply?
both federal and state
In the United States, citizens live under:
both the U.S. and a state constitution
In 1998, President Clinton issued an executive order on federalism that
caused a political firestorm.
Personal rights and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation are called
civil liberties.
The positive acts governments take to protect individuals against arbitrary or *discriminatory treatment by governments or individuals are called
civil rights.
In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of speech in times of war if they constituted a
clear and present danger to society.
Contrary to what Alexander Hamilton thought, many people today argue that the federal-state relationship has become one of
coercion.
One of the rationales for federal intervention in state and local government affairs is the
commerce clause.
During the Taney Court, the Court articulated the notion of
concurrent powers.
A league of independent states in which the central government handles only those matters of common concern EXPRESSLY delegated to it is referred to as a
confederal system.
The federalism of the Constitution
conferred more substantial powers on the national government, at the expense of state powers.
A warrantless search can occur constitutionally if
consent is given.
Warrantless searches are
constitutional under certain circumstances
The meaning of the supremacy clause has been
continuously reinterpreted.
New Deal programs led to an era of federalism often referred to as __________ federalism.
cooperative
An example of an IMPLIED POWER is the federal government's right to:
create a national bank.
The Eighth Amendment prohibits
cruel and unusual punishment.
In "Regents of the University of California v. Bakke", Allan Bakke contended that
he had been the victim of reverse discrimination.
Racial discrimination that results from practice rather than law is called discrimination.
de facto
De facto segregation differs from de jure segregation in that
de facto segregation is not done by the government, and de jure segregation is.
As a result of the Miranda Case:
defendants must be told their rights before being questioned.
In Bradwell v. Illinois (1873), the Supreme Court ruled that the 14th Amendment
did not protect women from discrimination.
The Supreme Court has defined obscenity
differently over time.
In 1969, the Supreme Court fashioned a new test for deciding what types of speech could be regulated by the government. The new test made it more difficult to limit speech due to the requirement of imminent harm. The new test was called
direct incitement.
Federal courts created the doctrine of DUAL FEDERALISM in order to:
distinguish between the powers of the federal and state governments.
Unitary systems:
do not have independent state governments.
The trial of a person for a crime for which he has already been found not guilty is known as
double jeopardy
The doctrine, applied by the Taney Court, that the national government should not exceed its enumerated powers is called
dual federalism.
The Fifth and Fourteenth Amendments provide for
due process of law
Article I, section 8 gives Congress the power to pass all laws "necessary and proper" to carrying out its enumerated powers. This clause is also known as the
elastic clause.
Abolitionists worked towards
ending slavery.
The exclusionary rule holds that
evidence obtained from an illegal search and seizure cannot be used in a trial.
In 1914, the Supreme Court ruled that illegally seized evidence could not be used at trial. This became known as the
exclusionary rule.
In 1972, the Supreme Court expanded on their ruling in Gideon by
expanding right to counsel in offenses less serious than felonies
In 1964, a full decade after Brown v. Board of Education, __________ percent of African American children in the South attended integrated schools.
fewer than 1
In Texas v. Johnson (1989), the Supreme Court ruled that __________ was/were speech protected by the First Amendment.
flag burning
Freedom of religion includes the right:
for any group and/or individual to set themselves up as a religion.
In the 1943 Barnette case, the Supreme Court upheld the right to refuse to salute the American flag on the basis of the constitutional guarantee of
free speech
The clause that ensures that judicial decrees and contracts made in one state will be binding and enforceable in another is called the __________ clause.
full faith and credit
The implied powers of the national government
give elasticity to our constitutional system.
In a confederal political system the central governing unit
has no ability to make laws directly applicable to individuals without the authority of state governments.
The state of Maryland imposed a tax on the Bank of the United States because
it feared an extension of centralized political power.
The Equal Rights Amendment was defeated in 1982 because
it fell short of the thirty-eight states needed for ratification
The Compromise of 1820
kept slavery legal.
During the early years of the 'New Deal,' the attitude of the Supreme Court towards federal economic intervention could be characterized as
laissez-faire.
The first true federal grant program funded
land-grant colleges.
The Bill of Rights was intended to
limit the powers of the national government to infringe on the liberties of citizens.
States may not
make treaties with foreign nations.
Federal grant programs often have the effect of
making it easier for the federal government to impose national goals on the states.
This is not the state power according to the 10th amendment:
making treaties
National laws that direct states or local governments to comply with federal rules and regulations are called
mandates.
In addition to the doctrine of implied powers, Chief Justice Marshall, in his decision in the Supreme Court case of McCulloch v. Maryland (1819), established the key concept of
national supremacy
The amendments that highlight the Anti-Federalist fears of a too-powerful national government are the __________ amendments.
ninth and tenth
Martin Luther King Jr.'s strategy of civil disobedience consisted of
nonviolent breaking of laws perceived to be unjust.
Governments have had difficulty regulating obscenity because the courts have held that
obscenity can be prosecuted, but the definition of obscenity has varied over time and from place to place.
The First Amendment states that "Congress shall make no law abridging freedom of speech." The Supreme Court has ruled that it is constitutional to restrict some types of speech, such as
obscenity.
Where secular law conflicts with religious belief, freedom of religion is
often denied.
The Bill of Rights imposed limits initially
on the national government, but not on state governments.
Federal government obligations to states include all of the following except
organize and hold elections for state office
In Reno v. ACLU, the Court ruled that the 1996 Communications Decency Act violated the First Amendment because it was a content-based blanket restriction. Congress' intent was to protect minors from pornography on the Internet. In response, Congress
passed a new law requiring credit card numbers and access codes for access to sites 'harmful to minors.'
The writ of habeas corpus protects:
persons in confinement.
The method by which the federal government can override state or local actions is called
preemption.
The Framers created the federal system in order to
prevent tyranny by dividing the powers of government.
The judicial doctrine that government cannot prohibit speech or publication before the fact is called
prior restraint
The methods by which a law is enforced involves which type of due process
procedural
When the NAACP began their litigation strategy to end segregation, they chose to begin by challenging segregation in
professional and post-graduate schools.
The Eighth Amendment
prohibits cruel and unusual punishment.
The DUE PROCESS CLAUSE of the Fourteenth Amendment to the U.S. Constitution:
prohibits states from violating certain rights guaranteed by the federal Constitution.
During the early years of the 'New Deal,' the Supreme Court
ruled many programs unconstitutional.
In Regents of the University of California v. Bakke (1978), the Supreme Court ruled that
schools could take race into account but not by strict numerical quotas.
The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called
selective incorporation
The Equal Rights Amendment declared that "equality of rights under the law shall not be denied or abridged by the United States or any State on account of
sex."
In a federal political system, power is
shared between the central government and constituent governments.
The Supreme Court has ruled that a jury trial must be held if a prison sentence of __________ is possible.
six months
The bad tendency doctrine relates to the freedom of
speech
The effect of Reagan's new federalism was
state dependency on federal aid.
Suffrage rights are constitutionally determined by
state governments.
The supremacy clause of the Constitution means
states cannot use their reserved or concurrent powers to thwart national policies.
The Constitution has a long list of federal powers, but few powers are listed for the states. This is because
states had all the power at the writing of the Constitution and a list was deemed unnecessary.
The Tenth Amendment provides for
states' reserve or police powers.
The Sedition Act of 1789 is about:
stirring up rebellion against government; outlaws false, malicious speech against national government
Among the concurrent powers of the U.S. system are
taxation.
In the case of McCulloch v. Maryland, the Supreme Court held
that only when acts of Congress are forbidden by the Constitution are they unconstitutional.
The passage of the Constitution that has generated more litigation than any other is
the 14th Amendment.
The nature of federalism was changed forever by
the Civil War.
Republicans, in 1994, ran for election on a campaign pledge to force a national debate on the role of the national and state governments under the rubric of
the Contract with America.
All citizens are guaranteed the "equal protection of the laws" by
the Fourteenth Amendment.
In 1964, the Johnson administration launched a broad attempt to combat social ills called
the Great Society.
In which case did the Supreme Court rule that under the Fifth Amendment's protection against self-incrimination, suspects must be clearly informed of their rights before they are asked any questions
the Miranda case
Which institution serves as an arbiter or umpire in questions of state versus national power?
the Supreme Court
During the 1960s, in an effort to end segregation, the federal government began encroaching on one of the most sacred areas of state regulation in the federal system,
the conduct of elections.
In Lynch v. Donnelly (1984), the Supreme court upheld placing a publicly funded Christmas Nativity scene on public property on the grounds that
the display celebrated a national holiday and did not have the primary effect of advancing religion.
The Bill of Rights is found in
the first ten amendments.
Geraldine Ferraro is
the first woman to run for vice-president on a major party's ticket
The 13th, 14th, and 15th amendments were very important for:
the freedoms and rights of blacks
States have the right, according to Roe v. Wade, to regulate or outlaw abortions only in the trimester.
third
The federal government has compelled the states to raise their drinking age by
threatening to withhold highway funds.
A major reason for the idea of full faith and credit clause is
to insure that rights established in contracts in one state will be honored by other states.
The basic premise of federalism is that
two or more governments share power over the same land and people.
Many states in the 1990s were unhappy with their position in the federal system due to
unfunded mandates.
Programs passed by Congress requiring state compliance that come with no appropriated funds are called
unfunded mandates.
Under the U.S. Constitution, American Indians are considered to be
unique.
In Minor v. Happersett (1875), the Supreme Court ruled that
voting was not a privilege of citizenship.
In Griswold, the Supreme Court ruled that the First, Third, Fourth, Fifth, and 14th Amendments cast penumbras, thereby creating
zones of privacy.