POLS EXAM 2

14th

Which amendment provides the most substantial grounding for modern civil rights legislation?

b. Fourteenth Amendment

Which amendment was most responsible for selective incorporation, in which some Bill of Rights protections were applied to the states? a. Seventeenth Amendment b. Fourteenth Amendment c. Tenth Amendment d. Nineteenth Amendment

a. First Amendment b. Second Amendment e. Eighth Amendment

Which of the following amendments have been selectively incorporated to the states using the Fourteenth Amendment? (SATA) a. First Amendment b. Second Amendment c. Seventh Amendment d. Tenth Amendment e. Eighth Amendment

b. with the adoption of the Fourteenth Amendment in 1868

Which of the following could be described as a Jim Crow law? a. a law forcing Black people and White people to ride in separate train cars b. a law criminalizing interracial marriage c. a law requiring Black students and White students to attend different schools d. a law segregating all public accommodations, such as hotels, restaurants, and theaters e. All of the above are examples of Jim Crow laws.

e. protection against the taking of private property for a public use without just compensation

Which of the following provisions of the Bill of Rights was the first to be incorporated and applied to the states? a. the right to counsel in any criminal trial b. the right against self-incrimination c. freedom from unnecessary searches and seizures d. freedom to petition the government for redress of grievances e. protection against the taking of private property for a public use without just compensation

a. right to trial by jury in the state where a crime was committed c. right of habeas corpus

Which of the following rights appeared in the original text of the Constitution, before the addition of the Bill of Rights? (SATA) a. right to trial by jury in the state where a crime was committed b. right to protection against unreasonable searches c. right of habeas corpus d. right to petition the government

14th Amendment

guaranteed equal protection of the laws

Fourteenth

Although the language of the _________ Amendment seems to indicate that the protections of the Bill of Rights apply to state governments as well as to the national government, for the remainder of the nineteenth century the Supreme Court (with only one exception) made decisions as if the Fourteenth Amendment had never been adopted.

selectively incorporated

As of 1961, only the First Amendment and one clause of the Fifth Amendment had been _______ ________ into the Fourteenth Amendment. After 1961, however, most of the provisions of the Bill of Rights were gradually incorporated into the Fourteenth Amendment and applied to the states.

a. the national government only.

From 1791 until the end of the nineteenth century, the Bill of Rights was interpreted to put limits on a. the national government only. b. the state governments only. c. both the national and state governments. d.neither the national nor state governments. e. political parties and interest groups.

b. selective incorporation.

From 1791 until the end of the nineteenth century, the Bill of Rights was interpreted to put limits on a. the national government only. b. the state governments only. c. both the national and state governments. d.neither the national nor state governments. e. political parties and interest groups.

1833

In ____, the Supreme Court found that the Bill of Rights limited only the national government and not state governments.

Jim Crow laws

Laws enacted by southern states following Reconstruction that discriminated against African Americans. (143)

a. Palko v. Connecticut

Selective incorporation was established in which Supreme Court case? a. Palko v. Connecticut b. Malloy v. Hogan c. Mapp v. Ohio d. Robinson v. California

F

The Bill of Rights describes the civil rights afforded to all Americans. T/F?

4th; 5th; 6th

The Bill of Rights extends a wide array of protections to individuals. Match the relevant amendment(s) to the examples. (4th, 5th, 6th) ________: A state law requiring law enforcement officers to conduct a blood test of all drivers involved in a fatal motor vehicle accident was overturned. ________: A used car lot is seized for expansion of a highway _________: The Supreme Court overturned the conviction of a Louisiana man serving a sentence of life in prison based on a nonunanimous jury decision.

T

The Bill of Rights had a limited reach prior to the twentieth century because most rights only applied to the national government and not state governments. T/F?

discrimination; civil rights; equal protection

The Struggle for Civil Rights: History - _____________: The use of any unreasonable and unjust criterion of exclusion. - Under the 14th Amendment (1868), ______ ______ became part of the Constitution - ________ ________ clause

Bill of Rights

The _______ __ ________, generally considered to be the first 10 amendments to the Constitution, is made up of provisions that protect citizens from improper government action.

Reconstruction; Jim Crow

The end of ___________ - Compromise of 1877: Southern delegates allow Republican candidate Rutherford B. Hayes to become president - In exchange, federal troops left the South - _________ ____ laws

selective incorporation

The process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments. (104)

b. selective incorporation.

The process by which some of the liberties in the Bill of Rights were applied to the states is known as a. preemption. b. selective incorporation. c. habeas corpus. d. ratification. e. establishment.

national; both

(national/state/both?) The Bill of Rights initially applied to the _______ government(s), whereas today the Bill of Rights applies to ________ government(s).

states

- Until 1961, only the 1st Amendment and one clause of the 5th Amendment had been incorporated into the 14th Amendment. - After 1961, most of the important provisions of the Bill of Rights were incorporated into the Fourteenth Amendment and applied to the _____.

selective incorporation

1937: Palko v. Connecticut - Established the principle of ___________ ______________ - Provisions of the Bill of Rights could be selectively applied as limits on the states through the 14th Amendment.

Free Exercise

1st Amendment: _______ _______ Clause - The Supreme Court distinguishes between religious beliefs and actions. - Prohibits religious discrimination by public or private entities. - Burwell v. Hobby Lobby Stores (2014); Holt v. Hobbs (2015)

litigation

African Americans' Rights - The Jim Crow system provoked organized efforts against it. - National Associate for the Advancement of Colored People ( NAACP) - Relied on political pressure and ___________.

expanded; Jim Crow laws; southern

After the Civil War, three amendments to the Constitution _________ civil rights for African Americans. Once Reconstruction ended, however, ___ ________ ___ severely restricted the rights of African Americans, with ________ states taking the lead in segregating many public facilities.

Alexander Hamilton

Despite the insistence of __________ __________ that a bill of rights was both unnecessary and dangerous, adding a list of explicit rights was the most important item of business for the First Congress in 1789.

a. Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. d. Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights.

Which of the following were among Alexander Hamilton's arguments concerning the Bill of Rights? (SATA) a. Hamilton argued that a bill of rights would be irrelevant because the national government had only delegated powers. b. Hamilton argued that the Constitution would not be able to be ratified with a bill of rights. c. Hamilton argued that a bill of rights was a necessary limit on the federal government and that the Constitution should not be ratified without one. d. Hamilton argued that the Constitution already contained provisions that amounted to a bill of rights.

c. Antifederalists demanded it for ratification of the Constitution.

Why was a bill of rights added to the Constitution? a. State constitutions at the time did not protect civil liberties. b. Federalists were worried about the government abusing power. c. Antifederalists demanded it for ratification of the Constitution. d. The Articles of Confederation had civil liberties protections, and these were generally popular.

1st

___ Amendment: Establishment Clause Different interpretations: - Prevents the establishment of an official church. - Government cannot favor one religion over another.

_________ argued - A bill of rights would be irrelevant to a national government that was given only delegated powers in the first place. - Constitution itself amounted to a bill of rights

_________ argued - A bill of rights would be irrelevant to a national government that was given only delegated powers in the first place. - Constitution itself amounted to a bill of rights