GOVT Ch. 4-5
If the "Daily Gossip" publishes something about a person that is untrue, with the intent of injuring that person's reputation, and actual harm results, the "Daily Gossip" has engaged in ________
slander
In Lawrence v. Texas (2003), the Supreme Court ruled that ________
sodomy laws violate the 14th Amendment's due process clause
The first amendment to the constitution ____
states that "Congress shall make no law..... abridging the freedom of speech"
If a law or other governmental action limits a fundamental right, it will be held to violate ________ due process, unless it promotes a compelling or overriding state interest
substantive
Feminism is best defined as _______
the doctrine advocating full political, economic, and social equality for women
_______ appointed the first woman to a cabinet post
Franklin D. Roosevelt Frances Perkins
The right to bear arms described in the Second Amendment was incorporated in ______
2010
By 2050, Latinos are expected to constitute about ______ of the U.S. population
30%
Under the USA Patriot Act of 2001, the FBI is authorized to use ____________ to demand personal information about individuals from private companies such as banks and phone companies
"National Security Letters"
Under the "intermediate scrutiny" standard laws based on gender classifications are permissible if they are
"substantially related to the achievement of an important governmental objective"
Thomas Jefferson wanted the establishment clause of the First Amendment to be a _______
"wall of separation between church and state"
In Brown II (1955) the Supreme Court ordered desegregation to begin
"with all deliberate speed"
The Lemon test, enunciated by the Supreme Court in 1971 to determine whether government aid to parochial schools is constitutional, states that the aid must __________
(1) be for clearly secular purpose; (2) neither advance nor inhibit religion in its primary effect; and (3) avoid "excessive government entanglement with religion"
Women now constitute nearly _______ of state legislators
1/4
The reserved powers of the states are derived from the ___________-
10th amendment
The equal protection clause of the _____ Amendment reads: "No state shall...... deny to any person within its jurisdiction the equal protection of the laws."
14th
Generally, the term "Civil Rights" refers to the rights of all Americans to equal treatment under the law, as provided by the ____________ to the Constitution
14th Amendment
The Bill of Rights became part of the Constitution in ___________
1791
The Nineteenth Amendment to the constitution was ratified in ______ giving women the right to vote
1920
Native Americans had no civil rights under U.S. laws until ________
1924, when the citizenship rights spelled out in the 14th amendment were extended to American Indians
The _______ prohibits Congress from passing laws "respecting an establishment of religion, or prohibiting the free exercise of thereof"
1st amendment
The protection against "unreasonable searches and seizures" is found in the _____
4th Amendment
Today, more than ______ of the state legislators in Arizona, California, Colorado, Florida, New Mexico, and Texas are of Hispanic ancestry
5%
In 1963, when the Equal Pay Act was enacted, women earned ______ for every dollar earned by men
58 cents
Mexican Americans constitute about _______ of the Latino population living in the United States
65%
The _____ provides the right to have the "Assistance of Counsel" in criminal prosecutions
6th Amendment
It is estimated that for every dollar earned by men, women earn about ______
80 cents
The prohibition of "cruel and unusual punishments" is included in the ________
8th amendment
_______ is best defined as a policy that fives special consideration, in jobs and college admissions, to members of groups that have been discriminated against in the past
Affirmative action
The ______ requires that all public buildings and public services be accessible to persons with disabilities
Americans with Disabilities Act of 1990
Many of our liberties were added by the _________ ratified in 1791
Bill of Rights
In the 1960s ___________ called for black separatism
Black Muslim leader Malcolm X
Discrimination on the basis of race, color, religion, gender, and national origin in public places of accommodation and in employment was outlawed by the _________
Civil Rights Act of 1964
The _____________ clause of the fourteenth Amendment to the U.S. Constitution guarantees that state governments will not arbitrarily deprive any person of life, liberty, or property
Due Process
The ____________ Amendment includes protection from unreasonable searches and seizures
Fourth
Actions taken under an executive order issued by President Franklin D. Roosevelt in 1942 subjected many __________ Americans to curfews and evacuated many of those on the West Coast to "relocation centers"
Japanese
__________ constitute the largest ethnic minority in the United States
Latinos
In ________ the Supreme Court outlined a three-part test to determine whether government aid to parochial schools violates the establishment clause
Lemon v. Kurtzman (1971)
____________ is a published report of a falsehood that tends to injure a person's reputation of character
Libel
Most Hispanics living in the United States, by place of origin, are from ________
Mexico
The Supreme Court's __________ doctrine states that certain freedoms are so essential to a democracy that any law that limits these freedoms should be presumed to be unconstitutional unless the government can show that the law is absolutely necessary
Perferred-Postion
The Supreme Court established the separate-but-equal doctrine in____________
Plessy v. Ferguson (1896)
According to the ______ any law thatlimits the freedom of speech or the press- freedoms essential to democracy- should be presumed unconstitutional unless the government can show that the law is absolutely necessary
Preferred-Position doctrine
___________ due process requires that any governmental decision to take life, liberty, or property be made equally
Procedural
In _________, the Supreme Court held that the "right to privacy....... is broad enough to encompass a woman's decision to terminate a pregnancy," subject to certain regulations
Roe v. Wade (1973)
In, _______, the Supreme Court held that the "right to privacy...... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy"
Roe v. Wade (1973)
The first woman to serve as a justice of the U.S. Supreme Court was appointed by ___
Ronald Reagan Sandra Day O'Conner
In Adarand Construtiors, Inc v. Pena (1995) the Supreme Court held that any federal, state, or local affirmative action program that uses racial classifications as the basis for making decisions is subject to ____________ scrutiny by the courts
Strict
In Adarand Constructors Inc. v. Pena (1995) the Supreme Court held that any federal, state, or local affirmative action program that uses racial classifications as the basis for making decisions is subject to ____ by the courts
Strict scrutiny
The current Supreme Court standard for assessing the constitutionality of _____________ is the imminent lawless action test.
Subersive Speech
A law based on race is subject to strict scrutiny by the courts, because race is considered a(n) ____________ classification
Suspect
A law based on a ______________, such as race, is subject to strict scrutiny by the courts
Suspect Classification
________ require(s) that illegally obtained evidence not be admissible in court
The exclusionary rule
____________ states that illegally obtained evidence is not admissible in court
The exclusionary rule
Which of the following is NOT part of the test the Supreme Court developed in Miller v. California (1973) to determine if a book or film is legally obscene? The average person applying contemporary community standards finds that the work taken as a whole appeals to the prurient interest; The work taken as a whole lacks serious literary or artistic value; The work depicts or describes, in a patently offensive way a form of sexual conduct specifically prohibited bu an antiobscenity law; The work taken as a whole is offensive or disturbing; The work lacks serious political or scientific value
The work taken as a whole is offensive or disturbing
In United States v. Virginia (1996), the Supreme Court held that ____________
Virginia Military Institute, a state-financed institution violated the equal protection clause by refusing to accept female applicants
The _________ made it illegal to interfere with anyone's right to vote in any election held in this country
Voting Rights Act of 1965
In Stone v. Graham (1980), the Supreme Court ruled that __________
a Kentucky law requiring that the Ten Commandments be posted in all public schools violated the establishment clause
Since 1971, the Supreme Court has used a test to determine whether government aid to parochial schools is constitutional. To be constitutional, the ____________
aid must avoid an "excessive government entanglement with religion"
The Miranda warnings ________
are a series of statements informing criminal suspects, on their arrest, of their constitutional rights
In Gratz v. Bollinger (2003) the Supreme Court held that the undergraduate admissions policy at the University of Michigan violated the equal protection clause because it ___________
automatically awarded every "underrepresented" minority applicant 1/5 of the points needed to guarantee admission
In Gratz v. Bollinger (2003), the Supreme Court held that the udergraduate admissions policy at the University of Michigan violated the equal protection clause because it ____
automatically awarded every "underrepresented" minority applicant 1/5 of the points needed to guarantee admission
Nancy Pelosi was the first woman to ______
be elected to the US Senate
The Supreme Court has ruled that public schools ____________
cannot sponsor religious activities
One of the tactics used by the civil rights protestors in the 1960s was ___________ the deliberate and public refusal to obey laws considered unjust
civil disobedience
Under the ___________, the government may restrict expression if that expression would cause a dangerous condition, actual or imminent, that Congress has the power to prevent
clear and present danger
Racial segregation that occurs not as a result of deliberate intentions but because of social and economic conditions and residential patterns is called ________- segregation
de facto
The Eighth Amendment prohibits _______
excessive bail and fines, as well as cruel and unusual punishments
In 1789, Congress designated the Native American tribes as ___________ so that the government could sign land and boundary treaties with them
foreign nations
In 1798, congress designated the Native American tribes as _______ so that the government could sigh land and boundary treaties with them
foreign nations
The feminist movement that began in the 1960s sought ___________ for women
full political, economic, and social equality
Our First Amendment rights are considered __________
fundamental
The first eight amendments to the Constitution ________
grant the people specific rights and liberties
The Thirteenth Amendment to the U.S. Constitution _________-
granted freedom to the slaves
The Sixth Amendment ___________
guarantees the right to counsel at various stages in some criminal proceedings
The Supreme Court ___________
has held that state laws forbidding the teaching of evolution in the public schools violate the establishment clause
Affirmative action programs _______
have been banned in some states
The Civil Rights Act of 1968 prohibited discrimination in _________
housing
The Fifth Amendment ___________
includes a protection against self-incrimination
The fifth Amendment ____________
includes a protection against self-incrimination
The Supreme court has made it clear that sexual harassment ________
includes harassment by members of the same sex
Under the _____ standard, a law or action that discriminates against a particular group or class of individuals must be neccessary to promote a compelling stat interest and must be narrowly tailored to meet that interest in order to find that the equal protection clause has not been violated
intermediate scrutiny
The separate-but-equal doctrine
is a Supreme Court doctrine holding that the equal protection clause of the 14th Amendment prohibits racial segregation
Commercial Speech _____-
is protected by the 1st amendment, but not as fully as regular speech
In Grutter v. Bollinger (2003) the Supreme Court held that the University of Michigan Law School's admissions policy was constitutional because __________
it did not apply a mechanical formula giving diversity bonuses based on race or ethnicity
The equal protection clause was originally intended to protect ________ after the Civil War
newly freed slaves
Supreme Court justice Louis Brandeis stated in 1928 that the right to _______ is "the most comprehensive of rights and the right most valued by civilized men"
privacy
A key function of the Bill of Rights is to _____
protect the rights of those in the minority against the will of the majority
The Civil Rights Act of 1964 forbade discrimination on the basis of____________
race, color, religion, gender and national origin
Few laws evaluated under the ________ are found invalid, because few laws are truly unreasonable
rational basis test
The freedom of ________ is the first freedom mentioned in the Bill of Rights
religion
The Children's Internet Protection Act (CIPA) of 2000 _________
requires schools and libraries to use Internet filtering software to protect children from pornography or risk losing federal funds for technology upgrades
In Engel v. Vitale (1962) the Supreme Court
ruled that the State Board of Regents in New York had acted unconstitutionally by composing a prayer to be used in public school classrooms at the start of each day
"Jim Crow" laws
separated the white community from the black community
In Plessy v. Ferguson (1896) the Supreme Court established the ___________ doctrine which was used to justify racial segregation in many areas of life for nearly sixty years
seperate-but-equal
Affirmative action is best defined as a policy ___________
that gives special consideration, in jobs and college admissions, to members of groups that have been discriminated against in the past
The Supreme Court has held that a right to privacy is implied by other constitutional rights guaranteed in ___________
the 1st, 3rd, 4th, 5th, and 9th Amendments
The Supreme Court uses the Lemon test in cases involving ___________
the establishment clause
For many years, the courts assumed that the Bill of Rights limited only the actions of _________
the national government
The poverty rate for blacks is roughly _______ that for whites
three times
In 1997 the Supreme Court _________
upheld the states' rights to ban assisted suicide, but did not hold that state laws permitting assisted suicide were unconstitutional
Seditious Speech ___________-
urges resistance to lawful authority or advocates overthrowing the government
"Jim Crow" laws _____________
were segregation laws, separating the white community from the black community
A(n) __________ is an order requiring that an official bring a specified prisoner into court and show the judge why the prisoner is being held in jail
writ of habeas corpus
A(n) __________ is an order requiring that an official bring a specified prisoner is being held
writ of habeas corpus
