Midterm Chapter 3,4,5

Which of the following are examples of de jure discrimination?

-A state requires separate public bathrooms for black and white people. -Women are not allowed to vote in federal elections.

Which of the following are reasons why the policy role of the federal government has expanded greatly since the early twentieth century?

-American society is highly interdependent. -Americans expect government help. -The federal government has superior taxing capacity.

Which of the following accurately describes Native Americans today?

-Casino gambling has raised Native Americans' average income level, but it is still far below the national average. -They are less than half as likely as other Americans to have completed college.

How many Asian Americans currently serve in Congress?

12

Which post-Civil War amendment required states to give their residents due process of law?

14th

Despite the Court's ruling in Brown v. Board of Education in 1954, by the 1970s ______ percent of black children were still attending schools that were mostly or entirely black.

95%

What has the Supreme Court ruled concerning police use of modern technology, such as listening or thermal-imaging devices, to investigate a subject?

A search warrant is required, just as it would be for other circumstances.

In which 2014 case did the Supreme Court rule that companies that are "closely held" (only a few owners) are not required to provide their employees with birth control if they object on religious grounds?

Burwell v. Hobby Lobby

Which influential figure began civil rights work by organizing strikes by farmworkers to attain basic labor rights for migrant workers?

Cesar Chavez

States alone are sovereign in a

Confederacy

Based on the exclusionary rule, evidence that is illegally obtained can normally be used in a trial.

False

True or false: According to the Supreme Court, police can search a person's home merely on the basis of a hunch that the owner might be breaking the law.

False

How did Thomas Jefferson define the meaning of "all men are created equal"?

He did not believe there was a precise meaning

In 1968 Congress passed a law, the ______, that granted Native Americans constitutional rights similar to those held by other Americans.

Indian Bill of Rights

What did the Supreme Court rule concerning the interstate commerce clause in the 1930s?

It covers only transportation of goods, not their manufacture

In which of the following cases did the Supreme Court block states from regulating labor practices, concluding that doing so would violate factory owners' property rights?

Lochner v. New York

Which of the following minority groups make up the largest Hispanic population in the United States?

Mexicans

Which landmark Supreme Court case declared affirmative action constitutional but invalidated the use of racial quotas?

Regents of the University of California v. Bakke

Sixth Amendment

Right to a speedy trial

Second Amendment

Right to bear arms

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

Speech

Which of the following has occurred under cooperative federalism?

The federal government has been more heavily involved in policy areas traditionally reserved for the states

How would the framers have reacted to the ways in which federal power has evolved over the decades?

They would be largely unsurprised

What Sioux village has been the site of both a U.S. cavalry massacre of Native Americans and a modern protest?

Wounded Knee

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for a ruling by a judge

The largest recent Hispanic demonstrations in the U.S. have been in reaction to

a bill passed by the House that would have led to the arrest and deportation of millions of undocumented immigrants

Which of the following best describes the subject under consideration in Roe v. Wade?

abortion

During the 1930s, five new cabinet departments were created to

administer federal programs in policy areas traditionally reserved to the states

Which policy required the federal government to begin implementing measures aimed at reinforcing equal access to employment by mandating recruitment procedures that gave qualified minority workers an equal opportunity to gain government jobs?

affirmative action

The Eighth Amendment protects

against cruel and unusual punishment

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

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

In its decision to uphold the National Labor Relations Act, along with a subsequent ruling, the Supreme Court declared that Congress's commerce power is

as broad as the nation needs it to be

In Lawrence v. Texas (2003), the Supreme Court ruled that states cannot lawfully

ban sexual relations between consenting same-sex adults

The landmark case of Lau v. Nichols (1974) resulted in many states offering ______ education in their public schools.

bilingual

Which of the following characterized the era of dual federalism?

business supremacy in commerce policy

Rather than using the Fourteenth Amendment to protect freed slaves, in 1886 the Supreme Court interpreted the amendment to provide protection to

businesses

Among the laws giving women greater equality in the workplace were laws prohibiting

certain employers from paying women less than men for doing the same job

Which term refers to the rights and privileges guaranteed to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth Amendments?

civil rights

According to this test, before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety.

clear and present danger

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial

The type of discrimination in which traditionally disadvantaged groups have fewer opportunities because of prejudice despite legal protections is

de facto discrimination

Which type of discrimination is based on the law?

de jure discrimination

The process by which the national government returns powers once held by state and local governments to these governments is called

devolution

What is "America's curse," according to the author of An American Dilemma?

discrimination

The 1964 Civil Rights Act banned

discrimination in public accommodations

What took the heaviest toll on the Native American population after white settlers arrived in what is now the U.S.?

disease

In Engle v. Vitale (1962), the Supreme Court ruled against the reciting of prayers in public schools on grounds it violates the

establishment clause

In Rostker v. Goldberg (1980) the Supreme Court upheld the constitutionality of _________ classifications even though such classification need to be scrutinized more closely than classifications by age or income.

gender

Which of the following describes the fact that what happens in a policy area at one level of government affects what happens at all other levels?

interdependency

In general, the Supreme Court has held that gender discrimination in law

is almost always unconstitutional

The Bill of Rights protects some civil liberties, including freedom

of the press of speech of assembly

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal

At one time, banks engaged in a practice known as ______, refusing to grant mortgage loans to people who lived in certain neighborhoods, especially those neighborhoods with large black populations.

redlining

According to the establishment clause, the government is required to

remain neutral toward all religions

Which of the following best exemplifies the profound impact of the civil rights movement?

removing discrimination in voting requirements

Establishment Clause

requires government neutrality toward religious institutions

First Amendment

right to speech, press, assembly and religion

The Articles of Confederation created a union of

states

Any law that treats individuals differently based on race is subject to the ______ test

strict-scrutiny

Any law that treats individuals differently based on race is subject to the ______ test.

strict-scrutiny

Since the 1930s,

the federal government has dramatically increased its power

The implied powers of Congress derive from which clause of the Constitution?

the necessary and proper clause

The USA Patriot Act was passed

to combat terrorism

In the years following 1935 during the Great Depression, the Supreme Court loosened restrictions on

-Congress's ability to regulate commerce. -the banking industry. -Congress's taxing and spending power.

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

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

Which post-Civil War amendment required the states to provide their citizens equal protection under the laws?

14th

In which year did the Supreme Court rule that forced busing violated student's constitutional right to equal protection under the law?

2007

During the direst part of the Great Depression, approximately ______ percent of the nation's workers was unemployed.

25%

The constitutional right to bear arms is found in which of the following amendments?

2nd

How many distinct eras of federalism have occurred in the U.S.?

3

Which amendment to the United States Constitution protects citizens from unreasonable searches and seizures?

4th

Which amendment to the United States Constitution protects individuals from testifying against themselves in a court of law?

5th

The right to legal counsel is a ______ Amendment protection.

6th

Of the 500 largest U.S. corporations, about ______ percent are headed by women.

7

The Constitution's commerce clause says that ______ shall have the power to "regulate commerce" among the states

Congress

A recent trend in intergovernmental relations to "pass down" policy authority from the national government to state and local governments is known as

Devolution

True or false: Block grants are more restrictive than categorical grants in how they can be used.

False

True or false: The right to appeal after conviction is guaranteed in the Constitution.

False

Which federal agency, created in the 1930s, prevented the total collapse of the American banking industry?

Federal Deposit Insurance Agency (FDIC)

What sociologist authored the book An American Dilemma?

Gunnar Myrdal

In which of the following cases did the Supreme Court argue that the Tenth Amendment gave the states, and not the federal government, the power to regulate factory practices?

Hammer v. Dagenhart

Why is the necessary and proper clause called the elastic clause?

It allows for adjustments to the national government's implied powers

Which of the following conditions or strings is typically attached to a categorical grant?

It can be used only for a specific, designated activity

Since the 1950s, how has the federal government responded to demands for equal rights for African Americans?

It passed a series of laws that secured fundamental rights for African Americans

Who among the following were the authors of The Federalist Papers, which argued for ratifying the Constitution?

James Madison Alexander Hamilton

The Supreme Court upheld the forced relocation of tens of thousands of Japanese Americans during World War II in which of the following cases?

Korematsu v. United States

The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in

Lawrence v. Texas

Which of the following cases established that law enforcement officers must advise detainees of their rights, including the right to remain silent and the right to an attorney, before beginning questioning in a criminal investigation?

Miranda v. Arizona

In the spirit of devolution, President Ronald Reagan proposed a type of federalism, called "______ federalism" that would give more control to the states and localities.

New

Which of the following Supreme Court cases was also known as the "Pentagon Papers" case?

New York Times Co. v. United States

Eighth Amendment

No cruel and unusual punishment

Which 2015 Supreme Court decision removed the ban on same-sex marriage, citing it violated the Fourteenth Amendment's equal protection and due process clauses?

Obergefell v. Hodges

The Supreme Court had been handing down rulings against New Deal programs by 1937, and President Roosevelt put forth a plan to increase the number of justices in order to give himself a majority. How was this plan resolved?

One justice inexplicably changed sides, giving Roosevelt the majority he wanted

What is at the heart of many civil rights struggles for equality in the United States?

People hold deep-seated prejudices based on such things as race, color, and religion.

The attempt to block the publication of material considered to be harmful is known as ______ restraint.

Prior

Fourth Amendment

Protects against unreasonable search and seizure

What was behind the 1990s-era rollback of federal authority?

Public opinion

In Plessy v. Ferguson, the Supreme Court declared that "____________" but equal facilities do not violate the Fourteenth Amendment's equal protection clause.

Seperate

The reserved powers in the U.S. system of government fall to the

States

Which of the following is an ongoing struggle between state governments and Native American tribal governments?

States want to control casino gambling on Native American reservations

The Supreme Court ruled that the forced busing of children for the purpose of achieving racially integrated schools was constitutional in

Swann v. Charlotte-Mecklenburg County

What was the name of the 1798 law that criminalized any speech or writings critical of the government, Congress, or the president?

The Sedition Act

Where is the Bill of Rights located in the U.S. Constitution?

The first ten amendments to the Constitution make up the Bill of Rights

Great Society Programs

This was Johnson's domestic agenda tried to end poverty and racial injustice.

In 1972, Native Americans organized a caravan titled the ______ that journeyed from California to Washington, D.C., to protest federal policy.

Trail of Broken Treaties

True or false: Following the passage of the Civil Rights Act of 1964, many restaurants, hotels, and other establishments still refused to serve black customers.

True

True or false: Madison and Hamilton thought that the federal structure would encourage the state and national governments to check each other if either became abusive to individual freedom.

True

True or false: Prior to the passage of the United States Constitution, many of the states governed under their own state constitutions that dated back to the colonial era

True

True or false: The principle of federalism has provoked frequent and bitter conflict from the time the Constitution was ratified

True

The law passed by Congress, soon after the 9/11 attacks, that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the

USA Patriot Act

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

abolitionist movement

The necessary and proper, or elastic, clause of the Constitution

allows Congress to have powers that are not listed in the Constitution but are needed to exercise the listed powers

The doctrine by which state and national authority was separated precisely is known as

dual federalism

What are the powers specifically given to the national government by the Constitution called?

enumerated

Which clause of the U.S. Constitution was at the center of the argument in Brown v. Board of Education of Topeka?

equal-protection clause

Although many Americans believe that the concept of ______ includes such things as access to jobs and health care, others argue that it means only that people are all treated the same under the law

equality

In order to ensure equal employment opportunity for all, the federal government in the 1960s began to require agencies and businesses to

establish policies aimed at giving minority-group members equal opportunities to obtain jobs

The Constitution enumerates powers for which level of government?

federal

Which of the following is likely to convince a judge that police should be issued a search warrant?

establishing probable cause for believing a crime has been committed

A(n) ________________ system of government is one in which the power to govern is shared between a national government and smaller

federal

The use of the commerce clause during the 1930s gave the ______ government(s) increased power

federal

New Deal Programs

federal relief programs during the Great Depression

When white settlers first arrived in what is now the U.S., there were approximately 5 to 10 million Native American inhabitants. By 1900, there were

fewer than 1 million

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

free-exercise clause

In Rostker v. Goldberg (1980) the Supreme Court upheld the constitutionality of __________ classifications even though such classification need to be scrutinized more closely than classifications by age or income.

gender

The barrier to restrict speech established in Brandenburg v. Ohio is best described as

imposing

The Supreme Court has ruled that prisoners should generally appeal their cases first

in state courts

Hispanics in the U.S. are generally concentrated

in their states of entry

Compared to categorical grants, the use of block grants

is less narrowly defined, which means the recipients enjoy greater discretion

As a result of changes in sentencing policies, the U.S. prison population, per capita,

is the largest in the world

Government-funded programs like Medicaid are administered

jointly by national and state governments

Which of these groups is typically more protective of individual rights?

judges

The justices of the post-Civil War Supreme Court mostly favored

laissez-faire capitalism

Welfare Reform Act

law that established TANF and tightened Medicaid eligibility requirements

The supremacy clause of the U.S. Constitution

makes national laws the supreme law of the land

In a 1930s Supreme Court case that challenged the application of the separate-but-equal doctrine, the Court ruled that blacks ______ be allowed to use public facilities reserved for whites in those cases where they didn't have separate facilities.

must

Which of the following terms best describes the power relationship between the various layers of government during the era of cooperative federalism?

overlapping

An 1886 Supreme Court ruling determined that corporations were

persons

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

privacy

Fifth Amendment

protection against self-incrimination and double jeopardy

The Fifth and Fourteenth Amendments

provide that no person can be deprived of life, liberty, or property without due process of law

Law enforcement officials sometimes controversially rely on the practice of_______________ ,_______________ the assumption that certain groups of people are more likely to commit particular crimes.

racial profiling

Which legal test gives government considerable leeway in treating people differently, such as imposing a higher tax rate on upper-income Americans?

reasonable-basis test

In the case of Plessy v. Ferguson, the Supreme Court established the ______ doctrine arguing that it did not violate the Fourteenth Amendment's equal protection clause.

separate-but-equal

In a 2010 CNN survey, 2 in 5 Americans stated that individuals arrested by police on suspicion of terrorism

should not be read their Miranda rights

According to the Supreme Court, laws that discriminate between people based on their race or ethnicity are laws that make use of

suspect classifications

The Supreme Court has ruled that the right of free assembly

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

In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that enemy combatant detainees were protected by which of the following?

the Geneva Convention the U.S. Uniform Code of Military Justice

Which of the following acts of legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

the USA Patriot Act

In Brandenburg v. Ohio the Supreme Court developed which of the following tests that expanded protections for Americans to voice political opinions?

the imminent lawless action test

The 1977 Supreme Court case that provided guidance on the allowable restrictions on freedom of speech and freedom of assembly upheld which of the following?

the right of an American Nazi Party group to hold a parade in Skokie, a city with a large Jewish population that included Holocaust survivors

The Second Amendment of the U.S. Constitution protects

the right of the people to keep and bear arms

Griswold v. Connecticut is the landmark case that established the right to privacy. The case involved the question of whether a state can prohibit

the use of contraceptives by a married couple

The federal government has been more heavily involved in policy areas traditionally reserved for the states.

threatening to pack the Court with his own justices

What was the intention of the Plessy v. Ferguson ruling?

to maintain segregation while claiming equality

In Hamden v. Rumsfeld, the Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism was ______, as detainees were entitled to a trial affording all the guarantees contained in the Constitution.

unconstitutional

The Supreme Court consistently ruled that the George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts

In Planned Parenthood v. Casey, the Supreme Court ruled that restrictions on abortion were legal so long as they didn't place an ______ ____ on a woman's right to obtain an abortion.

undue burden

The Supreme Court decision in Grutter v. Bollinger (2003) ______ affirmative action.

upheld

What demographic group is most likely to support same-sex marriage?

younger adults

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

were an inferior people

Despite the persisting issues of institutional racism, one area in which African Americans have made significant gains is in

winning elective office

Which of the following are among redlining's legacies?

-Hispanics and African Americans still have difficulty obtaining mortgages (compared to whites). -Segregated neighborhoods still exist.

Which of the following statements about the Americans with Disabilities Act are true?

-It requires government agencies to take steps to make their buildings accessible to persons with disabilities. -It grants certain employment protections to persons with disabilities.

Which of the following are true statements about the federal structure of the United States?

-Madison and Hamilton argued that the states and national government would serve to check each other and thus protect peoples' rights. -Hamilton felt people would shift their trust between the national and state governments, depending on their needs and interests at the time.

Which of the following accurately describes women and poverty?

-Many poor working women find that their wages cannot cover child-care expenses. -Single-parent women who work in nonprofessional fields are particularly vulnerable to poverty. -Most single-parent families are headed by women and one-third of those live below the poverty line.

Free speech is usually protected in the United States unless it

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

Which of the following statements are true concerning the right of assembly?

-Public officials can regulate the time and place of assemblies. -Regulations of public assemblies must be applied fairly to all groups. -Individuals cannot hold an assembly at a busy intersection during rush hour.

Which of the following entities are in a competitive situation regarding taxation? (Select all that apply.)

-States -Localities

Which of the following happened during the New Deal period?

-The New Deal programs thrust federal power into policy areas previously reserved for the states. -The Supreme Court struck down key pieces of the New Deal programs.

Which of the following happened during the New Deal period?

-The Supreme Court struck down key pieces of the New Deal programs. -The New Deal programs thrust federal power into policy areas previously reserved for the states.

Which of the following are true about women's equality in the workplace?

-The average pay for women workers is only 80 percent of the amount earned by male workers. -Jobs traditionally held by women pay less than many of the jobs traditionally held by men.

Which of the following were the major weaknesses of the Articles of Confederation?

-The national government had no power to regulate interstate commerce. -The national government had no power to tax.

Which is an accurate representation of the Hispanic population in the United States?

-Their numbers have more than doubled in the past twenty years. -The majority are immigrants from Mexico and the Caribbean islands.

he Civil Rights Act of 1964 classified which of the following as legally protected groups?

-Women -Minoreties

In following the Eighth Amendment, the Supreme Court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

-determining if a punishment violates "fundamental standards of good conscience and fairness" -determining if a punishment is "unnecessarily cruel" -determining whether a punishment is "disproportionate to the offence"

Freedom of expression

-does not cover obscene forms of sexual expression. -does not cover some forms of commercial speech, such as advertising. -allows individual Americans to communicate thoughts of their choosing.

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

-educational institutions -employers

The establishment clause of the Constitution restricts which of the following?

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

The free-exercise clause

-has been interpreted to mean that Americans can not always act on their religious beliefs if they conflict with other laws. -is part of the First Amendment. -has been interpreted to mean Americans can hold any religious belief of their choosing.

After the Plessy decision, black Americans in the South were forced to endure legal segregation, which included

-inferior public schools. -hospitals with few doctors and fewer supplies. -separate public conveyances.

imminent lawless action test

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

The imminent lawless action test

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

The Supreme Court has recently employed the Eighth Amendment to ban which of the following?

-the death penalty for the mentally ill -life sentences without parole for juveniles -the death penalty for juveniles

What are the religious clauses in the First Amendment?

-the free-exercise clause -the establishment clause

Concerning age discrimination in employment, the courts have given employers the right to force individuals to retire based on

-the performance of a particular employee. -the nature of the job.

Which of the following are rights gays and lesbians had to fight for in the U.S.?

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

Which of the following are the two most important forces in the evolution of the American federal structure?

-the strength of partisan interests that sought to change the balance of power between the nations and the states -the country's changing needs

Southern states used a number of devices to prevent African Americans from voting, including which of the following?

-whites-only primaries -literacy tests -poll taxes

The Civil Rights Act of 1964 classified which of the following as legally protected groups?

-women -minoreties

The First National Bank of the United States was established in what year?

1791

England's ______ gave members of Protestant sects the right to worship freely and publicly. The first Amendment reflects this tradition.

Act of Toleration

The Republican-controlled Congress removed what provision of the Affordable Care Act in 2017?

Individuals were required to pay a penalty if they did not have insurance.

As a result of the Supreme Court's ruling in Dred Scott v. Sandford, the Supreme Court invalidated which of the following?

Missouri Compromise

Which of the following statements about African American children in the United States is true?

More than half grow up in a single-parent family

The president who began to move power, funds, and responsibility back to the states in what was called new federalism was

Ronald Regan

What was the legal argument in McCulloch v. Maryland against the federal government establishing a national bank?

The Constitution did not expressly authorize the establishment of a national bank

Which of the following best describes the doctrine of dual federalism?

The Supreme Court maintained a precise separation of state power and national power

What is the connection between the Lochner decision and the Hammer decision?

The earlier Lochner decision actually made the later Hammer decision unenforceable.

Under the Articles of Confederation, what problem arose because the national government had no power to levy taxes on its citizens?

The nation could not maintain an army or navy

What unique circumstance existed at the time of the Korematsu v. United States decision?

The nation was at war

In what area of civil rights were Asian Americans particularly active in the 1960s?

voting rights

The First Amendment clause barring the government from passing any laws that prohibit an individual's practice of his or her religion is known as the ______ clause.

free-exercise

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

procedural due process

Free-exercise clause

prohibits the government from interfering with individuals' practice of their religion

As part of its ruling in Dred Scott v. Sandford, the Supreme Court ruled that Congress lacked the power to outlaw ______ in the states.

slavery

Which groups have historically lacked equality in the United States?

women Catholics Asian Americans