gov test

Federalist 78 (Hamilton)

Judiciary branch isn't too powerful because it doesn't have the power of the purse or sword; can't tax, enforce laws, or bring the nation to war

If a college's admission policy to reserve twenty seats in its incoming class for applicants belonging to racial minority groups is challenged in the courts, a judge is likely to

strike down the policy because reserving seats amounts to a quota system

examples of a comparison of rights protected and not protected by the first amendment

the right to burn a flag is protected, obscenity is not

when a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?

the supreme court will not hear the appeal

judicial activism

the tendency of judges to interpret the Constitution according to their own views

what is not a check on the power of the federal courts

the voters can oust federal judges in national elections

a nominee for federal judgeships

they are appointed for life by the President with the advice and consent of the Senate

the passing of the voting rights act of 1965 is a significant political event because it

was instrumental in increasing the number of african american and other minority voters

when would the supreme court be most likely to utilize the doctrine of selective incorporation

when an individual claims that a right protected by the bill of rights is infringed upon by a state

how a case gets to the supreme court

writ of certiorari- an order from the supreme court to a lower court to send up the records and case for review rule of 4- 4/9 justices need to grant a cert petition for certiorari- a document which a losing party files with the S.C. asking it to review the decision of a lower court- must raise a constitutional issue or show legal error in lower court

free exercise clause

protects an individuals religious beliefs and reasonable religious practices ex: a person wears a necklace bearing a Christian cross to work

difference between an appellate court and a distrcit court is that an appellate court:

reviews previous court decisions

griswold v. connecticut and roe v. wade are similar supreme courts cases in that both cases are based on the

right of privacy

A person accused of a crime cannot afford an attorney, so the state provides the accused with a public defender. Which of the following amendments in the Bill of Rights best applies in this scenario?

sixth amendment

equal protection clause

"no state shall make or enforce any law which shall... deny to any person within its jurisdiction the equal protection of the laws", all persons

checks on the power of the federal courts

-federal judges can be impeached -Congress can pass a law clarifying legislative intent -Presidents, governors, and local executives can refrain from enforcing court rulings -Congress and the state legislatures can amend the constitution

Brown v. Board of Education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. heavily relied on The equal protection clause. Gave moral capital to the court, but did not initially change things.

Citizens United v. FEC (2010)

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

Which of the following is an example of affirmative action?

A business actively recruits qualified minorities, women, and persons with disabilities in order to be eligible for work with the national government. Equal protection clause. ex: A federal contractor actively recruits underrepresented groups for positions in the company. ex court cases: University of Cali v Bakke eliminated quotas, Gartz v Bollinger, Grutter v Bollinger, Students for admissions v Harvard+UNC = race cannot be taken into consideration

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. 6th amendment incorporated into the states. Right to attorney at trial which led to an increase of public defenders at criminal cases.

Wisconsin v. Yoder

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age 16. Result: This law conflicts with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves. It balanced the state's interest in compulsory education with the students' free exercise rights. Deals with strict scrutiny

which branch is empowered to create new federal courts and specify the number of judges who will sit on them, and pass legislation already passed by the house that would limit the impact of the supreme court's recent rulings

Congress

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court. The supreme court assumed the power to decide on the constitutionality of a law or an executive action

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

establishment clause

prohibits the federal govt. from promoting religion or creating a national religion

Schenck v. United States (1919)

Speech creating a "clear and present danger" is not protected by the First Amendment

Tinker v. Des Moines (1969)

Students in an Iowa school were suspended for wearing black armbands to protest the Vietnam war. Ruled that this suspension was unconstitutional, and that public school students do not "shed their constitutional rights at the schoolhouse door." Freedom of speech for students

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. Selective incorporation: The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

McColloch v. Maryland (1819)

The Court ruled that Congress had the power to establish a National Bank and that Maryland didn't have the power to tax the Bank. Chief Justice Marshall argued that States did not remain ultimately sovereign because they ratified the Constitution and only the people were sovereign. Congress has the power to establish an institution. This case was the first time the Supreme Court exercised its full authority; IMPORTANT BECAUSE CONGRESS CAN USE THE NECESSARY AND PROPER CLAUSE.

a major difference between the issue of shield laws and the issue of prior restraint

The Supreme Court has ruled that the First Amendment protects against prior restraint by the government. However, protections for journalists and their sources are not as strong, as evidenced by the many states with weak or no shield laws.

NY Times v. US (1971)

The court upheld the First Amendment/Freedom of the Press rights of the New York Times and Washington Post to print the Pentagon Papers, without risk of government censorship or punishment. Shield laws.

the Supreme Court's interpretation of a right to privacy?

The court's interpretation of a right to privacy has been the subject of controversy.

stare decisis

let the decision stand; decisions are based on precedents from previous cases

While a right to privacy is not explicitly named in the Constitution, what clause has the court used to protect this right from state infringement?

The due process clause of the Fourteenth Amendment

the clear and present danger test devised by the supreme curt was designed to define the conditions under which public authorities could

limit free speech

difference between grand and petit jury

The petit jury listens to evidence offered during a trial and returns a verdict. A verdict in a civil case may be a finding for the plaintiff or for the defendant. A verdict in a criminal case finds the defendant guilty or not guilty. Grand Jury: A grand jury hears only criminal matters.

amicus curiae

a brief submitted by a "friend of the court"

example of an individuals fifth amendment rights?

after arrest, a suspect is informed of the right to remain silent during interrogation

Engel v. Vitale (1962)

arose from a state law that mandates public schools to begin the school day with the reading of a nondenominational prayer by a school official. addressed the issue of a mandatory school prayer.

what will the supreme court do with respect to disputes between congress and the president?

avoid deciding conflicts between congress and the president

Baker v. Carr (1962)

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

what scenario best explains how the equal protection clause of the fourteenth amendment has influenced political behavior?

civil rights leader MLK Jr. cited constitutional arguments as a basis for opposing segregation and inequality

Students at a public university hold a peaceful protest to demonstrate against an increase in the cost of college tuition. Which of the following constitutional protections best applies to this scenario? Responses

first amendment

interest groups are protected under the constitution by the

first amendment

The police searched a suspect's smartphone without getting a warrant and found photo evidence of criminal activity. After a thorough investigation, the suspect was charged and the evidence obtained from the smartphone was used in the trial. Which of the following amendments contains the Bill of Rights protections that were most likely violated in this scenario?

fourth amendment

jim crow laws were outlawed by the

passage of the 1964 Civil Rights Act