EXAM 2 (CH 3-4)

The 2007 Supreme Court case, Parents Involved in Community Schools v. Seattle School District No. 1,

limited the measures that could be used to promote school integration

Which of the following statements concerning the death penalty is true?

Since the 1990s there has been a steady decrease in the number of death penalty sentences and executions

What is the defining characteristic of dual federalism?

State governments have more powers granted to them.

the relationship between the states and the national government from 1789 to 1937 is known as (p71)

The "traditional system"

Why was Frank Palko convicted and sentenced twice in Connecticut, even though the Constitution promises protection from double jeopardy?

The Supreme Court decided that double jeopardy was not an incorporated restriction on the states.

What is an unfunded mandate?

a federal law that requires the states to do certain things but does not provide state governments with the funding to implement these policies

the process by which some of the liberties in the bill of rights were applied to the states (or nationalized) is known as (p99)

"selective incorporation" "absorption" "nationalizing"

in mapp v. ohio (1961) the supreme court ruled that (p111-12)

'all evidence obtained by illegal s&s is inadmissible... people who are guilty must not be convicted if evidence illegally obtained

the 4th, 5th, 6th and 8th amendments, taken together, define (p111)

Due process law

Which of the following was not explicitly granted in the Bill of Rights?

the right to privacy

General revenue-sharing grants are a central component of the process of devolution, which is a policy?

to remove a program from one level of government by delegating it or passing it down to a lower form of government

In recent years, the "fighting words standard" has been

under scrutiny as more and more cases ruled through it have been overturned

when state and local governments must conform to costly regulations or conditions in order to receive grants but do not receive reimursement for their expenditures from the federal government it is called (p80)

unfunded mandates

which amendment to the constitution stated that the powers not delegated to the national government or prohitibted to the states were "reserved to the states"? (p68)

10th amendment / reserved powers amendment

when did civil rights become part of the constitution (p98)

1868 with 14th amendment which provided each citizen with equal protection of the laws

which constitutional cluase requires that states normally honor the public acts and judicial decisions of other states (p69)

Article IV, Section 1: full faith and credit clause

The first ten amendments to the Constitution, collectively, are called the

Bill of Rights.

which term describes the division of powers between the national and state governments (p67)

Federalism / federal system

which of the following tools has the federal goverment used in the past to create similarities across the states? (p79)

Grants in aid & regulations

How did the Great Depression affect the nature of federalism in the United States?

It brought a dramatic increase in the growth and power of the national government over commerce, though for the most part state power was not directly curtailed

Why is post-New Deal federalism sometimes referred to as "marble cake federalism"?

It developed into cooperative federalism, a system in which national grants encouraged states to implement national policies, somewhat blurring the lines between national and state governments

In what way did the comity clause seek to promote national unity?

It prevented states from discriminating against someone from another state or giving special privileges to their own residents

In what specific way did the Obama administration grant more power to the states than had the George W. Bush administration?

It reversed the Bush policy of preemption in certain areas by granting states more control in the areas of social policy and the environment

The Supreme Court ruled in ____ that the right to privacy did extend to the private lives of homosexuals.

Lawrence v. Texas

in which case did the supreme court rule that state governments no longer had the authority to make private sexual behavior a crime (p118)

Lawrence v. Texas - respect for their private lives

The U.S. Supreme Court upheld the right of the national government to create a national bank and reaffirmed the notion of national supremacy in which landmark case?

McCulloch v. Maryland (1819)

in which case did the supreme court create the potential for increased national power by ruling that congress could us the necesary and proper clause to interpret its delegated powes broadly (p73)

McCulloch v. Maryland: by allowing congress to use necessary/proper clause to interpret powers expansively... created potential for increase in national gov power

Which of the following cases expanded Civil Rights to same-sex couples by preventing state governments the right to refuse marriage licenses to these couples?

Obergefell v. Hodges (2015)

A system that distributes power between state and national governments is called

federalism

which of the following was NOT a way the 24th amendment of 1964 and the voting rights act of 1965 significantly extended and protected voting rights (p124)

Voter ID laws

The precedent-setting case involving free exercise of religion is

West Virginia State Board of Education v. Barnette

The policy of "Don't Ask, Don't Tell" concerned

allowing gays and lesbians to serve in the military as long as they did not openly proclaim their sexual orientation or engage in homosexual activity

the supreme courts decision in bakke v. board of regents (1978) was significant because (p134-35)

barred the use of quotas for Affirmative Action in universities and hiring authorities

Which type of grant provides the most control to state and local governments in the distribution of federal grants-in-aid?

block

Protection of citizens from improper government action is the definition of

civil liberties

Segregation by fact rather than required by law is referred to as

de facto

the process of returning more of the responsibilities of governing from the national level to the state level is known as (p78)

devolution

Taking private property for public use is covered under the provision of

eminent domain

The First Amendment's ____ protects the right to believe in and practice one's religion of choice.

free exercise clause

An example of speech plus would be

giving a speech against abortion and then distributing informational leaflets.

A unitary system is a

government in which the national government holds the ultimate authority.

Which of the following has been a key characteristic of federalism in the United States since the year 2000?

greater state initiative in the realm of immigration law and policy due to federal inaction

which of the following rights was not included in the original constitution (p97)

habeas corpus: judge must cite reason for detention of individual

Which of the following issues has been the most controversial between states and the federal government during the Obama administration?

health care

many states have amended their constitutions to guarantee that large cities will have the authority to manage local affairs without interference from state government. this power is called (p70)

home rule

The power delegated by a state to a local unit of government to manage its own affairs is known as

home rule.

The necessary and proper clause (Article I, Section 8) of the U.S. Constitution is the source of which of the following powers?

implied

Which of the following forms of speech does not fall under the protections of the First Amendment?

libel and slander

For nearly the first 100 years after the ratification of the Fourteenth Amendment, the Supreme Court interpreted the equal protection clause to

permit a system of segregated social facilities.

Beginning in 2015, the "Black Lives Matters" Movement primarily focused attention on

police misconduct against African Americans.

a state government's authority to regulate the health, safety, and morals of its citizens is frequently referred to as (p68)

police power of the state

the principle that allows the federal government to take over areas of regulation formerly overseen by states or local governments is called (p80)

preemption: allows nat gov to override state/local actions in certain policy areas

Which of the following places restraints on how the government is supposed to act?

procedural liberties

The full faith and credit clause

requires that each state's laws be honored by the other states.

to what does the term new federalism refer? (p83-84)

returning power to the states through block grants, to reduce nat gov control

which of the following protections are not contained in the 1st amendment (p103-9) -establishment? -free exercise? -press? -peaceable assembly? -search & seizure?

search & seizure = 4th amendment

Miranda rights concern

self-incrimination

Expressed powers are

specific powers granted by the U.S. Constitution to the national government

Which government traditionally has the authority to regulate fundamental matters referred to as police powers?

state

in mcdonald v. chicago, the supreme couret ruled that (p110)

the 2nd amendment applied to the states, allowing individual gun ownership

In 1961 selective incorporation had been applied to the states for

the First and part of the Fifth Amendments

the judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate or restricth speech is called (p103)

the doctrine of 'strict scrutiny'

The Tenth 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 respectively, or to the people