Gov ch 4&5

Fifteenth Amendment

1870 constitutional amendment that guaranteed voting rights regardless of race or previous condition of servitude

Espionage Act

A 1917 law that prohibited urging resistance to the draft or distributing anti-war leaflets; by the Supreme Court in Schenck v. U.S.

Dred Scott v. Sanford

A Supreme Court decision that ruled the Missouri Compromise unconstitutional and denied citizenship rights to enslaved African Americans. Dress Scott heightened tensions between the pro slavery south and the abolitionist north in the run up to the civil war

selective incorporation

A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

Miranda v. Arizona

A landmark Supreme Court ruling holding that the Fifth Amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have counsel present.

The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution. . . . We argue that the public's increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual. —Source: Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014. If the Supreme Court overturned Arizona's capital punishment law, then which of the following is the most likely outcome?

All of Arizona's inmates facing lethal injection would have their sentences commuted.

incorporation doctrine

An interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights.

The Supreme Court overturned the constitutionality of separate but equal facilities in

Brown v. Board of Education

Racial discrimination in public accommodations such as restaurants and hotels was banned in

Civil Rights Act of 1964

Due Process Clause

Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals.

The thirteenth amendment effectively invalidated which Supreme Court decision

Dred Scott v. Sandford

The Bill of Rights begins with the words "Congress shall make no law..." telling the reader that the Bill of Rights is intended to protect citizens only from the national government. Yet, most of the provisions of the Bill of Rights now limit the states as well. Which of the following provisions is most relevant in explaining that change?

Due Process Clause of the Fourteenth Amendment

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

Due process clause of the Fourteenth amendment

Cruel and unusual punishment and excessive bail and fine are forbidden by which amendment?

Eighth Amendment

The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution. . . . We argue that the public's increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual. —Source: Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014. The editorial above implies that capital punishment is a violation of which of the following Constitutional amendments?

Eighth and Fourteenth (The Eighth Amendment prohibits cruel and unusual punishment, and the Fourteenth Amendment protects people against racial discrimination. )

Which of the following bars educational institutions that receive federal funds from discriminating against female students?

Equal Rights Amendment

Questions 4-5 refer to the political cartoon below: "I wonder what civil libertarians think of us now" "Pull up their email accounts and let's have a look" The civil liberty referenced in this cartoon is found in which amendment to the Constitution?

Fourth (provides for protection against unreasonable search and seizure.)

The proposed equal rights amendment was proposed by congress but fell three states short of the 38 needed for ratification. If adopted, the ERA would have banned discrimination based upon

Gender

The Supreme Court, in 1925, ruled that the First Amendment applied to the states in

Gitlow v. New York

A standard review in which the court determines whether classifications serve an important governmental objective and are substantially related to serving that objective is known as

Intermediate standard of review

Which of the following is a correct understanding of Martin Luther King's "Letter from a Birmingham Jail"?

It condoned the breaking of unjust laws

What happened when federal troops withdrew from the south in 1877?

Jim Crow laws were passed which segregated the races and, through the Plessy v. Ferguson decision, the Supreme Court established the separate but equal doctrine

substantive due process

Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws.

Questions 4-5 refer to the political cartoon below: "I wonder what civil libertarians think of us now" "Pull up their email accounts and let's have a look" Which of the following policies would a civil libertarian most likely support?

Legalization of physician-assisted suicide (Question 5 Explanation: The correct answer is (C). Civil libertarianism is a political philosophy which emphasizes the supremacy of individual rights and personal freedoms over the authority of the state. It emphasizes civil liberties and civil rights. Proponents typically support free speech, drug legalization, marriage equality, and physician assisted suicide. They oppose government spying and any type of interrogation that could be considered torture.)

Equal Pay Act of 1963

Legislation that requires employers to pay men and women equal pay for equal work

Which 1973 Supreme Court case, in an attempt to redefine obscenity, ruled that local standards might affect the assessment of obscenity?

Miller v. California

The right of citizens to be made aware of their constitutional guarantees against self discrimination and to be represented by counsel was established in

Miranda v arizona

The police knock on Marvin's door to ask him a few questions about a man next door who has been accused of domestic violence. Marvin answers the door. The police see a lit marijuana cigarette and a bag of marijuana inside the house. They then walk in to seize the drugs and notice the house is full of electronics that were recently reported stolen. Which of the following is true?

Neither the marijuana nor the electronics are subject to the exclusionary rule.

The Supreme Court case that dealt with the publication of the pentagon papers was

New York Times v. United States

Fourteenth Amendment

One of three major Amendments enacted after the Civil War, extending "equal protection of the law" to all citizens.

Fourteenth Amendment

One of three major amendments ratified after the Civil war; guarantees all citizens equal protection and due process of the law to all u.s. citizens

Thirteenth Amendment

One of three major amendments ratified after the civil war; specifically bans slavery in the United States

First Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition.

Fifth Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.

Ninth amendment

Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean that others do not exist

Fourth Amendment

Part of the Bill of Rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge among other guarantees.

Sixth Amendment

Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.

Eighth Amendment

Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Civil rights act of 1875

Passed by Congress to enforce the Fourteenth Amendment's guarantees of equal protection to African Americans. Granted equal access to public accommodations among other provisions.

Due process rights

Protections drawn from the Fourth Amendment and the Bill of Rights. Due process may be procedural, ensuring fair treatment, or substantive, protecting fundamental rights.

The strict scrutiny test applies to

Race and ethnicity

Equal Protection Clause

Section of the Fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws."

Rational basis is a

Test that has been applied when a law classifies based on sex, requiring the government to show that there is a compelling reason for the law and no other less restrictive way to meet the interest

The equal rights amendment states "Equality of rights under the law shall not be denied or abridged by the United States or any state on the account of sex" Which of the following is TRUE about the ERA

The ERA fell 3 states short of the three-fourths majority it needed to be ratified

New York Times Co. v. US

The case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. Also called the Pentagon Papers case.

separate but equal doctrine

The central tenet of the Plessy v. Ferguson decision that claimed that separate accommodations for blacks and whites did not violate the Constitution. This doctrine was used by southern states to pass widespread discriminatory legislation at the end of the nineteenth century.

In 1961, the Supreme Court heard a case (Mapp v. Ohio) in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

The due process clause of the Fourteenth Amendment

Tenth Amendment

The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people.

Establishment Clause

The first clause of the First Amendment; it directs the national government not to sanction an official religion.

Bill of rights

The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.

civil rights

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

In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Source: Justia Based on the text, which of the following statements would the author most likely agree with?

The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is "implicit in the concept of ordered liberty"

right to privacy

The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments.

Free Exercise Clause

The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion.

The state of Arizona executed Joseph R. Wood III on Wednesday. For those Americans who, as we do, consider the death penalty to be a dehumanizing punishment unworthy of our advanced society, that sentence should be enough to elicit profound moral discomfort. Then there was the way it happened: Executioners pumped Mr. Wood with a two-drug regimen meant to lull him toward death peacefully and quickly. Instead, he remained alive for nearly two hours, gasping and snorting, as his lawyer frantically appealed to a judge to call off the botched execution. . . . We argue that the public's increasing aversion should be based on concerns about issues deeper than just the method of killing inmates. There are a variety of practical objections: The death penalty is extremely expensive to administer; it is often applied to men with diminished mental capacity or other mental disorders. Racial disparities in death penalty sentencing and too-frequent death-row exonerations demonstrate that the criminal justice system has not applied the ultimate punishment fairly. Then there is the simple fact that this complex, costly and unattractive system is wholly unnecessary to punish even depraved criminals. Any combination of these factors points to the truth that the death penalty in the United States is deeply unwise. It is, as practiced, cruel and unusual. —Source: Why the U.S. Should End the Death Penalty, Washington Post, July 26, 2014. Which amendment could be used to counter the editorial?

The tenth amendment (rights of the states)

At the end of the civil war, as a result of the northern victory, what amendments became part of the constitution?

Thirteenth, Fourteenth, and Fifteenth

Fundamental Freedoms

Those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.

Civil Rights Act of 1964

Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.

The free-exercise clause is most closely associated with

Wisconsin v. Yoder

Civil liberties, the personal guarantees and freedoms that the government cannot abridge by law

are not absolute and must be balanced against other considerations.

The biggest difference between civil rights and civil liberties is that

civil liberties have to do with individual protections while civil rights are protections on the basis of group attributes

The landmark case of Brown v. Board of Education ruled that segregated schools were not acceptable because of the

equal protection clause of the Fourteenth Amendment

The exclusionary rule means

evidence gathered in violation of the Fourth Amendment has not been allowed to be introduced during a trial.

The individual right considered to be the most fundamental of all of the rights in the Bill of rights is

freedom of expression

Nineteenth Amendment

granted women the right to vote in 1920

One area in which African Americans have made substantial progress since the 1960s

is elective office

exclusionary rule

judicially created rule that prohibits police from using illegally seized evidence at trial

Jim Crow Laws

laws enacted by Southern state and local governments to separate white and black people in public and private facilities

A false written statement that defames the character and reputation of an individual is known as

libel

The Supreme Court has ruled that affirmative actions laws

may only count race as a "plus" when hiring job applicants.

The right to privacy is

not specifically mentioned in the Constitution but generally inferred by the Supreme Court through the 9th and 14th amendments.

Affirmative Action

policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group

Which of the following rights is protected by the fifth amendment?

protection against self-incrimination

All of the following concepts are guaranteed to a citizen accused of a crime except

protection from capital punishment

Plessy v. Ferguson

sumpreme court ruled that segregation public places facilities were legal as long as the facilites were equal; Separate but equal

Which of the following forms of expression is protected by the first amendment

symbolic speech

The Supreme Court has ruled that same sex marriage is constitutional under

the equal protection clause of the Fourteenth Amendment.

Civil Liberties

the personal guarantees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation

Gitlow v. New York (1925)

A Supreme Court case that extended the First Amendment's protections of freedom of speech and of the press to the state governments.

Which of the following activities could be prohibited by law based on New York Times Co. v. United States (1971)?

A blogger announces she will publish classified information on a government surveillance program.

Affirmative action refers to

A policy giving special consideration to groups that historically have been disadvantaged

Roe v. Wade

Applied the right to privacy to abortions

Which Supreme Court case upheld the placing of Japanese citizens in intermittent camps during WWII?

Korematsu v. United States

Sedition Laws

Laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials. State sedition laws were overturned as a result of the 1925 Gitlow Supreme Court decision.

Roe v wade ruled that a woman's right to abortion came from the

Right to privacy

Which of the following cases made decisions regarding the establishment of religion?

School district of abington township, pennsylvania v. Schempp

Which of the following amendments has most recently been incorporated?

Second (McDonald v. Chicago, 2010)

Select the following statement that is true

Since Roe v Wade, public opinion on abortion has has not changed dramatically.

Roe v. Wade

The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.

selective incorporation is best defined as which of the following

The constitutional doctrine that applies some, but not all, protections of the bill of rights to the states and to all levels of government

Which of the following statements is reflected in the table?

The equal protection clause of the Fourteenth Amendment

in Engle v. Vitale, the Supreme Court ruled that

The reciting of a state required prayer in public school constituted an impermissible establishment of religion under the first amemdment

Which of the following is the most likely cause of this reduction in the voting gap of African Americans?

The voting rights act of 1965

Which of the following are incorrectly paired?

Thirteenth Amendment -- Right of women to vote

Brown v. Board of Education

U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection.

The right of the government to keep a newspaper from publishing information that would be harmful to the reputation of politicians who led a military conflict

Would be denied as "Prior Restraint"

A clause of the Fourteenth Amendment guarantees all citizens receive "Equal protection under the law." The restraints of equal protection apply to

actions of governments, not private individuals

The police arrest a suspect, who then immediately confesses to the crime before he is read his rights. The admission of guilt is

admissible in court under Miranda v. Arizona (1965)

Affirmative action laws are designed to remedy which kind of discrimination?

de facto

Which of the following provisions is most relevant in explaining the incorporation of the bill of rights against the states

the rights "retained by the people" in the 9th amendment