American Government Exam 3
Fourth, Fifth, Sixth, and Eighth
"Due process of law" is generally defined by the ________ amendments.
certiorari
A decision of at least four of the nine justices to review a decision from a lower court is known as a writ of
amicus curiae
A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n)________ brief
the government must show a legal cause for holding someone in detention
A writ of habeas corpus declares that
concurring opinion
A written opinion by a justice agreeing with the majority opinion but giving different reasons for his or her decision is known as a(n)
prior restraint
An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way is known as
restricted its school desegregation and busing rulings to apply only to cities found guilty of deliberate and de jure racial segregation
Between 1971 and 1974, the Supreme Court
the Supreme Court ruled it is a form of symbolic speech protected by the First Amendment
Burning the American flag in protest is not unconstitutional because
may be heard in either the federal or the state courts, usually depending on the preference of the plaintiff
Civil cases involving the citizens of more than one state and in which more than $75,000 is at stake
geography
Congress has assigned federal court jurisdictions on the basis of
Antifederalists
During the founding era, ________ were the strongest supporters of adding a bill of rights to the Constitution
of legal counsel to anyone accused of a crime
Gideon v. Wainwright (1963) established the right
a constitutional right to privacy
Griswold v. Connecticut (1965) and Roe v. Wade (1973) have been extremely important in the development of
It reinforced the institution of slavery and denied the rights of citizenship to all Black Americans, either free or enslaved
How did the Dred Scott v. Sanford decision help to precipitate the Civil War?
It ruled that freedom of speech was a fundamental right and liberty and according to the Fourteenth Amendment, states cannot deny any person of life, liberty, or property
How did the Supreme Court extend freedom of speech to protect against acts of state governments in 1925?
Justices don't have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases
How did the framers of the U.S. Constitution seek to insulate the federal judiciary from political pressures?
Civil liberties only apply to the national government, while civil rights are more expansive, applying to both the national and state governments
How do civil liberties differ from civil rights?
The U.S. Congress sets the number of Supreme Court justices
How is the membership of the U.S. Supreme Court determined?
9
How many justices currently serve on the Supreme Court?
the government can directly give money to political campaigns, but that it cannot require candidates to forego private fundraising if they choose the subsidy instead
In Buckley v. Valeo (1976), the Supreme Court ruled that
oral argument
In ________, an attorney for each side appears before the Supreme Court to present her client's position and answer the justices' questions
5 Justices must agree to in order to review the case
In order for the Supreme Court to decide to grant certiorari
four justices must vote in favor of certiorari
In order for the Supreme Court to decide to grant certiorari
as long as speech falls short of actually inciting action, it cannot be prohibited, even if it is hostile to or subversive of the government and its policies
In the 1969 case of Brandenburg v. Ohio, the Supreme Court ruled that
criminal
In what type of law is the government always the plaintiff?
led Congress to pass a new law giving workers expanded rights to sue in discrimination cases
Ledbetter v. Goodyear Tire and Rubber Co. (2007) was significant because it
de jure
Legally enforced segregation in public schools is a form of ________ discrimination
applied the Second Amendment to state governments
McDonald v. Chicago (2010) was significant because it
in state courts
More than 97 percent of court cases in the United States are heard
writ of certiorari
Most cases reach the Supreme Court through
newspaper had to print false and malicious material deliberately in order to be guilty of libel
New York Times v. Sullivan (1964) was significant because the justices ruled that
the nominee must be confirmed by a majority vote in the full Senate
Once the president has formally nominated an individual for a federal judgeship,
capitalize on inconsistent rulings across the circuits
One of the most effective strategies in getting a case accepted for review by the Supreme Court is to
precedents
Prior cases whose principles are used by judges to decide current cases are called
political speech according to the Court's ruling in Citizens United v. Federal Elections Commission
Suppose a corporation spent millions of dollars on advertising for a candidate's presidential campaign. The corporation's actions are
court of appeals; supreme court
Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at the ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the ________
establishment
The "wall of separation" between church and state is best found in which clause of the Constitution?
African American men the right to vote
The Fifteenth Amendment to the Constitution guarantees
unreasonable searches and seizures
The Fourth Amendment protects citizens against
Rosa Parks
The Montgomery bus boycott began after ________ refused to give up her seat for a White man.
the right to bear arms
The Second Amendment to the U.S. Constitution deals with
Mapp v. Ohio (1961)
The Supreme Court applied exclusionary rule to all levels of government in which case?
such words are not part of the essential exposition of ideas
The Supreme Court has not given full protection to fighting words because
District of Columbia v. Heller
The Supreme Court ruled that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense in
virtually all "hate speech" is constitutionally protected
The Supreme Court's decision in R.A.V. v. City of St. Paul (1992) suggests that
abolished poll tax
The Twenty-Fourth Amendment to the Constitution
Supremacy Clause
The _____ is in Article VI of the Constitution, stating that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
solicitor general
The _____ is the top government lawyer in all cases before the U.S. Supreme Court where the government is a party
first
The ________ Amendment is the only amendment in the Bill of Rights that explicitly addresses itself to the national government.
free exercise
The ________ clause of the First Amendment protects an individual's right to believe and practice whatever religion he or she chooses.
exclusionary
The ________ rule forbids the introduction in trial of any piece of evidence that has been obtained illegally
the supremacy clause
The clause of the United States Constitution which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or subdivision is the
Fourteenth
The constitutional basis for the nationalization of the Bill of Rights is the ________ Amendment
stare decisis
The doctrine of ________ requires courts to follow authoritative prior decisions when ruling
the equal protection clause of the Fourteenth Amendment does not actually require that government treat everyone equally
The fact that states set a minimum age for driving automobiles and consuming alcohol illustrates that
trial
The first court to hear a criminal case involving a violation of state law is called a(n) ________ court
Fifth Amendment's prohibition on states from taking private property for public use without just compensation
The first provision of the Bill of Rights to be "incorporated" into the Fourteenth Amendment as a limitation on state power was the
strict scrutiny
The judicial doctrine that places a heavy burden of proof on the government when it seeks to regulate speech is called
judicial review
The power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional is called
majority vote
The private meeting where justices discuss a case and eventually reach a decision on the basis of a majority vote is referred to as the
Miranda
The requirement that a person under arrest be informed of his or her right to remain silent is known as the ________ rights
standing
The right of an individual or organization to initiate a court case, based on having a substantial stake in the outcome is known as
sixth
The right to legal counsel in a criminal proceeding is guaranteed by the ________ Amendment.
fifth
The right to remain silent is guaranteed by the ________ Amendment
free speech
The rights to assembly and petition are guaranteed by the same amendment that guarantees
established the separate but equal rule
The ruling in Plessy v. Ferguson (1896)
jurisdiction
The sphere of a court's power and authority refers to
"nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The text of the Fourteenth Amendment states
opinion
The written explanation of the Supreme Court's decision in a particular case is known as the
judicial review
Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional
university athletic programs
Title IX of the 1972 Education Act has had a major effect on
was a valuable tool for the women's movement in the 1960s and 1970s because it prohibited gender discrimination
Title VII of the 1964 Civil Rights Act
That there is no excessive entanglement between church and state
Under what circumstances did the Supreme Court rule government may support religion in Lemon v. Kurtzman (1971)?
guarantees of equal opportunity and protection through obligations imposed on government to protect individuals
What are civil rights?
It barred literacy and other tests for voting, set criminal penalties for interference with efforts to vote, and required counties with histories of voter discrimination to seek "preclearance" approval from the federal government before changing their voting laws and procedures
What did the 1965 Voting Rights Act do?
It ended segregation in public spaces and prohibited discrimination on the basis of race, gender, religion, sex, and national origin
What did the Civil Rights Act of 1964 do?
It guaranteed equal protection and due process
What did the Fourteenth Amendment do?
enslaved people were not citizens of the U.S. so they could not expect protection from the federal government or court
What did the Supreme Court rule in Dred Scott v. Sanford?
abolished slavery
What did the Thirteenth Amendment do?
Unconstitutional; Even if the segregated schools were "separate but equal" in standards.
What did the U.S. Supreme Court rule in Brown v. Board of Education (1954)?
a court order demanding that an individual in custody be brought into court and shown the cause for detention
What does habeas corpus refer to?
cruel and unusual punishment
What does the Eighth Amendment prohibit?
It refers to speech protected by the First Amendment because it is accompanied by picketing or other demonstrations
What is "speech plus?"
a test used by the Supreme Court that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional
What is strict scrutiny?
first 10 amendments to the U.S. Constitution
What is the Bill of Rights?
Libel refers to written statements, while slander refers to oral statements.
What is the main difference between libel and slander?
selective incorporation
What is the process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against state actions?
Guilt must be proven "beyond a reasonable doubt"
What is the standard for determining guilt in criminal cases?
briefs
What is the term for written documents in which attorneys explain, using case precedents, why the courts should find in favor of their clients
used the federal courts to challenge the helpless and residential segregation
What strategy did the NAACP take in challenging the "separate but equal" rule?
appellate jurisdiction
What term describes the authority to hear appeals of a lower court's decisions?
1st women's rights convention in the U.S.
What was the Seneca Falls Convention?
the end of legalized racial segregation in the U.S. schools
What was the immediate effect of the Brown v. Board of Education decision on racial segregation?
laws enacted by southern states following Reconstruction that discriminated against Black Americans
What were Jim Crow laws?
the trial court made a legal error in deciding the case
When filing an appeal, an appellant usually must show
select justices who share their political philosophies
When nominating justices to the Supreme Court, presidents make an effort to
de facto
When racial segregation in schools is the result of hundreds of thousands of housing choices made by individuals and families rather than the result of law, it is referred to as
the equal protection clause
Which clause found in the Constitution is the basis of civil rights for Black Americans, women, and other marginalized groups?
Loving v. Virginia
Which court case made interracial marriage legal in all states?
The Bill of Rights limits the national government but not state governments
Which of the following best describes the Supreme Court's first ruling on the nationalization of the Bill of Rights in 1833?
assist federal judges by researching legal issues and helping prepare opinions
Which of the following best describes the job of a law clerk who works in a federal court
Advertisements do not have full First Amendment protection
Which of the following best reflects the Supreme Court's position on commercial speech?
a case involving the state of New York suing the state of New Hampshire over state highway maintenance
Which of the following cases would always be heard in federal court?
political speech that does not incite violence
Which of the following forms of speech receives the greatest level of First Amendment protection?
freedom of speech
Which of the following is an example of a civil liberty stated in the U.S. Constitution?
the right of every individual against arbitrary action by national or state governments
Which of the following is the best definition of due process of law?
A state requires voter to take a test to prove they can read and write in order to vote
Which of the following state actions would conflict with the Voting Rights Act of 1965?
Freedom of speech and of the press is fundamental for democracy as the free exchange of ideas and dissemination of information is crucial for citizens to exercise popular control of government
Which of the following statements about freedom of speech and of the press is true?
It is found in the Fourteenth Amendment and ensures that all citizens must be treated equally by the law
Which of the following statements about the equal protection clause is true?
jurisdiction
Which term describes the authority of a court that initially considers a case
believed it was unnecessary for a government that possessed only specifically delegated powers
Why did Alexander Hamilton oppose a bill of rights?
established judicial review (the power of the federal courts to declare legislative and executive acts unconstitutional)
Why is Marbury v. Madison (1803) an important case?
It established the principle of selective incorporation for the Bill of Rights
Why is Palko v. Connecticut (1937) a significant case?
Prior to incorporation of the Bill of Rights, these liberties and rights were not extended to state governments, which could make many laws directly impacting the lives of citizens, limiting the Bill of Rights.
Why is selective incorporation significant?
It is important that the party bringing a claim demonstrate that they have a right to challenge the conduct of another party in court
Why is standing important?
19th
Women were guaranteed the right to vote with the passage of the ________ Amendment in 1920
double jeopardy
_______ prevents people from being tried twice for the same crime
Civil liberties
________ are aspects of personal freedom constitutionally protected from government interference.
Dissenting opinion
________ are used to express opposition to a Supreme Court outcome or to signal to the losing side that some members of the Court support its position.
U.S. Supreme Court
________ is the only federal court established by the Constitution