POLS Exam 1

- "The states of being free from intrusion or disturbance in one's privates life or affairs." - not stated explicitly anywhere in the US institution - rather, this right is implied by various amendments

privacy

Constitutionally guaranteed civil liberties exist to protect Americans from what?

Arbitrary government interference against citizens, opnions, and property

Full Faith and Credit Clause

Article IV

Proposal: - 2/3 of both chambers of congress must agree OR 2/3 of state legislatures request a conversation Ratification - 3/4 vote of all state legislatures (38 states) OR 3/4 vote in special conventions

Article V

- supremacy clause - Federal government to pay off debts for Revolutionary War - No religious test for those holding public office

Article VI

- ratification - Constitution effective upon ratification by 9/13 states and only in those states that had ratified it

Article VIII

Emphasizes preserving tradition

Conservatism

Opponents of intelligent design claim that the theory is another form of ____.

Creationism

Which constitutional rights safeguard those accused of crimes and constrain government investigations, trails, and punishments?

Criminal due process rights

passed in 1766 states that parliament could do whatever it wanted in an effort to control he colonists

Declaratory Act

Everyone votes on all applicable laws

Democracy

In a ___ democracy, which may take place through town meetings, citizens decide policy without elected representatives

Direct

The act of being tried again for the same crime after being cleared of it in court is known as ______.

Double Jeopardy

The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedure are known as ____ process protections

Due

The concept of _________ refers to the legal safeguards the prevent the government from arbitrary depriving citizens of their constitutionally protected rights

Due Process

5th Amendment

Due process for the accused; eminent domain restrictions

True or false: Freedom of speech include spoken or written language but not symbolic actions such as picketing or wearing armband to signify a protest.

False

The Bill of Rights initially applied only to which level of government?

Federal

What system exists to protect the civil Liberties of American citizens?

Federal Courts

Speech that inflicts injury or results in public disorder is known as _____

Fighting

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

The ____ clause prohibited the government from taking hostile action toward individuals' practice of their religion

Free exercise

What two values are in conflict because of the liberties ensured by the Bill of Rights

Freedom and order

4th Amendment

Freedom from unreasonable searchers and seizures

The Court's dance on freedom of assembly cases is often analogous with its stance in:

Freedom of speech cases

1st Amendment

Freedom of speech, press, assembly, freedom of religion, freedom to petition the government

"Organization extending to the whole of society that can legitimately use force to carry out its decisions." - Dye,2001

Government

An ancient right that protects an individual in custody from being held without the right to be heard in a court of law is known as:

Habeas Corpus

The shat=ring of contrasting, even radical or loathsome, information is known as the marketplace of _____.

Ideas

Why has the Supreme Court placed restrictions upon the freedom of assemble?

In order to preserve order and public safety

In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?

The freedom of religion

The theory that the 14th amendment's due Process clause requires states to uphold freedoms guaranteed in the Bill of Rights

Total incorporation

What does the Fifth Amendment prohibit?

double jeopardy compelled self-incrimination

The imminent lawless action test is also called the:

incitement test Brandenburg test

How is the population of American changing?

it is becoming older it is becoming more ethnically diverse it grew rapidly in the twentieth century

Which of the following constitutional amendments establish formal rules for conducting a trial?

- 5th - 6th

The second amendment protects and supports:

- A well-regulated militia - the right to keep and bear arms

Griswold v. Connecticut

- CT law prohibited the use of contraceptives - Enforcement of law - government knew about couple's intimate lives

Hat are the considerations of the Lemon test for assessing a government program's relationship with religious institutions?

- Does the state program have a secular purpose? - Does the program have its principle effect the advancement of religion? - Does the program create excessive entanglement between church and state?

Which arguments relate to the controversy surrounding the Second Amendment?

- Easy access to firearms is threat to public safety - Gun ownership creates a free and safe society

The First Amendment freedoms that support civic discourse include which freedoms?

- Freedom of the press - speech - assembly

Which freedoms encourage community and civic engagement?

- the freedom of privacy - the freedom of religion - the freedom of criminal due process

Which of the following are examples of socialization of new generations?

- Libraries - participating in civic life - police officers visiting an elementary school - funding for schools

Eisenstaedt v. Baird

- MA banned the scale of contraceptives - Now, the government tries to influence what happens in private life

Roe v. Wade

- Norma mcCorvey, a Dallas woman, sought abortion - Texas prohibited abortions, unless mother's life was in danger - defendant was Henry wade

Who wrote the declaration of independence

- Thomas Jefferson - Benjamin Franklin - roger Sherman - john Adams - Robert Livingston

Shay's Rebellion

- an indebted revolutionary war veteran led an insurrection against foreclosures in western Massachusetts - MA asks for help form the other states; only VA steps up - Future of the country was at stake

Since 9/11, that has been an increase in perceived intrusions on what?

- assembly - free speech

Based on their experiences with the British, what types of government action did the framers of the constitution seek to protect citizens against?

- censorship - limitations of speech - confiscation of property

Currently central issues of concern in American politics?

- economic equality - threat of international terrorism - health care reforms

What principles are important to the First Amendment freedom of the press?

- ensuring that the gov remains accountable to its citizens by exposing possible wrongdoing - allowing citizens to hear competing ideas about public issues

The Bill of Rights limits the power of which branches of the national government?

- executive - legislative - judicial

Over time the Supreme Court has distinguished between which two types of political expression?

- expression that the government limits or even prohibits - expression that the first amendment protects

Government

- extending to the whole of society - legitimate use of force

Federalists

- favored a strong, central government and a radical departure from the Articles of confederation - often wealthy attorneys or merchants

Which of the following are essential in order to effectively engage in political life?

- freedom to congregate - freedom of speech

Civil Rights protect against discrimination against:

- gender/gender identity or sexual orientation - pregnancy - age - disability - religion - veteran status - national origin/ethnicity

Where is the right to privacy found in the US Constitution?

- interpretations of the 4th - interpretations of the 5th

What function does the bill of rights serve?

- it establishes freedoms essential to community participation - it limits the arbitrary exercise of gov power

What benefits do politically engaged people experience?

- knowledgeable about public issues - actively communicate with policy makers - self-interest and the interest of others - hold public officials accountable - they get what they need from the government more frequently

Pro-Life Movement

- mission statement for the national right to life committee - Goals include: reduce the # of abortions, raise awareness, generate sympathetic public opinion

The U.S. Constitution, through the Bill of Rights, and state constitutions explicitly recognize and protect civil liberties, including freedom:

- of assembly - of the press - of speech

Planned Parenthood v. Casey

- prohibition of "undue burdens" - "the purpose or effect of placing a substantial obstacle in the path of a women seeking an abortion before the fetus attains viability"

Virginia Plan

- proposed by James Madison - favored a strong central gov - congress would be bicameral with states being assigned representative on the basis of population

The primary functions of a government include:

- providing a wide variety of services to citizens - establishing and maintaining a legal system - raising and spending money to support money to support the services it provides

Webster v. Reproductive Health Services

- public funding of abortions - public employees/facilities from participating in abortion - exceptions if the abortion was necessary to save the mother's life - Supreme Court ruled in favor of Missouri

Which of the following types of speech are protected under the first amendment?

- pure speech - symbolic Speech

Texas Abortion Bill

- requires abortion providers to obtain admitting privileges at a nearby hospital - requires abortions to occur in ambulatory surgical centers - prohibits most abortions after 20-22 weeks

What are some 6th amendment protections?

- right to a speedy trial - right to a trial by a jury - right to counsel

Which of the following levels of government does the Bill of Rights apply to today?

- state - federal

The constitution came up with 2 different types of laws

- statutory - constitutional

Anti-Federalists

- supported a smaller, local gov (more closely resembling the articles of confed) - Feared that a large gov could trample upon individual rights - most owned small farms

Which of the following are established protections according to Miranda v. Arizona?

- the right to remain silent - the right to an attorney

Why should you learn how to be engaged in politics?

- thoughtful, committed citizens can change the world - you will understand the process of civic engagement - you will contribute to society

Why is it important for a government to provide national defense?

- to ensure that other nations do not violate establishment borders - to protect the lives of citizens

What are the primary priorities of government functions?

- to preserve order and stability in the event of national or human-made disasters - to socialize new generations to the prevailing national culture - to protect a country's sovereign territory and its citizenry

The following illustrate reasons why it is important to study the American government:

- understanding new changes to the American political system is crucial to participating in government - understanding the way the government functions allows you to better advocate for your own self-interests

The Federalists Papers

- written by James Madison, Alexander Hamilton and John Jay - sent to newspapers in NY

Rank the Supreme Court standards for restricting speech from oldest to newest

1. Clear and present danger test 2. The bad tendency test 3. The clear and probable danger test 4. The imminent lawless action test

Rank the following interpretations of the establishment clause from most strict to most flexible:

1. Separation 2. Neutrality 3. Accommodation

Which of the following amendments contribute to ensuring criminal due process?

4th 5th 6th 6th

Protection against cruel and unusual punishment is contained in the:

8th Amendment

The government needs to establish and maintain a legal system to _____.

Administer Justice

Which of the following elements found in the US Constitution enunciates individual liberties?

Bill of Rights

What does the vague language including in the Bill of Right allow?

Broad Interpretations

True democracy ___ when the government controls the press

Cannot survive

Why is freedom of speech important to the democraic process?

Citizens must be able to: - Publicly criticize their government - Share information and ideas

The action it activity must address a public concern

Civic engagement activities

The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as _______.

Civil Liberties

"The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals."

Civil Rights

______ reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions

Civil Rights

An advertising statement is known as ____.

Commercial Speech

"A Government in which independent states unite for a common purpose, but retain their own sovereignty." - Barbour and Wright

Confederation

The ______ clause of the 1st amendment requires government neutrality toward religious institutions

Establishment

Pro-Choice Movement

Establishment Positions: - abortion is a medical procedures; as such, a women's right to choose must always be protected

True or False: All forms of speech are protected under the US Constitution

False

Civil Libertarians are more likely to make which of the following arguments in the wake of 9/11?

Increased security measures might violate individual freedoms and rights

The Supreme Court ruled that the constitution protects two types of freedom of association, including ____ associations, which are close human relationships maintained as a part of an individual's personal liberty

Intimate

False written statements about others that harm their reputation are known as ___.

Libel

Advocates for change

Liberalism

Believes government should intervene as little as possible

Libertarianism

When governments curtail liberties, they usually do so in the name of:

National security

- favored by smaller states, because they were afraid that their interests could be overlooked by larger states. - congress would be unicameral with each state receiving two representatives regardless of the population - also contained the supremacy clause

New Jersey Plan

8th Amendment

No cruel and unusual punishment

3rd Amendment

No quartering of soldiers

Indecent or offensive speech or expression that is not protected under the First Amendment is know as ____.

Obscenity

What type of speech is unlikely to be limited or prohibited?

Political Speech

What type of speech is unlikely to be limited or prohibited?

Political speech

The process of deciding who benefits in society and who does not

Politics

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

Prior

The right of the individual to be left alone to make decisions freely is known as the right to ______.

Privacy

Which of the following scenarios would most likely qualify as libel or slander?

Publicly made defamatory statements with fault

Spoken words communicating ideas, opinions, or information

Pure Speech

According to the establishment clause, the government is require to:

Remain neutral toward wall religious institutions

The people vote on representative who will vote on laws on their behalf

Republic

10th Amendment

Reserved powers (powers not explicitly granted to the national government) for the states

2nd Amendment

Right to bear arms

7th Amendment

Right to trial by jury in civil suits

The Supreme courts decision that determined the right to privacy extended to include abortion is:

Roe v. Wade

Tx abortion law violated the right to privacy (due process clause) 14th amendment

Roe v. Wade ruling

The process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states

Selective incorporation

The establishment clause is often interpreted as a ____.

Separation of church and state

False verbal statements about others are known as ___.

Slander

Stresses economic equality

Socialism

6ht Amendment

Speedy, public trial by jury. No double jeopardy

What did the Supreme Court decide in the 1925 case Gitlow v. New York?

States were required to protect freedom of speech as a fundamental liberty

Deals with day to day laws, policies, etc.

Statutory laws

Sugar, Stamp, and Townshend Acts - passed in the 1760s - affixed tariffs on imported items like sugar, ink, and tea

Sugar, Stamp, and Townshend Acts

During WW1, the Supreme Court was more willing to ____ political speech that opposed the war effort

Suppress

Non-verbal communication such as picketing r wearing an arm band to signify protest

Symbolic Speech

Which of the following acts of legislation legalized the surveillance of communications without a warrant or court order obtained by theUS government?

The Protect America Act

The government can restrict any speech that has the potential to incite crime or threaten the peace

The bad tendency test

The government can restrict any speech that poses a threat that the gov., has the ability to prevent

The clear and present danger test

The government can restrict any speech that poses a threat that the government has the ability to prevent.

The clear and present danger test

The government can restrict any speech to avoid a threat of grave danger, line an armed takeover of the U.S.

The clear and probable danger test

How did the Supreme Court rule in the 1990 case employment division, department of Human Resources v. Smith?

The court argued that two employees broke the law

How did the Supreme Court rule in US v. O'Brien?

The court upheld the punishment

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Which first amendment clause is interpreted as defining the relationship between church and state?

The establishment clause

What had prompted the movement for a safer nation?

The numerous mass shootings

Which of the following 5th amendment protections, if any, have not been incorporated as a protection by the Supreme Court?

The right to grand jury indictment

The law passed by congress soon after the 9/11 attacks that allow the FBI and other intelligence agencies to access personal information and records without content from targeted individuals is known as the ____.

USA Patriot Act

"System of government where the local and regional government derive all authority from a strong national government" -O'Connor

Unitary System

- spousal notice - no longer a law - informed consent - parental notification/consent - 24 hours waiting period - reporting requirements by abortion providers

abortion laws in casey