POLS 1101 Exam 2 Study Guide
What is meant by the following passage from Alexander Hamilton? "The only distinction between freedom and slavery consists in this: In the former state a man is governed by the laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. In the one case, his life and property are his own; in the other, they depend upon the pleasure of his master. It is easy to discern which of these two states is preferable. No man in his senses can hesitate in choosing to be free, rather than a slave."
Any person subjected to laws without his consent is a slave
How could Congress raise money under the Articles of Confederation?
Levy requisitions on the state governments
How can a strong national government affect minority rights?
More likely to respect and protect minority rights than states
What does Article IV, Section 3 of the U.S. Constitution ensure?
Only states have the power of changing their geographic boundaries
Which of the following is the most important civil rights provision in the U.S. Constitution?
Equal Protection Clause of the 14th Amendment
How many electors (electoral votes) does each state have?
Equal to the number of representatives each state has in the House of Representatives and the Senate
The Supreme Court uses the Lemon Test to check for constitutional violations of religious liberties according to which clause?
Establishment Clause
What current political organizations most resemble confederacies?
European Union & United Nations
"...that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness...". What is this passage referred to as?
The right of revolution
During The Critical Period (1783-1789), it seemed America's revolutionary experiment in democratic government was on the verge of ending in disaster. Why?
The states were becoming antagonistic and even hostile toward one another
Why did most Americans believe standing armies to be the end of liberty?
They were the way that executives are able to consolidate all government power and rule without the control of the people or the other branches of government. They would result in an authoritarian form of government.
What would be the biggest obstacle to ratifying the new Constitution, if they were bound by the amendment rules of the Articles of Confederation?
Unanimous consent of the state legislatures was needed
What's the difference between enumerated and unenumerated constitutional rights?
Unenumerated rights are not explicitly mentioned anywhere in the U.S. Constitution, enumerated rights are explicitly listed
As opposed to CORE, the Southern Christian Leadership Conference (SCLC) was founded and headquartered in _____________. Its 1st president was ________________________
the South, Martin Luther King, Jr.
What does homophobia refer to?
the fear and hatred towards LGBTQ+ people, which can lead to verbal abuse, bully, acts of violence, and discrimination in the government and private spheres
The good faith exception grants that evidence obtained from an invalid warrant does not need to be excluded from trial - but under what condition?
the officer who seized the evidence acted in good faith in falsely believing the warrant was valid
What is devolution?
the process of the federal government returning functions and powers to state and local governments
The undue burden standard has led to __________ legal restrictions on abortion at the _______ level
tighter, state
Why was the Student Nonviolent Coordinating Committee (SNCC) founded?
to allow student activists to chart their own course independently from Southern Christian Leadership Conference (SCLC) leaders
During the Progressive Era, the U.S. Supreme Court ruled that since economic production is local, it is __________________ for the federal government to regulate it. Congress disagreed with the Supreme Court. Congress thought it had authority to regulate economic production if that production affects interstate ____________
unconstitutional, commerce
In the first years of the New Deal, the U.S. Supreme Court found many New Deal policies to be _________________ due to their involvement with _______________________
unconstitutional, economic production
In the US, content-based restrictions on political speech are usually considered _________________ , with a preference towards competition in the " ________________ of ideas".
unconstitutional, marketplace
What was the outcome of the Atlanta Race Riot of 1906?
-22-25 Black ppl killed, more than 100 injured -Black businesses and homes were burned
Georgia's constitutional liberties place legal obligations on which of the following?
-Georgia's state government -Local governments within Georgia
What was the impact of the WWII on federal spending?
"point of no return" for more federal spending than state and local combined
What legal standard for sexual harassment lawsuits did the Supreme Court establish in a 1993 ruling?
"reasonable person" would perceive work environment as being "hostile or abusive"
As a product of discriminatory practices and policies, the net worth of the average white family is ____________, compared to the average Black family's __________
$171,000; $17, 150
What are the 2 ways the U.S. Constitution delegates powers to the federal government?
- 1) enumerated powers - 2) implied powers
What are the questions used in each phase of the Sherbert Test to review claims under the Free Exercise Clause?
- Phase 1: Does the person have a claim involving a sincere religious belief? & Is the government action an actual burden on the person's ability to act on their belief? - Phase 2: Was the government interference with religious practice the result of pursuing a compelling government interest?& Was there a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion?
What are the "self-evident" truths presented in America's Creed?
-"...all men are created equal..." -"...that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." -"...Governments are instituted among Men, deriving their just powers from the consent of the governed..." -"...whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..."
What are the 2 principles of the 10th Amendment?
-1) the authority of the federal government is limited to only those legal powers that are delegated to it by the U.S. Constitution -2) Unless the U.S. Constitution (or a state's constitution) prohibits a state from exercising a particular power, then the state is presumed to have that power
Which federal constitutional amendments are a direct result of the Civil War?
-13th -14th -15th
Match the Reconstruction Amendments to what they accomplished
-13th Amendment: abolished slavery everywhere in the United States -14th Amendment: affirms birthright citizenship and prohibits state governments from passing laws to abridge any fundamental rights and liberties granted to citizens -15th Amendment: declared it is unconstitutional for anyone to be deprived the right to vote based on race
Match the Progressive Era Amendments to what they accomplished
-16th Amendment: gave the federal government authority to raise revenue through a progressive income tax -17th Amendment: mandated that U.S. Senators must be elected by the people of each state -18th Amendment: prohibited the manufacture, sale, and transportation of "intoxicating liquors" -19th Amendment: forbade any state from denying anyone the right to vote on account of sex
What are the milestones in judicial interpretations of capital punishment?
-1972: capital punishment ruled unconstitutional b/c there was no standard of when to give death penalty vs lesser sentence -1976: death penalty ruled constitutional when 2 trials are used: one for determine guilt, one for sentencing -1987: systemic racial bias ruled not enough to prove racial discrimination unconstitutional, unless proven in specific case -2008: death penalty can be imposed only if victim dies
Match the FDR Amendments to what they accomplished
-20th Amendment: moved the President's Inauguration Day to Jan. 20th and required Congress to convene on Jan. 3rd -21st Amendment: ended prohibition -22nd Amendment: prohibited anyone from serving more than 2 terms as President
Match the accomplishments to the Amendments to which they correspond
-25th Amendment: constitutional procedures for determine when a President is no longer fit to serve -26th Amendment: no one 18 years or older can be denied the right to vote on account of their age -27th Amendment: when Congress votes to raise the pay of Congress members, the pay increase cannot take effect until after the next congressional election
What protections does Article III provide for criminal suspects?
-All criminal trials must be by jury -No one may be convicted of treason unless a suspect confesses or 2 witness testify to having observed "the same overt Act" of treason
Why was the Philadelphia Convention assembled?
-Armed rebellions had begun to arise in several states, in particular Shay's Rebellion -Congress couldn't afford to order union troops to quell emerging rebellions
Match the first 3 articles of the Constitution to the subjects they address
-Article I: the legislative branch of the federal government -Article II: the executive branch (the presidency) -Article III: establishes a federal court system composed of "one supreme Court" and also "inferior Courts"
What are key beliefs of the Nation of Islam?
-Black nationalism -Black people are genetically superior to whites -separation of races
What were the approaches taken by Booker T. Washington and W.E.B. Du Bois?
-Booker T. Washington: Atlanta Compromise, gradual and accommodating strategy, economic rights privatized over voting rights -W.E.B. Du Bois: fight for full civil rights immediately, voting rights necessary for economic and social progress, The Souls of Black Folk
How did the revolutionary state constitutions place a heavy emphasis on separation of powers?
-British rule had taught them to disdain government that is dominated by the executive and/or judicial branches -It was viewed as necessary for preserving liberty
As stated in Article V, what are the way that an amendment to the Constitution can be proposed?
-By 2/3 of Congress voting to propose an amendment -By 2/3 of state legislatures petitioning Congress to call a special convention
Once an amendment is proposed, the Constitution provides 2 different ways proposed amendments can ratified. What are they?
-By ¾ of the state legislatures voting to ratify -By the vote of ¾ of special popularly-elected ratifying conventions
The U.S. Constitution created a system of federalism. At the time of the founding, which areas were controlled by each level of government under the system of federalism?
-Central government: coining of money, diplomacy -State government: most of criminal law, family law, granting of hunting licenses -Concurrent: taxation
What are the differences between civil rights and civil liberties?
-Civil liberties: protects individuals from abuse of power, only applies to government actions -Civil rights: focused on equality, applies to discrimination by private and government actors
What were the goals of the Chicano Movement of the 1960s?
-Civil rights for Mexican-Americans -End to discrimination and racism -Access to organized labor and voting rights
Since 2010, how have the administrative and legislative branches responded to deportation of illegal immigrants?
-Congress has attempted to provide a pathway to citizenship for children brought here illegally via the DREAM Act -Presidents Obama and Trump have engaged in large-scale deportations and separating children from their families
What was the impact of Asian labor in the U.S.?
-Congress passed the Chinese Exclusion Act of 1882 -Drove down wages -Built transcontinental railroads
What were the 2 of the most important measures in Reagan's strategy to reduce the size of the federal government and its influence?
-Converted categorical grants to block grants and ending general revenue sharing program -Starving the beast by reducing taxes
What types of laws and policies have historically discriminated against women in the U.S.?
-Denial of access to professions and degrees -Little to no protection from domestic violence or rape by husband -No custody of children granted in divorce -Coverture marriage law
What are the 2 clauses of the 14th Amendment?
-Due Process Clause -Privileges or Immunities Clause
Which laws relate to legal equality between the sexes?
-Equal Pay Act of 1963 -!972 Amendments to Civil Rights Act of 1964 -Title IX of the Federal Education Act of 1972
Which clauses in the 1st Amendment are used to protect religious freedom?
-Establishment Clause -Free Exercise Clause
Compare the legal authority given to federal and state governments by the 10th Amendment
-Federal: no inherent police power, only has authority via Constitution -State: has inherent police power, authority only limited by Constitution
Match each type of political organization to its description
-Federalism: authority is partly divided and partly shared between a central government and member state governments; central government cannot alter legal powers or jurisdictions -Confederacy: states maintain as much autonomy and independence form the central government as possible; central government has authority over governments, not individuals -Unitary national government: a supreme central government that either is the only government or does not share authority with lower governments; can alter laws and jurisdictions
What are the characteristics of federal systems and unitary national governments?
-Federalism: authority partly divided and partly shared, states may have reserved powers, concurrent authority occurs in some areas, central government has no unilateral authority to alter legal powers or jurisdiction -Unitary national: authority concentrated in central government, no reserved powers for states, either no member states, or central government can alter legal powers and jurisdictions at will
What was the impact of the U.S. Supreme Court's decision in U.S. v. Lopez?
-First limits to congressional power under Commerce Clause since 1936 -Congress may not regulate non-economic activities under the Commerce Clause -Substantial effects doctrine only applies to economic activities
"...that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...". What is implied by the 3rd tenet of America's Creed?
-Government needs to be empowered to protect the rights of individuals from one another and from foreign threats -Government should be controlled to avoid unjustly threatening people's rights
The U.S. Constitution was designed to avoid giving the legislature too much power. How did they accomplish this?
-Implementing the principle of checks and balances between the branches of government -By removing the power of executive appointment from the legislature
How can a strong state government promote democratic citizenship?
-Increases the opportunities to participate in government, allowing more direct impact -Fosters the practice and development of skills, habits, and dispositions essential for democratic self-government
How does "America's Creed," as expressed in the Declaration of Independence, help us to understand American government and politics today?
-It highlights what unites the divided mainstream of American politics -It reflects the philosophy of government upon which America's state and federal constitutions are based and justified -It has served as a political tool for those challenging the status quo of government and politics
What were the Anti-Federalists arguments against the ratification of the Constitution?
-It lacked a list of civil liberties -The central government was too distant and complex to be effectively controlled by the people -It created a central government that was too powerful
How did the Articles of Confederation contribute to the poor economic conditions during the 1780s?
-It lacked the power to raise the money to build a navy to protect the import/export/trade of goods -State governments did not want to levy taxes on individuals
Why did Congress never actually resort to using military force against state governments for non-payment of requisitions?
-It would create ill will amongst the states and between the states and central government -Using military force would mean significant loss of life and property -The Articles of Confederation did not explicitly grant Congress the legal authority to use military force against delinquent states
What happened to Japanese Americans in the aftermath of the attack on Pearl Harbor?
-Japanese Americans were forced into internment camps -Supreme Court supported government's policy that resulted in serious civil rights abuses
What was the Supreme Court's most recent decision regarding women registering for the draft?
-Justice Rehnquist said in 1981 that men and women are "not similarly situated for purposes of a draft or registration for it"
How is rational basis applied by the U.S. Supreme Court?
-Laws are presumed constitutional unless not rationally related to a legitimate government interest -Applies to civil rights related to age, disability, and economic status
How is strict scrutiny applied by the U.S. Supreme Court?
-Laws are presumed unconstitutional unless narrowly tailored to a compelling government interest -Applies only to civil rights related to suspect classes
How is intermediate scrutiny applied by the U.S. Supreme Court?
-Laws are presumed unconstitutional unless substantially related to an important government interest -Applies to civil rights related to sex, but not sexual orientation or gender identity
Identify the current legal status of each discriminatory law or practice
-Laws prohibiting same-sex marriage and the associated government-guaranteed spousal rights and benefits --> Ruled unconstitutional in Obergefell v. Hodges (2015) -Laws prohibiting same-sex sodomy (but allowing it for heterosexuals) -->Ruled unconstitutional as a violation of the right to privacy in Lawrence v. Texas (2003) -Laws prohibiting openly LGTBQ+ from serving in the military. -->Ended via an executive order issued by President Barack Obama in 2011 -Legal environment allowing landlords, house sellers, and private lenders to discriminate against LGBTQ+ persons in access to housing and mortgages -->Newly protected from discrimination by a 2020 Supreme Court ruling; previously illegal in 23 states and Washington, D.C.
What impact did the American Indian Movement (AIM) have throughout the 1960s and 70s?
-Led to the passage of American Indian Self-Determination and Educational Assistance Act in 1975 -Culminated in the Wounded Knee incident of 1972
Match the political alignment to its perspective of FDR's New Deal
-Liberal: wise and proper, maybe should've gone farther -Conservative: partly beneficial and necessary at time, but lamentable that it paved way to expansive welfare state -Libertarian: unnecessary, ineffective, improper, harmful
Why did the Founders choose the Electoral College instead of direct popular election to elect the president?
-Many founders thought the people would be under-informed and easily manipulated -It was a compromise to give slave states more voice in presidential selection
The greatest level of control over the government that is exercised by the people id provided by Article I of the Constitution. What were the stipulations provided by Article I?
-Members of the House serve 2-year terms -Anyone who is eligible to vote for the state legislature is eligible to vote for members of the U.S. House of Representatives
How can a fully-centralized national government threaten liberty?
-Must have and use capacity to enforce all laws, federal, state, and local -Removes states' check on federal actions and powers
What are some characteristics of unenumerated constitutional rights?
-Not explicitly mentioned in the Constitution -Protected by the Due Process Clause of the 14th Amendment
Match the method of disenfranchisement with its description
-Poll tax: must pay to register to vote -Literacy test: must demonstrate "sufficient" knowledge to vote -White Primary: restrictions on nominating candidates
After several years of experience with the revolutionary state constitution, what did many Founders come to conclude?
-The legislature wasn't living up to the ideals of rule of law and constitutional government -The legislatures dominated the other branches of government
Match each abortion-related term with its description
-Pro-life: against abortion, connected to traditional roles -Pro-choice: supports the right of a woman to choose to have an abortion -Roe v. Wade (1973): established the decision to have an abortion is protection by the constitutional right of personal privacy within the bounds of the trimester framework -Planned Parenthood v. Casey (1992): abandoned trimester approach and created the undue burden standard -Undue burden standard: govt may regulate abortion at any stage of pregnancy, even actively promote childbirth and discourage abortion, so long as it doesn't illegitimately hinder a woman's right to choose to have an abortion
Classify which entities are responsible for public vs. private discrimination
-Public = government -Private = individuals and/or businesses
What was the impact of Lyndon B. Johnson's Great Society on federal spending and priorities?
-Rise of categorical grants and cooperative federalism -Increased federal protection of civil rights from state government abuse -Creation of Medicare and Medicaid
What did the leaders on either side of the Civil War believe the war was about?
-Secessionists: slavery, white supremacy -Republicans: abolition, all men are created equal
Compare the concepts and practices of selective and total incorporation
-Selective Incorporation: followed by the Supreme Court; gradual process, one case and one liberty at a time -Total Incorporation: all civil liberties automatically incorporated via Due Process Clause
What are the features of the Senate and the House of Representatives?
-Senate: 2 members per state, the upper house, 6-yr terms -House of Representatives: the amount of representatives per state is based on population, the lower house, 2-yr terms
What are some characteristics of the original federal system set up in the U.S. Constitution?
-Senators appointed by state legislatures to 6-year terms with no recall -Representatives and president were accountable to people via popular election
Compare the concepts of separation of church and state and accommodationism
-Separation of church and state: on the left; Establishment Clause designed to reduce or eliminate the role of religion in govt affairs -Accommodationism: on the right; Establishment Clause requires no one be forced to participate, and the govt cannot promote or endorse one religion -Shared: state and federal governments are prohibited from establishing a religion; Establishment Clause prohibits government from passing laws requiring people to attend or pay money to a religious institution
How were legislatures under tight democratic control held accountable to the public?
-Short terms for representatives -Direct popular elections
Impacts of Reagan's federalist actions
-Starve the beast: dropped taxes on highest earners from 70% to 29%, reduced federal revenue, but not spending -Reduced grants-in-aid: states had to choose between ending programs or self-funding them, reduced spending on grants-in-aid by 33%
What happened because the democratically controlled state governments were reluctant ti levy taxes on individuals?
-States and Congress accumulated high levels of debt -Political conflict arose within states between creditors and debtors -The economy suffered from inflation because states tried to pay debts by printing more paper money
It was not stated that treaties with foreign countries entered into by the United States were binding agreements that took precedence over state laws under the Articles of Confederation. What happened as a result of this?
-States often passed laws that contradicted the terms of treaties -It created tensions with foreign countries making it difficult to cooperate for mutual benefit
During the Constitutional Convention, the Founders had to consider the strong differences of interest and opinion amongst the people of the different states. What were the key constituencies that needed to reach a compromise?
-States with large populations and small populations -Northern states and Southern slave states
What are the 3 standards of review used by the Supreme Court to analyze the constitutionality of civil rights laws?
-Strict scrutiny -Intermediate scrutiny -Rational basis
What are the characteristics of the 3 standards of review used by the Supreme Court in analyzing civil rights cases?
-Strict scrutiny: law presumed unconstitutional unless narrowly tailored to advance compelling government interest, applies to laws affecting groups that are a part of a "suspect class" -Intermediate scrutiny: law presumed unconstitutional unless it is substantially related to promotion of important government interest, applies to sex-based discrimination -Rational basis: lowest standard of review, law is constitutional unless shown it is not rationally related to a legitimate government interest, applies to discrimination based on age, disability, and economic status
What is stated in the Preamble of the Constitution?
-The authority for the Constitution comes from "We the People" -General aspirations of the Constitution
What are the characteristics of a confederacy?
-The central government has only enough power to maintain good relations between the states and for coordinating collective action -The central government does not claim direct authority over individual persons -The central government only claims authority over the state governments
What contributed to the declining influence of the Southern slave states in government?
-The election of Lincoln to the presidency -Increasing population of non-slave states -The admission of new non-slave states to the union
Article I, Sections 9 and 10 provide civil liberties protections against the federal government and state governments. What are the protections?
-The federal government cannot suspend the "Privilege of the Writ of Habeas Corpus" unless public safety may require it -Ex post facto laws or bills of attainder cannot be enacted
What are the conditions of the Lemon Test?
-The law must have a secular legislative purpose -The law must not result in an excessive govt entanglement w religious affairs -The law must neither advance nor inhibit religious practices
Under the Articles of Confederation the central government consisted solely of a unicameral legislature (no executive or judicial branches). What problems arose because of this?
-There were no government departments to carry out public policy -There was no branch dedicated to diplomacy, or commanding the military
How did the founders get around the state legislatures and constitutional law to gain acceptance of the new Constitution?
-They changed the requirements so that only 9 out of 13 states (supermajority) were needed to ratify -The Constitution was submitted to special popularly elected ratifying conventions in each state for the people to decide
What was the British response to the Boston Tea Party?
-They closed the port of Boston -They took control of the governance of Massachusetts -They passed the Coercive Acts (Intolebale Acts)
What were the arguments for the United States to remain united during the Critical Period?
-They were better able to defend themselves from common security threats -Economic protectionism between states would be worse if the states were disunited -If the states were apprehensive about war with each other, large standing armies would be created
Where can the constitutional rules that define U.S. federalism be found?
-U.S. Constitution -U.S. Supreme Court decisions
What was the impact of the 1894 progressive income tax?
-U.S. Supreme Court ruled it unconstitutional -Led Congress to introduce the 16th Amendment
According to pro-unionist arguments, what are the characteristics of united vs. disunited governments?
-United: less prone to violence and non-cooperation, governments relate to each other through political and legal processes, easier to forge fair and mutually beneficial policies -Disunited: governments relate to each other through diplomacy and military force, more difficult to resolve conflicts peacefully, difficult to forge fair and mutually beneficial policies
What were the features of each the Virginia Plan and the New Jersey Plan?
-Virginia Plan: the # of representatives for each state in Congress is based on the state's population; proportional representation; the Large State Plan -New Jersey Plan: each state had an equal # of votes in legislature; equal state representation; the Small State Plan
Which of the following most contributed to the federal government's growth between 1940 and 1968?
-WWII -Cold War -LBJ's Great Society program
What are some characteristics of the marriage law doctrine of coverture?
-Women sacrificed rights and legal existence to husband -Women could not own property, enter contracts, or earn a salary in their own name -Most aspects not outlawed in all states until 1900
What is patriarchy, in the context of women's rights?
-a social order in which men are predominant in status, authority, and power -ideas, structures, and institutions that can be traced back for 1000s of years around the world
What was the impact of white supremacist riots and massacres from 1898-1943?
-around 700 A.A.'s dead and 1000s injured -tens of millions of dollars in property damage
Before the Civil War, what were the tasks of the federal government?
-assisting with limited infrastructure projects -handling foreign policy -keeping the peace between states over slavery
What was the impact of the United Farm Workers of American (UFW)?
-bolstered political movements in other civil rights areas -led the California grape strike from 1965-1970 -organized strikes for better working conditions
What was the Atlanta Compromise?
-brainchild of Booker T. Washington, to allow gradual integration of A.A.'s into society -offered to stop agitating for full rights and equality, if A.A.'s were allowed opportunities for economic improvement
What's considered to be forms of expression protected by the First Amendment?
-burning flags -posting material to the internet -writing, speaking, and printing political material
In the original text of the U.S. Constitution, what are some limits put on state authority?
-cannot enter into treaties with foreign countries -cannot engage in war with other countries -cannot coin money -no tariffs on imports or exports -cannot enact ex post facto laws
What are some characteristics of confederacies?
-central government claims authority over governments -central government cannot punish member states for failing to comply
What was the impact of the Reconstruction Amendments?
-considered "sleeping giants" for future political moments -transformed U.S. Constitution to a high degree
What are some ways African Americans were disenfranchised at the state level, despite the 15th Amendment?
-could not serve on juries -poll taxes -White Primaries
What were some key accomplishments of the Voting Rights Act of 1965?
-creating the pre-clearance requirement -banning literacy tests and other devices intended to suppress voting
What are some types of expression that receive less protection under the 1st Amendment?
-defamation (libel and slander) -fighting words -obscenity -speech promoting, and likely to incite or produce, "imminent lawless action"
What are some circumstances in which the death penalty cannot be applied?
-defendants under the age of 18 at the time of the alleged murder -the victim does not die as a result of the crime -the defendant is unable to rationally understand the reasons for their execution
What are some characteristics of peonage in the South?
-demeaning labor conditions using forced labor contracts -applied to 1/3 of farm workers on large plantations -made illegal in 1867, but practiced until 1940s
What are the characteristics dual and cooperative federalism?
-dual: Layer cake federalism, Clearly defined division of authority and responsibility between federal and state governments, Form used before FDR, Federal government mostly limited to managing foreign affairs, peacekeeping between states, and coordinating infrastructure -cooperative: Marble cake federalism, State and federal roles are intermingled, Categorical grants, Federal government incentivizes states to implement national policy priorities
What are the characteristics of enumerated and implied powers?
-enumerated: most are provided in Article I, Section 8, specific powers that are explicitly listed in the Constitution -implied: powers not explicitly granted to Congress but rather can be inferred to exist by the letter and spirit of the text of the Constitution, amendment-enforcing provisions are a source of these powers, Necessary and Proper Clause is a common source of these powers
What role did the criminal justice system play in the Jim Crow South?
-excluded African Americans from juries, judgeships, and the legal profession -allowed whites to inflict violence on African Americans with no fear of legal consequence
What major changes did the 1937 Supreme Court make to American constitutional law?
-expanded federal regulatory authority under the Commerce Clause -provided the constitutional basis for the modern "welfare state"
What was the combined impact of peonage and convict-leasing on the African American population?
-forced A.A.'s to remain exploited second-class citizens -enslaved 800,000 people btwn 1870 and 1945
The U.S. is the only Western democracy that has constitutional protection for what types of expression?
-hate speech -spending money on political campaigns
How can a strong national government affect the provision of public goods and services?
-identifies and provides nationwide goods without the temptation to free ride -reduces negative externalities like pollution or infectious diseases across state lines
What are some documented effects of heteronormativity on LGBTQ+ people?
-internalized homophobia leading to higher rates of depression and suicide -social isolation and/or rejection by family or society
Which of the following statements is true about African American political empowerment during Reconstruction?
-more than 10 A.A.'s served in Congress -100s of A.A.'s served in state legislatures -A.A. voters were key to Republican Party influence in the South
According to Title II of the Civil Rights Act of 1964, all public accommodations that engaged in interstate commerce were barred from discriminating against people based on which characteristics?
-national origin -race or color -religion
What important changes were introduced by the Reconstruction amendments?
-national rule against slavery (13th) -states cannot infringe on rights/liberties inherent in citizenship (14th) -racial equality cannot be undermined by states (15th) -amendment-enforcing provisions for each
What 3 indictors can be used to measure the impact of the conservative backlash?
-number of nonmilitary personnel -amount of regulatory activity by federal agencies -amount of money spent on grants-in-aid
What was the impact of the Miranda v. Arizona (1966) ruling?
-officers now must prove that suspect intentionally waived their rights -acknowledged psychological coercion as well as physical
What are some characteristics of a right to a jury in criminal trials?
-originates with the 1215 Magna Carta -potential jurors must be drawn randomly -cannot exclude jurors based on race or sex/gender
Which of the following statements is true about Lawrence v. Texas (2003)?
-overturned the 1986 U.S. Supreme Court ruling Bowers v. Hardwick -established that the constitutional right to privacy is violated when laws seek to regulate sexual activity engaged in by consenting adults in the privacy of their home -U.S. Supreme Court adopted Georgia's high court reasoning from 1998
What are some civil rights African Americans were deprived of as a result of black codes?
-own or carry firearms -vote and run for office -own, sell, and lease property -sue and be sued
What were some of the drivers of white supremacy in the South?
-perceived threats to social status and identity of whites -perceived economic threats to working class whites -pain of military defeat
What were the central goals of the Democratic Party in the South after the Civil War?
-perpetuating white supremacy -restoring slavery
What behavior by the government counts as a search that is protected under the 4th Amendment?
-physical invasion of home and/or physically touching the body -any surveillance where you would have reasonable expectation of privacy
How can a strong national government affect the preservation of the union?
-prevents states from becoming too independent or powerful -acts as basis and guarantor of peace, prosperity, and cooperation
What is the Fair Housing Act of 1968?
-prohibits discrimination in the sale, rental, financing, and advertising of housing based on race, religion, and national origin -legislation enacted after the assassination of MLK Jr.
What are some characteristics of the 8th Amendment's prohibition on cruel and unusual punishment?
-prohibits execution via drawing, quartering, or burning at the stake -the death penalty may be inflicted constitutionally, under certain conditions
The American prison population is the largest in the world, with the highest per capita incarceration rate. Black Americans make up ____ of the general population, but ____ of the incarcerated population.
13%, 40%
Which case(s) are protected expression, or may be restricted?
-protected: organizing a protest against the government, corporate spending on political advertising, burning the national flag, creating an attack ad criticizing a politicians voting record, political candidates personally funding their own campaign -restricted: making false statements that harm someone's reputation, shouting "active shooter!" in a crowded theater, using words intended to provoke others into fighting, students wearing objectionable clothing at a school event, promoting and trying to incite imminent lawless action, setting loudspeaker volume to maximum at a protest
What are key arguments for greater state government authority, and less national government authority?
-protecting liberty -representing the diversity of local community values and interests -learning from policy experimentation -benefiting from "foot voting" -fostering democratic citizenship
What characterizes the actual malice standard?
-provides a higher standard of proof to defamation suits brought by elected officials or public figures -person accused of defamation must know statement was false, or demonstrate reckless disregard for the truth
What are some key arguments for greater national government authority, and less state government authority?
-providing national public goods and reducing negative externalities -protecting minority rights -preserving the Union -preventing races to the bottom -reducing compliance costs through standardization and uniformity of rules
Generally speaking, how are public and private discrimination currently made illegal?
-public discrimination is banned in constitutions and legislative statutes -private discrimination is banned only in legislative statutes
Which of the following are suspect classes?
-race -skin color -ethnicity -religion -national origin
How did the Civil War contribute to the development of U.S. federalism?
-removed slavery and threat of secession from political conversation -new amendments shifted more power to federal government
What provisions are specified in Article IV of the U.S. Constitution?
-responsibilities of federal government to states and/or territories -obligations of states to one another
Title II of the Civil Rights Act of 1964 bans discrimination in public accommodations. Which of the following is true about public accommodations?
-restaurants are an example -they are privately owned
What are some characteristics of the 5th Amendment's protection against self-incrimination?
-right not to testify at trial, or have silence used against them -more strongly protects criminal defendants than others testifying
What are some examples of new technology using the protections of the 4th Amendment against warrantless searches? A warrant is needed to:
-search the contents of a smartphone during a lawful arrest -attach a GPS device to a car
What was the impact of the 1929 stock market crash?
-started a chain reaction that led to the Great Depression -led to a revolutionary expansion of federal government's role in economy and society
What were some methods used to suppress Black voting in the South after the Civil War?
-terror campaigns waged by paramilitary groups -voting fraud -stealing ballot boxes -assassinations -politicians stirring racial resentment -use of force and violent intimidation
What is true about the Supreme Court's recent rulings on the 2nd Amendment?
-the 2nd Amendment protects an individual's right to own and carry guns for self-defense -the 2nd Amendment right to bear arms is incorporated, and thus applies against the states, through the Due Process Clause of the 14th Amendment
Changes to which things have resulted in more power to the federal government, over states and individuals?
-the federal government's constitutional authority -the power of the purse -number and power of federal bureaucratic agencies -what the people want the federal government to do
What were the key causes of the conservative backlash against the development of federalism from the New Deal through the 1960s?
-white southern conservatives' opposition to civil rights -unfunded mandates -perception of categorical grants as coercive federalism
Georgia is ___________ state(s) that does not have its own law banning private discrimination in ______________________________
1 of 5; public accommodations
What are the 4 most important circumstances in which a search without a warrant can be considered lawful?
1) incident to a lawful arrest: if police have met the requirements for an arrest to be lawful, then, at the time of the arrest, they may search the suspect and the surrounding area under their immediate control 2) exigent circumstances: if police have reason to worry that someone is about to destroy evidence, or if they are in pursuit of a suspect, they can seize evidence or forcibly enter premises 3) plain view: if a police officer is somewhere that he or she has a legal right to be, then the officer may seize evidence they can see whether or not they're executing a warrant 4) automobile exception: if the police have probably cause to believe the owner of a vehicle is guilty of a crime, they can conduct a search without a warrant
In Obergefell v. Hodges (2015), the U.S. Supreme Court made what 2 rulings?
1) marriage is a fundamental (unenumerated) right protected by the liberty of the Due Process Clause 2) there is not sufficient justification for excluding same sex couples from exercising the fundamental constitutional right to marry
In what 4 ways does the 4th Amendment protect citizens against unjustified government interference when law enforcement officials search for evidence?
1) no unreasonable searches 2) search warrants are required, must have probable cause 3) a judge must issue the search warrant 4) no unlimited searches
In the Miller Test, what conditions must be met in order for a work to be considered obscene?
1) the avg person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest 2) the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3) the work taken as a whole, lacks serious literary, artistic, political, or scientific value
Which amendment of the U.S. Constitution is most often used to ensure federal civil liberties are protected at the state and local level?
14th Amendment
Order the timeline of judicial and legislative interpretations of the Free Exercise Clause
1. Belief-action rule: free to believe, not free to act on beliefs 2. Sherbert Test's 2-phase analysis and strict scrutiny 3. Unintended restrictions are permissible, but not targeted 4. Religious Freedom Restoration Act (RFRA) and strict scrutiny
Place the events of the spring and summer of 1776 in order
1. May 1776: Congress urged the colonies to begin writing new constitutions 2. June 1776: Congress appointed a committee of 5 members to write a statement justifying the American decision to declare independence 3. July 2nd, 1776: Congress voted for independence 4. July 4th, 1776: Congress officially approved the written justification, the Declaration of Independence
The Civil Rights Act of 1964 had ____ major titles, and each made significant contributions to civil rights in the U.S.
11
Match the events of the creation of the Founders' Constitution to the dates they occurred.
1787: Delegates convened in Philadelphia to write a Constitution to replace the Articles of Confederation Sept. 17th, 1787: The Original Constitution was signed 1788: The Original Constitution was ratified to become "the supreme law of the land" Dec. 15th, 1791: 10 amendments to the Original Constitution - known as the Bill of Rights - would be ratified 1795 & 1804: The final amendments to the Constitution by the founding generation were added
The Progressive Era lasted roughly from the ________ to the _______
1890s, 1920s
In a decision in ________, the Supreme Court of Georgia became the ________ high court in the U.S. to establish the right of personal privacy in state (or federal) constitutional law
1905, first
In the 2nd Amendment, gun rights advocates focus on the ___________, whereas gun control advocates focus on the ___________
2nd part, 1st part
Between 1877 and 1950, lynching resulted in ________ deaths, with the most occurring in ____________
4000, Georgia
How many Americans lost their lives through participation in the struggle for civil rights?
41
It is estimated that, on average, the percentage of white men eligible to vote in America under the new revolutionary constitutions was ____ greater than in Britain
4x
As a result of voter suppression tactics in the South, African American voting in presidential elections dropped from ___________ between 1876 and 1922. By the late 1930s, it is estimated that less than _____ of African Americans in the South were registered to vote
75% to 20%, 5%
Diseases brought by European colonists swept through indigenous communities across the entire continent. There was an up to ____ mortality rate, with the indigenous population dropping from ____________ between 1492 to 1592
90%, 60 mil to 6 mil
What is the role of the income tax revenue for the federal government?
A major source of revenue to support higher spending than state and local governments
What historical movement led to the ratification of the 14th Amendment, to protect citizens' federal liberties against state infringement?
Abolitionism
Which cause characterized the Republican Party during the Reconstruction period?
African American rights
What was the British argument for the legitimacy of the Stamp Act?
American views and interests were represented because there were members of Parliament who had reason to sympathize with American interests. In other words, they had virtual representation.
In America's Creed, Jefferson states that "...all men are created equal...". In the context in which the Declaration of Independence was written, what does this mean?
Americans were under no natural obligation to continue submission to the King
What clause of the U.S. Constitution authorized Congress to create the Interstate Commerce Commission (ICC)?
Commerce Clause
Making good on the promise made to the Anti-Federalists, the Constitution was amended to include a list of civil liberties. The first ten amendments to the U.S. Constitution became known as the _____________________
Bill of Rights
What key feature prevents a political organization from being a confederacy?
Central government has authority over individuals
_______________ are legal rights that are designed to protect individuals form government abuse
Civil liberties
Federalism is a mixture of which 2 extreme forms of political organization?
Confederacy & unitary national government
What is "principled federalism"?
Consistent commitment to a particular federalist structure even if one dislikes the policy outcomes
The ideological conflict between those that seek to promote the equal status of traditionally subordinated groups, and those that seek to promote or uphold traditional moral values, is called the ____________________
Culture War
Which act was passed by Parliament that stated it had the authority to make laws "in all cases whatsoever"?
Declaratory Act
Ever since Roe v. Wade (1973), the Supreme Court has held that the constitutional right to privacy derives from the ________________________
Due Process Clause
The ______________________ is a system established by the U.S. Constitution for selecting Presidents. The person who becomes President is the person who wins the most votes from the Electors.
Electoral College
What level of government, according to the 1993 Religious Freedom Restoration Act, must meet "strict scrutiny" when passing laws that potentially infringe on personal religious liberties?
Federal
The Original Constitution and the first twelve amendments are known as the __________________________________ because all of it was the work of the founding generation.
Founders' Constitution
What happened as a result of the British and American victory in the French and Indian War?
France was removed from all of the mainland of North America
The __________________________ granted slave owners a constitutional right to recapture runaway slaves who had fled to other states, including states where slavery was illegal. And, as importantly, it took away the right of states to pass laws to protect and/or emancipate runaway slaves
Fugitive Slave Clause
Known as the ________ Compromise, Roger Sherman of Connecticut proposed that the New Jersey Plan and the Virginia Plan be merged to form a ________________ legislature. One house would have proportional representation, and the other equal state representation.
Great; bicameral
Disagreement over the schemes of representation nearly ended the Constitutional Convention. No one at the Convention was willing to discuss the specific authority that would be granted to the central government until the issue of representation in Congress was resolved. What was the reasoning that delegates felt this way?
If the people of their state have their interests well represented in Congress, then Congress can do whatever it wants. If they are not well represented, Congress should have as little authority as possible
What process has the U.S. Supreme Court used to protect the civil liberties found in the Bill of Rights against state or local government abuse?
Incorporation
There were at least 2 reasons the Founders chose a bicameral legislature. What's one of those reasons?
It facilitated the Great Compromise
What was the argument the Federalists used to convince enough Anti-Federalists to support ratification of the new Constitution?
It was better to adopt the Constitution in its current form and then later fix any problems through amendments
How did the convict-leasing system operate?
It was developed from a loophole in the 13th Amendment. Black males were arrested by the 1000s and sentenced to long prison sentences with forced labor for minor crimes or made-up charges. Convicted prisoners were then leased (like property) by state governments to private industrial companies that ruthlessly drove them to work in slave-like conditions
Why did the colonists protest the Stamp Act?
It was unconstitutional taxation without representation
Inspired by _____________, James Farmer and Bernice Fisher founded the Congress of Racial Equality (CORE) in Chicago in 1942. Their actions led to ______________________ becoming the default method of the African American civil rights movement.
Mahatma Gandhi, nonviolent direct action
What does it mean to give the people tight democratic control over their legislature?
Members of the state legislatures are regularly held accountable to voters
To highlight a flaw in the design of the Articles of Confederation, what was the only punishment the central government could use to gain compliance to these requests?
Military force
Because the anti-slavery delegates did not want the Southern slave state delegates to leave the Constitutional Convention, the resulting Constitution did a lot to protect slavery. However, these provisions are mostly hidden. Why is this?
Most of the framers were of the view that the Constitution's protections for slavery were an embarrassment that should be concealed as much as possible
What was the impact of the reform movements of the Progressive Era?
New demands on federal government to play a greater role in regulating economy and society
What were FDR's New Deal programs?
Over 25 major acts for economic relief, recovery, and reform to prevent another economic depression from occurring
Why did the 1937 U.S. Supreme Court introduce a new interpretation of the federal government's constitutional authority?
President Roosevelt's "court-packing plan"
What is affirmative action?
Programs by employers or schools aimed at favoring groups with history of facing discrimination
What is it called when states unhealthily compete with each other for business investment by offering lower taxes and socially undesirable regulatory standards?
Race to the bottom
The Radical Republicans left a lasting constitutional legacy in the 13th, 14th, and 15th Amendments to the Constitution. They were known as the __________________ Amendments.
Reconstruction
The federal government made significant efforts to protect and empower African Americans during the __________________ and ______________ eras.
Reconstruction, Civil Rights
________________ were essentially requests that the state governments pay money to Congress. Despite a legal obligation to comply with them, the states were reluctant to do so and they came up with many excuses to avoid paying
Requisitions
What does the term foot voting refer to?
Right to move to another state if person disagrees with states policies
What doctrine was introduced in Plessy v. Ferguson (1896)?
Separate but Equal
What does welfare state mean?
Set of federal government programs that promote economic security, health, and well-being of citizens, especially those in financial or social need
The Articles of Confederation did not give the people direct control over Congress. Who appointed members of Congress?
State legislatures
The _______ Act forced the American colonists to pay for and use printed paper produced in London for legal and commercial documents, newspapers, playing cards, etc.
Stamp
What was the impact of Dillion's Rule?
State governments are legally constituted like unitary national governments
The Article VI _____________ Clause of the Constitution states that if there is a conflict between state law and federal law in an area of concurrent authority, the federal law takes precedence over the state law
Supremacy
What does the Supremacy Clause establish?
The U.S. Constitution and all federal laws are supreme over state and local
The Founders would write and ratify a new constitution to replace the Articles of Confederation and Perpetual Union in 1787-1788. What was the reason they had to do this?
The Articles of Confederation and Perpetual Union created a central government that was too weak, and, by extension, allowed the states to have too much power and independence
What was the impact of the 1996 Supreme Court ruling on Virginia Military Institute's (VMI) admission policies?
The Court rejected VMI's "special character" argument as not an "exceedingly persuasive justification"
What does the state action doctrine suggest?
The U.S. Constitution does not ban private discrimination
Britain's national debt almost doubled because of the borrowing needed to fund the French and Indian War. Under pressure from the heavily taxed wealthy British subjects, what policy did Parliament enact to move some of the financial burden to the American colonists?
The Stamp Act
What is the presumption of constitutionality?
The Supreme Court accepts the federal or state governments' assessment of "substantial effects" and presumes related laws are constitutional
How has the Supreme Court generally interpreted the Privileges or Immunities and Due Process Clauses of the 14th Amendment?
The Supreme Court has operated as the Privileges or Immunities Clause does not exist. They have interpreted the Due Process Clause much more broadly than its framers intended
What was the impact of the state action doctrine in the Civil Rights Cases?
The Supreme Court ruled that a government ban on private discrimination is unconstitutional
The Constitution's Preamble begins and ends with the words: "We the People ... do ordain and establish this Constitution for the United States of America." What does this mean?
The U.S. Constitution was enacted under the authority of the sovereign people of the United States of America
What does the term laboratories of democracy refer to?
The ability for states to conduct their own policy experiments to learn what works best and what does not work
What are content-neutral regulations that can be constitutionally imposed by the govt?
The govt may impose content-neutral regulations that interfere with speech so long as such regulations are reasonable. Generally speaking, the Court has been willing to allow for content-neutral regulations that are based on the "time, place, and manner" in which expression takes place
"...(men) are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness...". Which of Locke's principles are reflected by this excerpt (and the American Creed)?
The theory of natural rights
State and local governments have __________ authority to enact laws banning private discrimination
broad
"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." What does this mean?
This clause guaranteed that Congress would not ban the slave trade prior to 1808. But, a tax may be imposed that does not exceed $10 per person (slave)
State legislatures were required to select delegates to the U.S. Congress every year. However, they were allowed tor call any delegate at any time and replace that person with a new delegate. How did this affect the dynamic between the legislature and the delegates?
This gave state legislatures powerful leverage over congressional delegates.
What is a progressive income tax?
Those who make higher incomes pay higher taxes than those who make lower incomes
When measuring population sizes for purposes of apportioning representatives in the House, each slave would count as three fifths of a person. This concession to slave states is now known as the ____________________ Compromise.
Three Fifths
The Equal Employment Opportunity Commission was created as a result of __________ of the Civil Rights Act of 1964. It became a powerful force against employment discrimination after it gained the right to _____ employers and unions in 1972.
Title VII, sue
Known as the Civil Rights Era Amendments, why were the 23rd and 24th Amendments ratified?
To give African Americans more voice in presidential elections
Why did delegates from slave states prefer to calculate state population size by counting the total number of inhabitants (including slaves)?
To guarantee a majority of seats in the House of Representatives
Written by Alexander Hamilton, James Madison, and John Jay, what was the immediate purpose of the Federalist Papers
To persuade New Yorkers to vote to ratify the Constitution
The Continental Congress was formed as a reaction to Britain taking control on the Massachusetts colony. What was its original purpose?
To present a unified front of resistance to British policy
How can a strong national government affect races to the bottom?
Upholds higher standards than states facing competition are able
In 1909, a coalition of white and Black intellectuals and activists joined _____________ in New York City to found the National Association for the Advancement of Colored People (NAACP). The organization waged a multifaceted campaign of resistance against ________ aspect(s) of the Jim Crow system.
W.E.B. Du Bois, every
How do differences in values and interests among different states lead to an argument against uniform national standards and toward state-level or municipal-level policy-making?
When values and interests are different across states, it is difficult if not impossible for uniform laws and standards to adequately reflect that diversity. In those situations, it can be better for laws and policies to be made at the most local level possible.
In accordance with the first state constitutions, who was allowed to vote in all of the states?
White men
What is a categorical grant?
a grant-in-aid with strict and specific guidelines for spending
What govt jurisdictions are obligated to apply freedom of expression protections?
all (federal, state, and local)
The courts, especially the US Supreme Court, have played a vital role in providing _____________ interpretations of otherwise ________ civil liberties.
authoritative, vague
What is the power of judicial review?
authority of courts to decide whether acts of government are constitutional or unconstitutional
What are limits to the states' police power?
cannot violate constitutionally protected civil liberties or rights
Nixon's most significant legacy, with regards to federalism, was to replace _______________ grants with _________ grants.
categorical, block
President Clinton worked with Republicans to convert _____________ grants related to welfare, job training, and transportation into ________ grants.
categorical, block
What do some states and counties with a history of voter suppression have to get permission from the federal government to do, according to the preclearance requirement?
change voting laws or procedures
A system of _____________________ was designed to keep the three branches of government (executive, legislative, judicial) truly separate from one another by, somewhat paradoxically, giving them a bit of power over one another. This ensures that no one branch is more powerful than another.
checks and balances
What was the major contribution of the Freedman's Bureau with the longest term impact?
creation of schools for African Americans throughout the South
What legal protection does the exclusionary rule outline?
if the government seizes evidence through an unconstitutional search, then the evidence may not be admitted into court
In a(n) __________ , there is a central government and state governments, but the system is designed such that the states maintain as much sovereignty and independence as possible.
confederacy
The _____________ political mood of the country in the 1980s and 1990s found expression in the federalism decisions of the U.S. Supreme Court.
conservative
The power of judicial review allows courts to decide whether an act of government is _______________ . Decisions made via judicial review apply to all __________ courts and jurisdictions.
constitutional, lower
What was the impact of the Interstate Commerce Act?
created the federal government's first independent regulatory agency
How can a strong national government affect opportunity and compliance costs?
creates and provides uniform rules and standards to reduce opportunity and compliance costs
The U.S. Supreme Court's substantial effects doctrine allows the federal government to regulate any _____________ activity that has a substantial effect on ______________ commerce.
economic, interstate
Radical Reconstruction was a short-lived _____________ program implemented when Republicans controlled ________ chamber(s) of Congress
emancipatory, both
The federal government has used its power of the purse to _____________ state governments to implement national programs.
encourage
What defines coercive federalism?
federal government dictates policy to the states instead of working as a co-equal partner alongside them
What are unfunded mandates?
federal regulatory or spending requirements placed on states that states must pay for with their own funds
What is the role of the Necessary and Proper Clause?
gives Congress the authority to make laws that execute its enumerated powers
What are block grants?
grants-in-aid that provides significant freedom to decide how to spend money
What does Article 1, Section 9 establish?
guaranteed that Congress would not ban the slave trade prior to 1808, which was 20 years after they expected the Constitution to be ratified
Heteronormativity is the culturally-reinforced belief that the only natural and appropriate form of sexual relationships are _______________ and between _____________ people
heterosexual, cisgender
What is the public safety exception?
in certain circumstances, police officers may ask questions reasonably prompted by a concern for the public safety
What was the impact of the Cold War on federal spending and public opinion?
increased public support for spending on the military and related industries
Defaming someone in writing is referred to as _________ . Defaming someone through speech is called ___________ .
libel, slander
When it comes to constitutionally-protected freedom of expression, it is thought to be more important to protect expression of __________ views than it is to protect __________ views.
minority, majority
What are grants-in-aid?
money or land provided by the federal government to state and/or local governments for purposes defined by the federal government
Between 1940-1968, major Supreme Court decisions and congressional legislation led to a(n) _______________ federal government role in protecting individuals and historically oppressed groups against _________________ abuse and discrimination.
much greater, state and private
What legal obligation of the govt, regarding the 6th Amendment right to counsel, was established in Gideon v. Wainwright (1963)?
must supply attorney when one is requested but cannot be afforded
What is the undisputed core principle of the Establishment Clause?
no official or mandatory government religion
According to the Supreme Court, the right to bear arms is _________________. Thus, much debate now revolves around _____________________________
not absolute, how limited the right is
The freedom of expression is __________________ ; there are _______ circumstances where the right can be restricted.
not absolute, some
Although principled federalism may have never been prevalent historically, today it is clearly ____________________
not applicable
Brown v. Board of Education (1954) resulted in a 9-0 ruling that ___________ the doctrine of separate but equal. The lead attorney on the case, ____________________, would later become the 1st A.A. Supreme Court Justice.
overturned, Thurgood Marshall
The LGBTQ+ coalition is held together by the fundamental experience of cultural, social, and/or legal ___________ on account of sexual or gender identity
oppression
Circular No. 3951, which was issued by Attorney General Francis Biddle, ordered the Department of Justice to aggressively prosecute __________ cases. This crackdown was the result of persistent advocacy by Walter White, the head of the ________
peonage, NAACP
The U.S. Supreme Court interprets the Tenth Amendment as affirming that the federal government does not have inherent ___________________.
police power
What was the U.S. Supreme Court's role during the Progressive Era?
preserving the traditional division of authority between state and federal governments
A ___________________ democracy is a form of government where a small number of public officials in government make and enforce laws on behalf of the majority of citizens who are outside of government.
representative
In the U.S., the areas of exclusive state government authority are referred to as the states' _____________ powers
reserved
The central debate of criminal civil liberties is the attempt to balance what 2 factors?
respecting the rights of suspects & empowering government to deter and punish crimes
The legally-mandated separation of races throughout society is called _______________
segregation
What was the impact of introducing categorical grants?
states now allowed federal government to define and oversee public policy
Organized white terrorist groups also formed to force and intimidate African Americans into accepting a(n) _______________ role in society
subordinate
It was very difficult to enact proposed policies because the Articles of Confederation required a __________________________ of nine states (70%)
supermajority
The constitutionally-protected right to a speedy trial in the 6th Amendment may take several _______
years