Poli 2051 Test 4 Quizes

Which of the following would be considered a test case, such as Roe v. Wade

A case brought to force a ruling on the constitutionality of a law or executive action

Why might the Supreme Court find instances of affirmative action unconstitutional

Any mention of race in the law is generally subject to strict scrutiny

The landmark abortion decision of Roe v. Wade was _______

Based on an earlier decision concerning the right to privacy

Lower courts consistently comply with Supreme Court opinions because if they do not, they most certainly would cause _____

Confusion, such as reversal on appeal or the decision being struck down, and controversy

The federal court system consists of three levels of courts: the Supreme Court, the courts of appeal, and the _____ courts

District

The role of the courts in developing Miranda rights and recognizing abortion rights illustrates the _____

Importance of the courts as a pathway of societal change

Proponents of _____ believe judges should make bold policy decisions even if it means charting new constitutional ground

Judicial activism

What is a primary criticism of judicial review in the US today?

Many question whether the framers intended that the courts should have the power to declare state and federal laws unconstitutional

In 2006, Congress passed the _____ which authorized a system to try alien unlawful enemy combatants and to deny access to the courts for any alien detained by the US government determined to be an enemy combatant

Military Commissions Act

The use of judicial activism _____

Occurs among both liberal and conservative judges

The equal protection clause of the Fourteenth Amendment says that no state "can deny to any person within its jurisdiction the equal protection of the laws." The death penalty has been challenged as a violation of this clause because of the ________

Racial bias in the application of the punishment

The _________ approves presidential appointments

Senate

Brown v. Board of Education (1954) is an example of _____

The Supreme Court overruling a precedent

Which best describes the actions of the Supreme Court from 1801 to 1835 when Chief Justice John Marshal presided over it

The Supreme Court sought to protect property rights and pursue the idea of nationalism over states rights

Which of the following most accurately describes the role of the Supreme Court

The Supreme Court's decisions are final, as the court of last resort for appeals, and it is responsible for interpreting national laws

______ is a legislative court

The US tax court

After the Civil War, women's rights activists called for universal suffrage. What did they mean by this

The right of all adult citizens to vote

What was the immediate response of the South tho the Supreme Court's decision in Brown v. Board of Education

The south avoided implementing the Court's decision

Which of the following is an example of a factor that plays a primary role in the section of federal judges

Their adherence to the ideology of the the president

In the 1780s, why did many Americans insist on including a bill of rights in the new Constitution

They found the proposed Constitution too stingy in its listing of liberties and wanted more guarantees of restrictions on the power of the national government

Which of the following choices best explains the principle concern of the framers as they wrote the Constitution

They worried more about national government intrusions on individual freedom than about state government intrusions

Many civil libertarians believe that actions to combat terrorism taken by presidents Bush and Obama are _____

a serious threat to American freedom

In order to address past discrimination and ensure a diverse environment in a school, a university may institute _____ admission policies

affirmative action

Legislative courts _________.

are created by Congress for special purposes

Guarantees of equal treatment by government officials regarding political rights, the judicial system, and public programs are ___

civil rights

The Supreme Court in Lochner v. New York ruled that _____

corporations are persons in the eyes of the law

When it comes to classifications for making decisions about policies or programs, which of the following is considered a "suspect classification"

ethnicity

What are civil liberties as defined by the American government

freedoms found primarily in the Bill of Rights that protect people from government interference

Which of these is an example of a practice that was made illegal by the Civil Rights Act of 1964

having separate waiting rooms for whites and blacks in bus terminals where interstate buses arrive and depart

Arguably, which of the following groups has been the slowest in pursuing their civil rights claims

homosexuals

When Andrew Jackson famously remarked, "John Marshall has made his decision. Now let him enforce it," he was referring to the _______.

inability of the Court to enforce its decisions outside of the court

In trying a case of gender equality, standard of review would the Supreme Court use

intermediate scrutiny

According to the ruling in Miller v. California, material is deemed obscene only if ____

it lacks serious literary, artistic, political, or scientific value

In the 1990s Supreme Court decisions regarding affirmative action _____

narrowed its application

The 13th Amendment makes it unconstitutional to _____

own slaves anywhere in the US

Government may interfere with freedom of speech only when the speech ____

poses a significant danger and imminent harm

The free exercise clause ____

prohibits Congress from impeding religious beliefs

The equal Employment Opportunity Commission (EEOC) ruled that creating "an intimidating, hostile, or offensive working environment" is contrary to the law. This was a victory for women against ____

sexual harassment

The full faith and credit clause in the Constitution mandates that _____

states must recognize contracts entered into with the people of other states

Actions by the states that trigger ______ are those that restrict the democratic process or discriminate against racial, ethnic, or religious minorities

strict scrutiny

Which is included as part of the free exercise clause of the First Amendment

the government may not interfere with the individual practice of religious beliefs

During his administration, President Bush claimed authority as commander in chief to stretch his constitutional powers. He issued executive orders that allowed for _____

the use of military tribunals to try non citizens accused of terrorism

The use of the death penalty in the US

varies greatly from one state to the next

Concern about civil rights protections for women and racial minorities _____

was a comparatively late development in the US, and most major advances were not evident until well into the 20th century

When does the Constitution allow Congress and the state to suspend the writ of habeas corpus

when public safety demands it because of rebellion or invasion

Current movements for greater civil rights for various groups have grown out of the expansion of civil rights protections won by _____

women and African Americans