PSCI 2306 Test 3 Study
Which of the following is the primary source of the power of discretion given to bureaucrats?
Congress
Which of the following BEST summarizes Justice Simmons's argument on why it would be virtually impossible, under current Texas law, for judges to recuse themselves from cases in which one or more parties have contributed to their election campaigns?
If judges recused themselves from every case in which one or more parties had donated to their campaigns, they would recuse themselves from more cases than they would hear.
According to the chart covering key demographic groups, which generation is MOST likely to oppose gay marriage? (Be sure to click the "Generation" view to answer the question.)
the slient generation
Which of the following might submit amicus curiae briefs to the Supreme Court?
the solicitor general
Who represents the federal government in cases heard by U.S. appellate courts?
the solicitor general
Why was it vital for the Court to issue a unanimous decision regarding desegregation in the case of Brown v. Board?
to facilitate implementation of the ruling by sending a strong message of complete agreement
The "Doll Study" was used as evidence in which of the following cases?
Brown v. Board of Education of Topeka, Kansas
Korematsu v. United States generated which standard of review?
"compelling state interest test"
Roughly what percentage of Texas's 2014 spending was for DFPS?
1.5 %
Prior to the passage of the Bill of Rights, how many amendments were approved by Congress?
12
How many entities make up the Executive Office of the President?
13
In his majority opinion for the case of Obergefell v. Hodges, which constitutional amendment did Justice Kennedy rely on to justify the Supreme Court's decision legalizing same-sex marriage?
14th
Which amendment guaranteed African Americans the right to vote?
15th
About how long did the Sunset review process take from the submission of the DFPS self-evaluation report (PDF) until SB 206 was introduced in the senate?
18 months
In what year did the Supreme Court decide the case of Marbury v. Madison?
1803
In 2018, how many of the nine justices on the Texas Supreme Court were women?
2
In what year did those who favor same-sex marriage first outnumber those who oppose it?
2011
Since Republicans invoked the "nuclear option" to confirm Neil Gorsuch to the Supreme Court, how many senators are now needed to confirm a Supreme Court nominee?
51
Where was public opinion on the issue by 2015, when the Court decided, in Obergefell v. Hodges, to legalize gay marriage?
55 percent favor; 39 percent oppose
What was public opinion regarding same-sex marriage in 2001?
57 percent opposed same-sex marriage, while 35 percent supported it
How many justices served during the first session of the Supreme Court?
6
Jim Crow laws were upheld by the Supreme Court for how long?
60 years
According to the author, what percent of those surveyed said they trusted the judiciary?
61 percent
How many municipal courts were there in Texas in 2018?
940
Why does Texas have a sizable bureaucracy (in numerical terms) despite its commitment to small government?
A certain amount of bureaucracy is necessary to establish the basic delivery of goods and services that government provides.
What does it mean to say the Fifth Amendment protects citizens against double jeopardy?
A citizen cannot be tried twice for the same crime.
Education officials assert that the SBOE has no jurisdiction over how local school districts teach the state curriculum. Which of the following represents some evidence that this assertion might not be true?
A court order blocked a school district from using the now publicly available lessons produced by CSCOPE.
What is the first step a case on appeal goes through in its journey to the Supreme Court?
A petition for a writ of certiorari is filed.
While there are benefits to longer term lengths for judges, which of the following represents a possible problem with longer term lengths?
A judge can rule based on personal bias since he is less frequently held accountable.
According to the poll results, what do the majority of Americans think regarding campaign contributions and judges' decisions?
A majority of Americans believe campaign contributions have some or a great deal of influence on judges' decisions.
According to the poll results, what do most Americans think about judges hearing a case from someone who has contributed $10,000 or more to their campaign?
A majority of Americans believe that judges should recuse themselves from cases involving individuals or corporations who have contributed $10,000 or more to their campaign.
Which of the following serves narrow rather than general interests?
the Department of Agriculture
Why are independence and accountability considered contradictory goals with respect to judges?
Accountability limits independence.
What does the term "adverse selection" mean, and how is it related to premium costs under the ACA?
Adverse selection refers to the possibility that sick people will sign up for the ACA at greater rates than healthy ones, thus increasing premium costs for everyone.
Who described the Supreme Court as the weakest branch of government in Federalist No. 78?
Alexander Hamilton
Which of the following conclusions about Alice Paul can be drawn from the newspaper article about her hunger strike? Choose the BEST answer.
Alice Paul was not afraid to go to extreme lengths in her dedication to her cause and her fellow suffragists.
The USDA is considered a clientele agency, meaning that its programs are intended to benefit a certain group, while that group also works to support the agency. Which of the following BEST describes the clientele that the Department of Agriculture primarily serves?
American agricultural producers and rural farm communities
The idea of dual citizenship in the context of civil liberties refers to which of the following?
Americans being subject to both state and national protections
Which of the following is an accurate statement regarding the freedom of religion?
Americans were not always protected from state infringement on freedom of religion.
What distinguishes an iron triangle from an issue network?
An iron triangle tends to be more powerful than an issue network.
In which of the following cases did the Supreme Court rule that schools must desegregate "with all deliberate speed"?
Brown v. Board II
How did the doll test demonstrate that separate was not equal?
Because the majority of the children played with the white baby dolls and demonstrated anger toward the black baby dolls, the study showed that segregation had the psychological effect of causing children to see blacks as inferior to whites.
Based on the excerpts above, which of the following statements BEST describes how the Supreme Court decisions in Bowers v. Hardwick and Lawrence v. Texas pertained to privacy?
Bowers extended the state's power into intimate relations, while Lawrence protected privacy in the home.
Which of the following assumptions is crucial to the argument made by the author of this essay?
Bureaucratic agencies are motivated by the desire to increase their budgets.
What does Texas's balanced budget requirement entail?
By law, the state legislature cannot adopt a budget that exceeds anticipated revenue.
Which of the following represents an accurate statement regarding the death penalty?
Several states have placed a moratorium on the death penalty.
Why was Justice Sotomayor's nomination significant?
She is the first Hispanic to serve on the Supreme Court.
What does the reporter mean when he says that Texas Child Protective Services has "effectively an impossible job"? Choose the BEST answer.
CPS workers must walk a fine line between balancing the rights of parents and the responsibility to protect children.
Which of the following BEST describes the intent of the civil service?
Career bureaucrats AND political appointees are to be hired and promoted based on merit.
The current Supreme Court justices are primarily of which of the following religious affiliations?
Catholic
What happened in the aftermath of the shootings that occurred at Sandy Hook Elementary School in late 2012?
Congress did not renew the federal assault weapons ban.
According to the Staff Report with Final Results (PDF), what did the passage of the bill effectively accomplish regarding whether or not to continue the Department of Family and Protective Services as a state agency?
DFPS will be continued as an independent agency until 2023.
President Barack Obama replaced which of the following Supreme Court justices?
David Souter
Which of the following statements does NOT accurately describe what Figure 5 illustrates?
Democratic president Carter appointed a higher percentage of women to his cabinet than Republican president Reagan did in his first term in office.
What do Figures 1 through 4 illustrate about diversity in the federal bureaucracy compared with the private sector?
Diversity in the federal bureaucracy roughly reflects the diversity of the private sector.
Based on the eight issues that are described as fundamental to determining whether the implementation of the ACA is a success, which of the following BEST summarizes the central question at the heart of these issues?
Do more people have access to health care as a result of the ACA?
In Morse v. Frederick, what was the question at stake?
Does a violation of the First Amendment right to free speech occur when a public school suspends a student for displaying a banner that advocates drug use?
Which of the following falls into Stage 1 of the Sherbert test?
Does the government action pose a substantial burden to the person's ability to act on that belief?
Which of the following accurately describes the program termination efforts of the Republican-controlled 104th Congress?
Efforts focused on two fairly small agencies.
When Alice Paul leads the "silent sentinels" picketing in front of the White House, how does the video portray President Woodrow Wilson's response?
He is seen watching them, but he does not appear to act immediately.
How does Kennedy invoke the right to dignity in the closing lines of the opinion?
He suggests gay couples ask for the right to choose whom to love, to marry out of that love, and to find equal recognition for that marriage by the state.
Why did President Jefferson fail to deliver the commissions?
He did not want any more Federalists in the judiciary.
Which executive department has the largest budget?
Health and Human Services
The campaign promises of which of the following resulted in a major expansion of the federal bureaucracy?
Franklin Roosevelt
What is the interlocking nature of the Due Process and Equal Protection Clauses when it comes to gay rights, according to Kennedy?
Gay rights involve both principles of liberty (to engage in intimate sexual conduct in the privacy of the home) and principles of equality (to enjoy the same benefits afforded to heterosexual couples).
In which case did the Supreme Court first mention the right to privacy?
Griswold v. Connecticut
Why is Alejandro Cruz-Guzman suing the state of Minnesota?
He believes the state has condoned segregated school zones.
Which of the following BEST summarizes Wilson's response to the suffragists' plea for presidential support for the passage of the Susan B. Anthony amendment?
He claimed he personally believed in their cause, but as party leader, he was obligated first and foremost to follow the orders of his party.
What has been the most recent attempt to overhaul the present system for filing judicial posts?
In 2003, legislation calling for appointment of judges at the high court level was introduced, but it ultimately stalled.
Through the Pew Research Center's charts on state policies and public opinion regarding gay marriage, we saw a shift toward more liberal positions on issues concerning gay rights. How do the Supreme Court's rulings in Bowers v. Hardwick (1986) and Lawrence v. Texas (2003) mirror this trend?
In Bowers, the Court did not find a right of privacy that extends to homosexual sodomy. By Lawrence, the Court had found a right of privacy that protects freedom of intimate conduct (including homosexual sodomy).
What would happen if cases were decided based on written law alone?
Inconsistencies might emerge in the rulings issued by different judges.
A bureaucracy has which of the following characteristics?
It reflects a division of labor.
Which of the following is a common suggestion as to how the federal bureaucracy should be reformed?
It should become more efficient.
After World War II, the length of the lieutenant governor's term of office was constitutionally extended from two to four years. What was the effect of this extension?
It allowed lieutenant governors to gain more informal influence and legislative expertise.
What was the societal impact of Plessy v. Ferguson
It allowed racial inequality to persist in American society.
Which of the following is an argument in favor of judicial review?
It allows the Court to give voice to minority interests.
What is one of the main characteristics of a perfect bureaucracy?
It assigns responsibilities based on technical competence.
The Supreme Court's powers are limited in which of the following ways?
It cannot enforce the decisions it makes.
How does the Texas Code of Judicial Conduct affect judicial campaigns?
It doesn't have much of an effect on political activity during judicial campaigns.
What was the Court's ruling in Lawrence v. Texas?
It extended the right to privacy to sexual conduct between consenting homosexual adults./.;l
What was the significance of the Missouri Compromise?
It granted freedom to any slave whose master established residence in a free territory.
To help facilitate a smooth implementation of the ACA, what has the federal government done to assist consumers who are trying to obtain health insurance?
It has set up a call center to answer questions from people in states that use the federal exchange.
According to the essay, why was this parade so important for the movement at this particular time?
It infused new life into the women's suffrage movement and renewed public interest in their cause.
How does Marshall describe the judiciary's role in government?
It interprets laws and the Constitution and settles conflicts between them.
EPA
It makes sense for the EPA to handle the creation of fuel efficiency standards for all of these reasons: the bureaucracy is organized by task, and fuel efficiency standards are associated with one of the EPA's tasks; Congress prefers to delegate the technical aspects of policymaking to the federal bureaucracy; and the EPA's mission is to protect the environment, and raising fuel efficiency standards should reduce air pollution and protect the environment.
Why might the Supreme Court prohibit a religious practice?
It may endanger human safety.
It would lower the Constitution's status to that of any ordinary piece of legislation.
It would lower the Constitution's status to that of any ordinary piece of legislation.
Considering the rulemaking process, how might controversy affect the approval of a new organic standard?
It would probably delay the rulemaking process.
How did people obtain bureaucratic jobs in the 19th century?
Jobs were awarded based on political allegiance.
What do believers in the Hamiltonian approach to government argue?
Judges cannot be independent if they're worried about reelection.
Which statement BEST summarizes the findings of the studies cited in this opinion article?
Judges who are elected are no more biased than judges who are appointed.
Why does Texas's practice of choosing judges in partisan elections lead to questions regarding the independence and capability of many state judges?
Judicial candidates often make biased claims in order to win or keep a seat on the bench, creating the potential for serious conflicts of interest.
Who equated cross burning with terrorism in Virginia v. Black
Justice Thomas
In what way was the Supreme Court exercising its original jurisdiction when it agreed to hear the case?
Marbury had directly petitioned the Supreme Court to issue a writ of mandamus.
By what means was the Supreme Court's power first significantly increased?
Marbury v. Madison
What happens if there is a judicial vacancy outside of the normal electoral calendar?
The vacancy is filled by someone appointed by the relevant elected official(s).
How did Marshall justify his ruling that the Supreme Court could not order Madison to deliver Marbury's commission?
Marshall decided that part of the Judiciary Act of 1789 was unconstitutional because it expanded the Court's original jurisdiction to include cases like Marbury's.
Despite his Federalist sympathies, why was Chief Justice John Marshall hesitant to issue a ruling in favor of Marbury?
Marshall worried that President Jefferson would simply ignore the Supreme Court's decision.
What two states served as policy "pioneers" experimenting with health care reform initiatives that ultimately became critical parts of the ACA?
Massachusetts and Utah
What was the first state to legalize gay marriage, and when did this happen?
Massachusetts became the first state to legalize gay marriage in 2003.
What was a reform that one state in particular had already tested out before passage and implementation of the ACA?
Massachusetts had already enacted an individual mandate requiring health insurance.
Which of the following states had slaves that were not freed by the Emancipation Proclamation?
Missouri
According to Figure 1, which of the following statements is TRUE?
More states have capped punitive damages than have capped noneconomic damages.
Which of the following provides the BEST explanation for why Stanton patterned her document so closely after the Declaration of Independence?
She wanted to emphasize the parallel between the American colonists and contemporary women as oppressed groups standing up for "self-evident" and "inalienable" rights.
How is the State Board of Education selected?
Most of its members are elected by voters, but some positions are appointed by the governor.
which of the following contemporary issues relates to the Fourth Amendment?
NSA surveillance
Which of the following is true of the appeals process?
No new facts or evidence may be introduced during an appeal.
Do all Texas judges have to be licensed to practice law?
No, constitutional county court judges and justices of the peace do not have to be licensed to practice law.
What happened to James Obergefell that led his case to be heard by the U.S. Supreme Court?
Obergefell married his partner in Maryland, where same-sex marriage was legal, but resided in Ohio, where it was not. Thus he could not enjoy the same marriage benefits as opposite-sex married couples and was not listed on his spouse's death certificate.
Why did Stella Liebeck sue McDonald's?
She was badly burned when she spilled a cup of their coffee in her lap.
What happened when Oliver Brown tried to enroll his daughter in the all-white school?
She was denied admission to the school, allowing the case challenging the "separate but equal" doctrine to proceed.
The ruling in which of the following cases established the "separate but equal" doctrine?
Plessy v. Ferguson
Which U.S. Supreme Court case initially established the constitutionality of the doctrine of "separate but equal"?
Plessy v. Ferguson
Which of the following reflects a change in the interpretation of the Sixth Amendment from the past 50 years?
Poor defendants in felony cases are now provided counsel by the state.
After World War II ended, what happened to the federal bureaucracy?
President Truman made efforts to streamline it.
According to the chart on political party identification, how much did support for same-sex marriage among Republicans (and those who lean Republican) change between 2001 and 2019? (Be sure to use the "Leaned party" view to answer this question.)
Republican support for same-sex marriage increased by 21 percentage points.
Since 1999, how much of the state's judicial bench has been Republican?
Republicans have held all nine of the seats on both the court of criminal appeals and the state supreme court.
When did the Court establish the trimester system to structure a woman's rights during pregnancy?
Roe v. Wade
Until 1986, what was the guiding principle concerning the limits on student speech?
Schools could limit only speech that was materially disruptive to school activities.
The legislature can influence the judicial nomination process through which of the following?
Senate confirmation
What happened in the aftermath of the February 14, 2018, school shooting in Parkland, Florida?
Several states enacted laws or executive orders to reform gun control in their states.
What was the immediate effect of Abraham Lincoln's election to the presidency?
South Carolina seceded from the Union.
According to the conclusion, how is a policy's internal architecture and external environment related to successful implementation?
Successful implementation of the Affordable Care Act largely depends on many players complying with the law and working together across partisan lines.
What is the partisan difference in support for gay marriage?
Support for same-sex marriage is higher among Democrats than among Republicans.
Who drafted the 19th Amendment to the Constitution?
Susan B. Anthony
Why is revenue from state lands so important?
Texas collects no income tax and uses a portion of oil and gas royalties to fund public education.
Why is the commissioner of agriculture a key position in the plural executive?
Texas is the second leading overall agricultural producer in the United States.
What is one possible effect of partisan elections on the abilities and competence of judges in Texas as compared to other states with different systems for selecting judges?
Texas judges may have less experience due to electoral turnover.
According to Justice Kennedy's reasoning, what is the relationship between the right of same-sex couples to marry and the 14th Amendment?
The 14th Amendment promises liberty and equal protection.
How has partisanship been closely tied to implementation of the ACA?
The ACA has a record of almost no Republican support.
To what extent does the Texas attorney general (AG) handle criminal issues
The AG supports and advises city and county-level officials in promoting awareness on crime and safety issues.
What does Justice Kennedy write in the opening paragraph regarding the Constitution and liberty?
The Constitution promises liberty to all within its reach, including rights that allow persons to define and express their identity.
According to the excerpt above, what argument did the Supreme Court make in Obergefell v. Hodges concerning the Constitution and gay rights?
The Court argued that the Constitution grants same-sex couples a right to marry and gives them "equal dignity in the eyes of the law."
The power of judicial review rests on which of the following assumptions?
The Court has the power to interpret the Constitution.
What was the outcome of the Tinker case in 1969?
The Court upheld students' constitutional right to free speech in school.
What was the Supreme Court's ruling in the Morse v. Frederick case?
The Court upheld the school's restrictions on student speech.
According to the video, what was unusual about the Supreme Court issuing this second decision in the Brown case?
The Court was taking an active role in overseeing the implementation of a previous decision.
Issue 5 identifies a problem with collecting and evaluating data from Child Protective Services. Which of the following is a key recommendation to address this problem?
The DFPS should improve its collection and evaluation in several ways, including expanding the investigation process associated with child deaths.
Compare the text of the Declaration of Sentiments to the United States Declaration of Independence, which can be viewed here. Which of the following is an example of a difference between the two documents?
The Declaration of Sentiments claims that "all men and women are created equal," while the Declaration of Independence merely states that "all men are created equal."
For the first half of the nation's history, the Bill of Rights protected citizens from which of the following?
The National Government.
The goals of the Great Society initiative most closely resembled those of which of the following?
The New Deal
What is the third step to filling a Supreme Court vacancy?
The Senate Judiciary Committee holds hearings.
Which of the following statements BEST describes the political appointment process today?
The Senate prioritizes delay and partisanship when it "advises" the president concerning his executive branch appointments.
Which of the following statements accurately describes the Supreme Court's early history?
The Supreme Court met in a variety of places.
What happened in 2013?
The Supreme Court struck down part of the Defense of Marriage Act, requiring the federal government to recognize same-sex marriage in states that have legalized it.
What was the significance of having a class action suit in dealing with segregation in public schools?
The Supreme Court was compelled to hear and decide on multiple cases at once.
Why does Texas have a State Board of Education (SBOE)?
The Texas Constitution designates the SBOE to implement the mandate for a free public education system.
How does the power of the Texas lieutenant governor compare to the powers of lieutenant governors in other states?
The Texas lieutenant governor is very strong by comparison.
Which of the following BEST describes what has happened to the EPA's budget over the past 40 years?
The budget has remained relatively stable since 1980.
How did distrust of the British government influence the original structure of the federal bureaucracy?
The bureaucracy was small when initially created.
How is the comptroller of public accounts involved in the Texas budget?
The comptroller provides a revenue forecast and ensures that the budget passed by the legislature is within that revenue estimate.
At what point was the concept of equality enshrined in the U.S. Constitution?
The concept of equality was enshrined in the Constitution with the ratification of the 14th Amendment.
Which of the following is true of the Texas courts of appeals?
The constitution was amended to give the legislature the power to create additional courts of appeals.
What is one important reason why the Texas Supreme Court may be susceptible to improper influence by moneyed interests?
The court does not reveal how the justices voted in each decision to accept or reject a petition for appeal.
What does it mean for a court to have original jurisdiction over a case?
The court has the authority to hear the case first, before any other court.
What does it mean for a court to have appellate jurisdiction?
The court hears cases that were originally tried in other courts.
Which of the following represents an accurate description of what transpired in 1808?
The slave population numbered over one million.
Which of the following is a benefit of purchasing insurance through an online marketplace exchange?
The exchanges will help you determine whether you qualify for subsidized health care coverage.
Which of the following is NOT associated with an accurate definition of the federal bureaucracy?
The federal bureaucracy does not have the power to make its own laws or rules.
Which of the following criteria was violated in Lemon v. Kurtzman?
The government action may not result in excessive government entanglement in religion.
Burke and Kamarck note that two previous major health care reforms, the establishment of Medicare in 1965 and the development of Medicare Part D in 2003, might help us know what to expect in terms of the implementation of the ACA. However, they note some critical differences between the implementation of those reforms and the implementation of the ACA. How is the ACA different from the Medicare developments?
The implementation of the ACA is more complex because it involves all 50 states and the federal government working together.
The length of terms in office can influence how judges make decisions. If a justice has a relatively short term length of two years, how might this affect the way he or she makes decisions?
The judge will consider public opinion when making legal decisions.
What happens during the oral argument stage of cases heard before the Supreme Court?
The justices ask questions not answered in the briefs.
Why are some people critical of tort cases?
The large monetary damages are a windfall for plaintiffs and raise the costs of many consumer products and services.
What does the Supremacy Clause of the U.S. Constitution mean for the states?
The laws of all states must conform to the Constitution, its amendments, and related federal judicial rulings.
Which of the following BEST describes the Texas judiciary?
The majority of judges are male and Republican, with an average age of 56 to 62.
The decisions issued in District of Columbia v. Heller reflect which of the following?
The majority opinion reflected a literal interpretation of the Second Amendment.
According to the document, a "take-up rate" is the number of people who apply for a government benefit. How is state support of the ACA related to the take-up rate?
The more states advertise the ACA, the greater the take-up rate, and the fewer uninsured there will be.
In order for a case to reach the Supreme Court, it needs to meet which of the following criteria?
The parties must be able to prove personal or economic injury.
According to Justice Kennedy's first paragraph, what does liberty have to do with a person's right to marry whomever they choose?
The petitioners in the case seek to exercise their constitutional liberty by marrying someone of the same sex and having that marriage recognized as equal to heterosexual marriage.
What must the government prove to satisfy the intermediate standard of review?
The policy is substantially related to a legitimate government objective.
Which of the following BEST describes the federal system for selecting judges?
The president can select nominees who must also be pleasing to the Senate.
One criticism of the federal bureaucracy and its power to issue rules is that it is undemocratic. How is the rule power of agencies still subject to popular influence?
The public comment period allows direct involvement by citizens to influence the content of a rule and whether it passes, AND Congress can act to overturn the rule if it disagrees with it, or otherwise write more detailed legislation.
In Brown v. Board , advocates of school desegregation focused on the federal court system. Why are advocates in more recent lawsuits focused on state courts instead?
The right to an education is more explicitly defined in state constitutions.
How did public opinion on the issue of same-sex marriage change for baby boomers and members of the silent generation between 2001 and 2015, the year the Obergefell decision was issued?
Their approval rates for same-sex marriage grew significantly.
What were the overall findings of the investigation as reported in the video?
There are certain abuse risk factors that CPS caseworkers might be able to use to intervene more rapidly.
Bureaucracies rely on complex procedures to make sure that laws are consistent and fair across a wide range of situations. What is the end result of this?
There is an inherent degree of red tape involved in bureaucracies, which tends to make citizens frustrated because things often take longer than expected.
Which of the following is true of the Texas district courts?
These courts have original jurisdiction in all felony criminal cases, divorce cases, and cases involving title to land.
How did events such as Columbine and 9/11 affect federal court rulings concerning free speech for students?
These events led to renewed justification for restricting student speech.
According to the author, what is the underlying problem with the ethical rules as they are written by the American Bar Association?
They are not clear and can be ambiguous.
What did the headquarters of the Woman's Party say about Alice Paul's hunger strike?
They believed that she would hold out for a long time, possibly longer than people expected.
What is one power that Supreme Court justices do not have over their caseload?
They cannot initiate cases.
Why did the parade organizers schedule their demonstration to coincide with the inauguration of Woodrow Wilson?
They hoped to maximize the amount of press coverage of the event, since reporters and photographers would already be there for the inauguration.
According to the text, why did Judge Robert Bork receive such severe treatment during Senate confirmation proceedings?
the likelihood of the Court overturning Roe v. Wade
Why did the suffragists who picketed the White House call themselves "silent sentinels"?
They positioned themselves in such a way during their picketing that President Wilson would not be able to enter the White House without passing by them.
Which of the following BEST describes how the crowds of onlookers reacted to the suffrage parade?
They verbally abused the marchers and sometimes impeded their movement.
Which of the following decisions by the Supreme Court is considered unpopular by contemporary standards?
affirming the First Amendment rights of the Westboro Baptist Church
The Court met again one year after the initial ruling, in the case of Brown v. Board II, in order to check the progress of desegregation in schools. When they met, what did they find had happened?
Very little had been done to implement the initial decision, and public schools were still segregated.
What is the result of judges not receiving much media coverage during election season, and not spending as much as other politicians on advertising?
Voters must take it upon themselves to become informed about judicial elections, if they choose to do so.
In which case(s) did the Supreme Court clarify the restrictions that states may impose on abortion?
Webster v. Reproductive Health Services
What is the impact of the attorney general on public policy?
When the attorney general issues an opinion on public policy, his opinions have the force of law.
Who petitioned the Supreme Court to issue a writ of mandamus on his behalf?
William Marbury
Do Figures 1 through 4 illustrate that the federal bureaucracy is descriptively representative of the United States population?
Yes, because they show that the federal workforce approximates the diversity found in the private sector.
Which of the following is an example of a tort?
a car accident caused by one driver's negligence
Which of the following would fall under the original jurisdiction of the Supreme Court?
a case involving a dispute between Kansas and Missouri
Which of the following would fall under the appellate jurisdiction of the Supreme Court?
a decision made in the U.S. Court of Appeals for the Second Circuit
What does it take to override the comptroller?
a four-fifths majority in both houses of the legislature
Which of the following refers to the situation in which an otherwise invalid warrant is considered valid if the officer believed he was acting within the boundaries of the law?
a good-faith exception
What does the Supreme Court consider when hearing a case on appeal?
application of the law
A worker at the upper end of a bureaucratic hierarchy would probably be which of the following?
a person of greater authority
The tendency of bureaucratic agencies to hoard information and avoid communication and cooperation with other agencies is which of the following?
a phenomenon that occurs in both state and federal agencies
What is attorney-client privilege?
a rule that keeps communication between an attorney and the client secret
What did the Supreme Court's rulings in Lawrence v. Texas and Obergefell v. Hodges reflect?
a tendency for the Court's position to follow cultural shifts regarding sexual orientation
Which of the following might be considered an "exigent circumstance"?
a threat to an individual's safety
The membership of the National Organic Standards Board is composed of which of the following?
a variety of different stakeholders from the organic community
The 1993 Brady Handgun Violence Prevention Act would prohibit which of the following people from buying a gun?
a woman who has been hospitalized with schizophrenia
What was the immediate effect of Rosa Parks's arrest?
a yearlong bus boycott in Montgomery, Alabama
In 1995, approximately how many states had statutory bans on same-sex marriage?
about a dozen
What is the primary role of the Texas Secretary of State?
administering elections
Oregon's Death with Dignity Act does which of the following?
allows physicians to prescribe lethal medication for terminally ill patients
The Supreme Court appears to be susceptible to which of the following influences (among others)?
amicus curiae briefs
Which of the following positions would be considered a patronage position today?
an ambassador appointed to represent the United States in Ireland
What is a retention election?
an election to determine whether someone who currently holds a position may keep it
The Federal Reserve System is which of the following?
an independent regulatory commission
What is an independent agency?
an organization set up by Congress
Which judges have to satisfy the most rigorous requirements before they can assume their posts?
appeals court judges
What was one of the purposes of the Civil Rights Act of 1964?
banning discrimination based on race
What is political ideology?
beliefs on the scope and function of government
Which of the following is an example of concurrent jurisdiction?
both the local police and the FBI having the authority to deal with a case
Which of the following forms of free speech has the Supreme Court protected under the First Amendment?
burning the American flag
In what way does the chief justice wield influence over the Supreme Court's decisions?
by acting as a tiebreaker
What is one way the ACA aims to expand access to insurance coverage?
by requiring individuals to have insurance
The executive branch includes which of the following?
cabinet departments and federal agencies
According to the public policy watchdog group Texans for Public Justice, the Texas Supreme Court is more likely to hear appeals filed by whom?
campaign contributors
Which of the following characteristics allow judges to make the kind of unbiased and well-reasoned decisions necessary for a credible justice system?
capability and independence
The Texas Court of Criminal Appeals has discretion to hear criminal appeals and does not have to hear all cases, with what exception?
capital punishment cases
According to Article III of the U.S. Constitution, the Supreme Court has original jurisdiction in which of the following types of cases?
cases involving ambassadors or public ministers
The Texas Supreme Court has final jurisdiction over which of the following types of cases appealed through the state courts?
civil cases
The Department of Agriculture may be considered which of the following?
clientele-oriented
What legal system does the United States rely on?
common law
The bill of rights does which of the following?
communicates what the federal government cannot do
Executive departments generally correspond to which of the following?
congressional committees
What are the three components of an iron triangle?
congressional committees, bureaucratic agencies, and interest groups
Which of the following provides the National Organic Program with its regulatory authority?
congressional legislation
Which of the following policy priorities was a part of the Progressive movement?
conservation of land
Which of the following allows Congress to check the power of the Supreme Court?
constitutional amendment
Which of the following county trial courts has appellate jurisdiction over cases appealed from other courts?
constitutional county courts
What is the focus of appellate courts?
court procedures
The Judiciary Act did which of the following?
created a three-tiered federal court structure
Devolution entails which of the following? Choose the BEST answer.
delegating power to state and local governments
Devolution efforts in the area of welfare reform have resulted in which of the following?
differences in the quality of services provided by different states
Which of the following is the most important post-1920s limitation on the freedom of political speech?
direct incitement
According to the text, when did the Supreme Court face particular difficulty in enforcing its rulings?
during the civil rights movement
Who runs the insurance exchanges?
either the federal government, a state government, or both
Protective legislation was concerned with which of the following?
enacting policies that addressed women's biological differences from men
Patronage appointments are still common for which of the following purposes?
ensuring that the president can select members of his own cabinet
Affirmative action represents an example of which of the following?
equality of outcome.
The decision in Marbury v. Madison did which of the following?
established the Court's power of judicial review
Which of the following reflects the most important expansion of the federal bureaucracy since the Great Society era?
establishment of the Department of Homeland Security
The Eighth Amendment and the Court's interpretation of it protect the criminally accused from which of the following?
excessive bail
Which of the following actions carry the force of law and allow the president to influence the operations of the bureaucracy?
executive orders
By 2008, approximately how many states still had no ban on gay marriage?
fewer than 10
Which type of speech "inflicts injury or tends to incite an immediate breach of the peace"?
fighting words
In 2009, a shift began to happen. How many states had legalized gay marriage by then?
five
How many justices were in the majority and how many were in the minority in the Morse v. Frederick decision?
five in the majority and four in the minority
The Supreme Court's ruling in Bowers v. Hardwick did which of the following?
found that states could restrict sexual activity unrelated to procreation
the first amendment protects which of the following liberties?
freedom of religion
What was the first provision of the Bill of Rights that the Supreme Court applied to the states?
freedom of speech
For which of the following do civil rights require equal protection?
gender
According to Table 1, section 2 of Article III does which of the following?
gives the Supreme Court original and appellate jurisdiction
The move to privatization has engendered which of the following concerns?
government accountability
The NAACP primarily targeted inequities in which educational institutions?
graduate and professional programs
Which method of selection most closely resembles the federal method of selecting judges?
gubernatorial appointment
The Second Amendment is central to which contemporary political issue?
gun control
What kinds of student expression have schools been able to limit?
hate speech and drug-related messages
Justice Ginsburg's opinion in U.S. v. Virginia reflected which of the following?
her commitment to gender equality
Which of the following BEST describes President Reagan's efforts to shrink the government?
hindered by a Democratic majority in the House of Representatives
According to Chief Justice Marshall's written opinion, under what circumstances would the Supreme Court have been able to issue a writ of mandamus to enforce Marbury's commission?
if Marbury had shown that the Court was exercising appellate jurisdiction
The Fourth Amendment protects citizens from which of the following?
illegal examination and confiscation of property
The Reagan Revolution may be seen as a reaction to which of the following?
ineffective Great Society programs
Public opinion polls show that Americans generally view government-run programs as what?
inefficient
What are the four steps of the National Organic Program's rulemaking process?
initial planning, proposed rule, public comments, and final rule
The American Woman Suffrage Association differed from the National Woman Suffrage Association in which of the following ways?
it targeted amendments to state constitutions.
Alexander Hamilton argued that the judicial branch had which of the following powers?
judgement
Who were the "Midnight Judges"?
judges appointed in the waning hours of Adams's presidency to maintain Federalist control of the judiciary
The anti-Federalists would have supported which of the following?
judicial restraint
What precedent did Marshall's ruling establish?
judicial review
According to the relevant Supreme Court standard, less-protected forms of speech are those that do which of the following?
lack ideas that hold social value
If agencies were guaranteed a particular percentage of the overall budget for their own, would they be more likely, about as likely, or less likely to withhold information from other agencies compared to the way things are today?
less likely
Which piece of Great Society legislation provided federal protection against discrimination in voting, employment, education, and access to public facilities?
the Civil Rights Act of 1964
Which method of selecting judges is called the Missouri Plan?
merit selection
What are compensatory damages?
monetary awards that compensate the plaintiff for his or her direct losses
By 2014, how many states had legalized gay marriage?
more than half
Does the Constitution specify that courts have the power of judicial review?
no
In what year was the Equal Rights Amendment added to the Constitution?
none of these options
The Miller test is used as a standard to evaluate which form of speech?
obscenity
The American Indian Movement is noted for its use of which of the following types of tactics?
occupation of symbolic property
What has been the result of the large racial disparity between the defendants and their judges in the criminal court system?
ongoing criticism of the low number of black judges in the judiciary
What are the health insurance exchanges?
online marketplaces for individuals to purchase insurance coverage that will comply with the Affordable Care Act
What kind of law is made by municipal and county governments?
ordinances
According to the text, which form of freedom of assembly has the Supreme Court consistently found to be worthy of protection?
peaceful demonstrations in public spaces
Which of the following is considered a well-protected form of speech?
political speech
The Citizens United decision expanded the Supreme Court's protection of free speech into which of the following arenas?
political speech by corporations
Which of the following is a strategic goal of the USDA?
preserving natural resources and protecting them from climate change
A desire to reform the federal bureaucracy is often expressed by which of the following?
presidential candidates
Senatorial courtesy is BEST described as which of the following?
presidential consultation with the senators from a federal district court nominee's home state
An attempt by the government to block material before publication is known as which of the following?
prior restraint
The use of security contractors in Iraq represents an example of which of the following?
privatization
The Fifth Amendment includes which of the following under its protections?
protection against self-incrimination
Which civil liberty was the most recent to be incorporated (applied to the states) by the Supreme Court?
protection from excessive fines
Which of the following is a key provision of the Affordable Care Act?
to expand access to insurance coverage
The Brown v. Board case focused on racial segregation practiced against African Americans in which of the following places?
public schools
According to the text, which of the following tactics has frequently been employed by Latino civil rights groups?
rallies
Which of the following might a president consider when taking into account a commitment to diversity in selecting a Supreme Court nominee?
religious affiliation
The Supreme Court cases discussed in Iannacci's article applied the right to privacy to which of the following aspects of life?
reproductive choices and sexual activity
The Pendleton Act did which of the following?
required federal employees to be hired based on merit
Which of the following would be an exercise of judicial review?
the Court telling the president that NSA surveillance programs violate citizens' Fourth Amendment rights
Proponents of judicial restraint would tend to have which of the following characteristics?
respect for the roles of the other branches of government
The 14th Amendment did which of the following?
reversed dual citizenship
According to the population distribution map, in which region of the country did most African Americans live in 1890?
southeast
According to a 2007 poll, Americans MOST favored cutting which of the following programs?
space
What federal legislation was signed into law in 1996, and how did it affect the states?
the Defense of Marriage Act, which protected the rights of states to ban gay marriage
The use of paperwork in a bureaucracy lends itself to which of the following?
standardization
According to the text, which states did the federal government threaten to withhold money from?
states that refused to comply with the Civil Rights Act of 1964
In which of the following standards of review are the interests of the individual given the most weight?
strict scrutiny
Which of the following standards of review are used to evaluate government action in relation to the Equal Protection Clause?
strict scrutiny
Judicial review allows the Supreme Court to do which of the following?
strike down any law
The Supreme Court's rulings on the right to die tend toward which of the following?
supporting the autonomy of states in the area of physician-assisted suicide
The Texas Public Utilities Commission has jurisdiction over which public utilities?
telephone and electric power companies
According to the text, which of the following drew national attention to the issue of racial inequality?
television coverage of police brutality
Before the "Court-packing scheme," what was the Court's majority opinion of Roosevelt's New Deal program?
that it was an unconstitutional use of federal power
What did the 2016 study mentioned in the article reveal about student success?
that per-pupil spending is correlated with increased retention rates and lifetime earning potential
What did Justice Alito argue in the majority decision he wrote for the Supreme Court's ruling in the case of McDonald v. City of Chicago?
that the Second Amendment should be applied to the states
Which amendment banned all forms of "slavery" and "involuntary servitude"?
the 13th Amendment
What is the largest division within HHS according to actual spending in 2018?
the Centers for Medicare & Medicaid Services
Let's suppose that Congress and the president agree to pass legislation to further reform health care laws in order to help reduce the rate of growth in the cost of health care. Which federal agency or department is most likely to be charged with implementing this law?
the Department of Health and Human Services
According to the text, what federal agency did Donald Trump promise to eliminate during his campaign for the presidency in 2016?
the Environmental Protection Agency
Which clause of the Constitution ultimately rendered the "separate but equal" doctrine unconstitutional?
the Equal Protection Clause
The National Cathedral does not violate the First Amendment because it does not violate which of the following?
the Establishment Clause
Which of the following helps make up the First Amendment freedom of religion?
the Establishment Clause
What office does the land commissioner head?
the General Land Office
Which of the following amendments served as the foundation for the majority opinion in the Griswold case
the Ninth Amendment
Which international agreement did the United States withdraw from following EPA Administrator Scott Pruitt's recommendation in 2017?
the Paris Agreement
What law passed this century has had the greatest implications for Fourth Amendment rights?
the Patriot Act
Which act of Congress created the civil service system?
the Pendleton Civil Service Reform Act
Which group did President Kennedy task with the investigation of the treatment of women in American society?
the Presidential Commission on the Status of Women
Which of the following used radical protest tactics such as sit-ins and Freedom Rides?
the Student Nonviolent Coordinating Committee (SNCC)
Which amendment protects states' rights?
the Tenth Amendment
What two sources set the formal requirements to serve as a state judge in Texas?
the Texas Constitution and the Texas Legislature
Who is responsible for regulating the oil and gas industry in Texas?
the Texas Railroad Commission
What concern was of primary importance to the drafters of the Texas Constitution when creating the judicial selection system?
the accountability of judges
Which of the following is based on the idea that encouraging lawyers to pursue the best interests of their respective clients is the optimal way for the system to ensure that justice is delivered?
the adversarial system
What enabled to Court to finally reach consensus on the issue of segregation and the case of Brown v. Board?
the appointment of Earl Warren as chief justice
At which point in time did the federal bureaucracy first significantly increase in size?
the election of President Andrew Jackson
Which of the following is responsible for administering laws?
the executive branch
The spoils system had which of the following effects?
the expansion of the federal bureaucracy
Which method of selection gives judges the greatest judicial independence?
the federal method
Who were "The Little Rock Nine"?
the group of African American students attempting to attend Central High School
According to Robert Richards, many cases in the future regarding student speech will primarily involve which of the following?
the internet and web-based speech
The Sunset review process demonstrates that state agencies are ultimately held accountable for their performance by whom?
the legislative branch, as house and senate members vote on all Sunset bills.
Which of the following was a major achievement of the disability rights movement?
the passage of the Americans with Disabilities Act in 1990
According to the text, what has come to be viewed as the moment when the federal bureaucracy became a crucial provider of social services?
the passage of the Social Security Act of 1935
Which of the following became referred to as "Bloody Sunday"?
the police attack on participants in a march from Selma to Montgomery
What is the primary means by which the president checks the power of the bureaucracy? Choose the BEST answer.
the power of appointments
Which of the following powers allows the lieutenant governor to influence the choices the senate makes?
the power to appoint committees to the senate
What event prompted the "silent sentinels" to picket in front of the White House?
the president's disappointingly noncommittal response to their delegation
Which of the following allows judges to focus on cases that will contribute something meaningful to the collective understanding of the law?
the principle of discretionary review, which holds that the supreme court and the court of criminal appeals may choose the appeals cases they wish to hear
Which of the following rights has NOT been incorporated?
the right to a jury trial in a civil case
Which of the following are considered rights guaranteed to the criminally accused by the Sixth Amendment?
the right to an impartial jury
Griswold and Buxton argued that the Connecticut law infringed on which constitutional principle?
the right to due process
The common law system is built on precedent. What are precedents?
the rulings and reasoning of previous legal cases
Who is the highest-ranking official appointed by the governor in Texas
the secretary of state
Thomas Newton has built his career selling livestock at auction. As a supporter of the newly elected president, he has been offered a job in the Department of Transportation even though he knows little about transportation issues. What is this an example of?
the spoils system
Which of the following hears the most cases per year?
the state trial courts
According to Table 1, at approximately what age were most of the current justices appointed?
their 50s
How many criteria make up the Lemon test?
three
How can a judge be removed from office?
through impeachment by the House and conviction by the Senate
What is the purpose of the Commission on Judicial Conduct?
to consider whether a judge has violated the Code of Judicial Conduct
According to Justice Roberts's opinion, what compelling interest do schools have in this case?
to deter children from drug use and minimize disruptions in school
Why is the state bureaucracy decentralized?
to disperse power
What was the purpose of Title IX?
to ensure equality of funding between women's and men's educational programs
The video opens with a depiction of the National Women's Party headquarters as a dark and strange place. Which of the following provides the BEST explanation for why the filmmakers chose to represent it in this light?
to illustrate how the idea of women leaving the home and convening for political reasons was viewed as unnatural to many people at the time
Without looking at their webpage, which of the following is most likely the mission statement of the Department of Commerce?
to promote job creation, economic growth, sustainable development and improved standards of living for all Americans by working in partnership with businesses, universities, communities and our nation's workers
According to the Department of Agriculture's vision statement, which of the following is an objective of the agency?
to promote sustainability in agricultural production
Why was Alice Paul going on a hunger strike?
to protest the fact that her fellow imprisoned suffragists were being fed substandard food
Which of the following BEST describes the purpose of state bureaucracy?
to provide services to the population and to implement state policies
What was one of the purposes of the Meat Inspection Act?
to regulate labor
What was the Obama administration's ultimate decision regarding the U.S. facilities in Guantanamo Bay?
to relocate prisoners to facilities inside the U.S. and turn detainees over to civilian courts.
What was the purpose of Jim Crow laws?
to segregate society by race
Municipal judges serve terms of what length?
two years
The Equal Protection Clause prohibits which type of discrimination?
unreasonable discrimination.
For a bureaucrat, which of the following would allow for a maximal amount of discretion in interpretation?
vaguely worded legislation
According to surveys, how do a majority of Americans view the federal bureaucracy?
wasteful and ever expanding
Which of the following is a gray area that Robert Richards identifies?
what types of student expression fall under the category of true threats of violence
When might a Supreme Court justice write a concurring opinion?
when the justice disagrees with the Court's reasoning
What is the main question courts have been considering in the cases mentioned in the article? Choose the BEST answer.
whether unequal funding is leading to inadequate education for low-income students
To whom did Martin Luther King Jr. direct his "Letter from a Birmingham Jail"?
white clergymen
