POLY SCI CHAPTER 3 - 5

The inevitable discovery exception

(1984) was developed in the case of Nix v Williams Allows admission of tainted evidence in certain cases States that exclusion of physical evidence that would have been found anyway has no effect on fairness of a trial

In what year, in the case of District of Columbia v. Heller, did the Supreme Court finally address the issue of how the Second Amendment should be interpreted?

2008

According to the US gov't stats, roughly _ %of black children live in poverty, compared to _ % of white children

40, 10

Libel

A false written statement about other people that harms their reputation

Which groups have historically lacked equality?

African Americans, women, Native Americans, Hispanic Americans, Asian Americans, Catholics

Who of the following were the authors of the Federalist Papers, which argued for ratifying the Constitution?

Alexander Hamilton James Madison

Welfare Reform Act

Americans believed that too many people were getting undeserved benefits and federal programs had become too expensive

Which of the following are reasons why the policy role of the federal gov't has expanded greatly since the earlier 20th century?

Americans expect gov't help The interdependency of the American society The superior taxing ability of the federal gov't

Great Society Programs

Americans supported government provided health care for the elderly and poor

Schuette v. Coalition to Defend Affirmative Action

An amendment to Michigan's constitution that prohibits state universities from considering race as part of its admissions process does not violate the Constitution's Equal Protection Clause.

In which 2014 case did Supreme Court rule that companies that are "closely held" are not required to provide their employees with birth control if they object on religious grounds?

Burwell v. Hobby Lobby

New York Times Co. v. Sullivan

Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure

Grants-in-aid refer to

Cash transfers from the federal government to state and localities to administer programs.

States alone are sovereign in a

Confederacy

The Constitution's commerce clause says that _ shall have the power to "regulate commerce" among the states.

Congress

In following the eighth amendment, the supreme court has used which of the following tests to determine if an action constitutes cruel and unusual punishment?

Determining if a punishment is unnecessarily cruel Determining whether a punishment is disproportionate to the offence Determining if a punishment violates fundamental standards of good conscience and fairness

Block grants are more restrictive than categorical grants in how they can be used.

False

Tor F: According to the Supreme Court, a statement that someone makes that ruins a public official's career may be considered libel or slander even if the statement is factually accurate.

False

The Constitution enumerates powers for which level of gov't?

Federal

Which federal agency, crated in the 1930s, prevented the total collapse of the American banking industry?

Federal Deposit Insurance Agency (FDIC)

Which post-Civil War amendment required states to give their residents due process of law?

Fourteenth Amendment

Which of the following statements is true regarding freedom of the press?

Freedom of the press receives strong judicial protection

Which of the following are true statements about the federal structure of the US?

Hamilton felt people would shift their trust between the national and state governments depending on their needs and interests at the time. Madison and Hamilton argued that the states and national government would serve to check each other and thus protect peoples' rights

Which 2003 Supreme Court decision overturned an earlier case in which it had upheld Georgia's antisodomy law?

Lawrence v. Texas

What is true about libel and slander?

Laws on libel and slander are based on the assumption that society has an interest in encouraging media and citizens to express themselves freely, Public officials can usually be criticized freely without fear the writer or speaker will have to pay for damages due to libel or slander

Which of the following cases involved attempts by the national gov't to curb business practices as part of their authority to regulate commerce?

Lochner v. New York Hammer v. Dagenhart

Engle v. Vitale (1962)

Mandatory prayer in schools is a violation of the establishment clause

What did the Supreme Court decide in McCulloch v. Maryland?

National law overrides state law. The necessary and proper clause implies the power to establish a national bank.

The law passed by congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the USA ____ act

Patriot

Free speech is usually protected in the United States unless it

Presents a clear and present danger to others Leads to imminent and lawless action Involves false commercial advertising claims

The fourth amendment

Protects against unreasonable search and seizure

Which of the following statements are true concerning the right of assembly?

Public officials can regulate the time and place of assemblies Individuals cannot hold an assembly at a busy intersection during rush hour Regulations of public assemblies must be applied fairly to all groups.

Law enforcement officials sometimes controversially rely on the practice of _____, the assumption that certain groups of people are more likely to commit particular crimes

Racial profiling

Which landmark Supreme Court case declared affirmative action constitutional but invalidated the use of racial quotas?

Regents of the University of California v. Bakke

The imminent lawless action

Says that speech must be likely to produce lawless action, Two criteria for speech advocating the unlawful use of force to be prohibited Says that for speech to be restricted, it must be directed at inciting or producing imminent lawless action

President Lyndon Johnson promoted federal initiatives to help the poor as part of his Great _ program

Society

McDonald v. Chicago

Supreme Court decided that 2nd amendment, with some restrictions, prohibited state and local gov't from effectively banning gun ownership

Miranda v. Arizona

Supreme Court decision that you have the right to remain silent and the right to an attorney

Hamden vs Rumsfeld

Supreme Court ruled that the use of secret military tribunals to try detainees accused of terrorism were UNCONSTITUTIONAL as detainees were entitled were entitled to a trial affording all the guarantees contained in the Constitution

In which case did the Supreme Court rule that the forced busing of children for the purpose of achieving segregated was constitutional?

Swann v. Charlotte Mecklenburg County

Which of the following statements best represents the American constitutional model of Federalism?

The Constitution grants sovereignty to both the national and state governments.

Which of the following happened during the New Deal Period?

The New Deal programs thrust federal power into policy areas previously reserved for the states. The Supreme Court struck down key pieces of the New Deal programs.

Which of the following actions gave the national gov't more power than the states during George W. Bush's presidency?

The No Child Left Behind Act Creating the Department of Homeland Security

Which of the following best describes the doctrine of Dual Federalism?

The Supreme court maintained a precise separation of state power and national power

Which of the following is true about women's equality in the workplace?

The average pay for women workers is only 80% of the amount earned by male workers Women tend to earn less because they are more likely to leave work to start a family

Dred Scott v. Sanford

The case that ruled that slaves were property

Today, most of the guarantees in the bill of rights are protected from action by which of the following?

The federal and state gov'ts

Which of the following has occurred under cooperative federalism?

The federal gov't has been more heavily involved in policy areas traditionally reserved for the states

Since the 1930s

The federal government had dramatically increased its power.

New Deal Programs

The government responded to massive unemployment during the Great Depression

Which of the primary challenge made by states as to the constitutionality of federal grant programs?

The grants programs intrude too heavily on the reserved powers of the states.

Under the Articles of Confederation, what problem arose because the national gov't had no power to levy taxes on its citizens?

The nation could not maintain an army or navy.

Why is the "necessary and proper clause" also referred to as the elastic clause?

The national gov't can use the clause to stretch the enumerated authority

Which of the following were the major weaknesses of the Articles of Confederation?

The national gov't had no power to tax. The national gov't had no power to regulate interstate commerce.

Which of the following statements are true of the U.S federal system?

The national gov't now operates in many policy areas traditionally reserved to the state states The authority of the national gov't has expanded greatly since the 1930s.

The Second Amendment protects and supports which of the following?

The right to keep and bear arms A well-regulated militia

Which of the following conditions or strings is typically attached to a categorical formula grant?

The state or local government must provide some of the funding

Which of the following are the two most important forces in the evolution of the American federal structure?

The strength of partisan interests that sought to change the balance of power between the nations and the states The county's changing needs

In the U.S System, which phrase best describes the relationship between the state governments and the local governments within the state?

The system is unitary because the states create counties and cities and grant them all their powers

Why was the national security agency's wiretapping of phone calls and e-mail messages originating in the united states, first revealed by the new york times in 2005, controversial?

The wiretapping had been authorized by President George W. Bush without approval from the courts, The wiretapping was specifically prohibited by the Foreign Intelligence Surveillance Act of 1978

block grants

They provide the greatest discretion for allocating funds.

True or false: Prior to the passage of the United States Constitution, many of the states governed under their own state constitutions that dated back to the colonial era.

True

District of Columbia v. Heller

U.S. Supreme Court case that upheld that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a militia

In which 2002 case did the Supreme Court rule that tax-supported school vouchers used to send children to private and religious schools were not a violation of the Establishment Clause?

Zelaman v. Simmons-Harris

The importance of listing individual rights in the Constitution is that it gives individuals who feel that their rights have been violated

a basis for taking the alleged violation into a court of law for ruling by a judge

John C. Calhoun argued that the US was founded upon

a compact between the states

According to the _ doctrine, gov't can aid a religious organization so long as the aid is non-religious in nature and the gov't doesn't favor one religion over another

accomodationist

Which policy required the federal gov't to begin implementing measures aimed at reinforcing equal access to employment by mandating recruitment procedures that gave qualified minority workers an equal opportunity to gain gov't jobs?

affirmative action

Korematsu v. United States

allowed gov't polices during wartime that would not be allowed in times of peace

The necessary and proper, or elastic, clause of the Constitution

allows Congress to have powers that are not listed in the Constitution but needed to exercise listed powers

In the case of Shelby v. Holder, the majority held that formula for identity states and counties subject to federal oversight was

based on obsolete stats

clear and present danger test

before speech can be restricted, the government must clearly demonstrate that a citizen's expression presents a very obvious and real danger to the public safety

Lau v. Nichols (1974)

bilingual education

Which of the following characterized the era of dual federalism?

business supremacy in commerce policy

Under the Fifth Amendment, suspects

charged with a federal crime cannot be tried unless indicted by a grand jury

Native Americans were not considered to be _ until 1924

citizens

Constitutional guarantees that protect citizens from arbitrary gov't action known as

civil liberties

In 2016, the Supreme Court ruled that police _ use an outstanding warrant for another offense as an excuse to apprehend a suspect for another unrelated offense

could

The exclusionary rule restricts the ability of

courts to admit illegally obtained evidence during a trial

Which type of discrimination is based on the law?

de jure discrimination

Which of the following factors contributed to the economic decline of the states and the need for a wholesale federal assistance program, such as the New Deal

declining tax revenues due to increased unemployment increased demand of welfare assistance

A recent trend has intergovernmental relations has been to "pass down" policy authority from the national gov't to state and local gov't, known as

devolution

The process by which the national gov't returns powers once held by state and local gov't to these governments is called

devolution

The 1964 Civil Rights Act banned

discrimination in public accommodations

the legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as ____ process protections

due

National set of powers

enumerated implied

Equal rights and civil rights include

equal access to the opportunities society provides the right of every person to equal protection under the law equal access to public facilities

United States v. Leon

evidence discovered under a faulty warrant was admissible because police had acted in good faith

true or false: in a 1992 cases involving at st. paul MN city ordinance, the supreme court ruled that the govt can restrict hate speech as it causes " anger or alarm

false

Slander

false verbal statements about other people

A _ system of government is one in which the power to govern is shared between a national gov't and smaller gov'ts, with retaining some exclusive power

federal

which amendments contribute to ensuring criminal due process

fourth, fifth, sixth, eighth

DeJonge v. Oregon

freedom of assembly

Hamilton v Regents of UC

freedom of religion

Near v. Minnesota

freedom of the press

The establishment clause of the Constitution restricts which of the following?

gov't from favoring one religion over another gov't from supporting religion over no religion

The complex demands of contemporary society

have shifted power to the national gov't

Griswold v. Connecticut

implied right to privacy

Free Exercise Clause

is part of the first amendment Has been interpreted to mean that Americans can not always act on religious beliefs if they conflict with other laws Has been interpreted to mean Americans can hold any religious belief of their choosing

Which of these groups is typically more protective of individual rights?

judges

New York Times Co v. United States

known as the "Pentagon Papers" case

The Anti-Federalists believed that state-centered helped to serve the people's interests by promoting which two core democratic values:

liberty self-gov't

The Sedition Act of 1798

made it a crime to publish stories that were harshly critical of the president

The supremacy clause of the U.S. Constitution

makes national laws the supreme law of the land

One drawback to federalism today is that

many people feel that the federal government has expanded too far into areas that should be controlled at a state or local level.

The Supreme Court has stated that in order for an affirmative action program to be upheld as constitution, the program must be

narrowly tailored

The Bill of Rights protects some civil liberties, including freedom

of speech of assembly

The Supreme Court has generally held that those convicted in state courts and who appeal on the grounds that their federal constitutional rights were violated are limited to

one appeal

The attempt to block the publication of material considered to be harmful is known as _ restraint

prior

The right of an individual to be left alone without any interference from others is known as the right to

privacy

In Lawrence v. Texas, the Supreme Court ruled that

privacy rights extend to consensual activity between same sex partners

categorical grants

recipients must spend the funds for a designated purpose

Civil Rights

refer to rights and privileges granted to citizens by gov't such as equality under the law

Civil Liberties

refers to individual rights, such as the freedom of speech and religion

Alexander Hamilton claimed that the federal gov't had implied power to create a national bank through its power to:

regulate commerce

The Supreme Court in Gibbons v. Ogden interpreted the meaning of which constitutional power of Congress?

regulating commerce between the states

Which of the following best exemplifies the profound impact of the civil rights movement?

removing discrimination in voting requirements

State set of powers

reserved

The powers granted to the states in the Constitution are called _____ powers.

reserved

The process by which the Supreme Court makes certain parts of the Bill of Rights applicable through the Fourteenth Amendment to actions by state gov'ts is known as _ incorporation

selective

Plessy v. Ferguson

separate but equal facilities do not violate the 14th amendment

In the case of Plessy v. Ferguson, the Supreme Court established the _ doctrine arguing that it did not violate the Fourteenth Amendment's equal protection clause.

separate-but-equal

right to legal counsel is a _ Amendment protection

sixth

Any law that treats individuals differently based on race is subject to the

strict-scrutiny

in a case involving protester Gregory Johnson, the supreme court ruled that burning the american flag was protected specifically as _ speech

symbolic speech

The Supreme Court has ruled that the right of free assembly

takes precedence over the possibility that the exercise of the right might have undesirable consequences

What legislation gave government increased authority to examine medical, financial, and student records and increased surveillance of communications without a warrant or court order?

the USA PATRIOT Act

Lemon test

the current standard used to determine whether the establishment clause has been violated is known as the _ test

The second amendment of the U.S. Constitution protects

the right of people to bear arms

Mapp v. Ohio

the supreme court extended the constitutional protection against unreasonable search and seizure to action by STATE governments

Since the 1950s, what has been the governments approach to free speech

the supreme court has ruled that spoken words do not pose a true threat to national security so Americans can speak their minds politically, Not a single individual has been convicted solely for criticizing the government's war policies, The supreme court has ruled that national security must truly be at risk before the government can limit speech

Rostker v. Goldberg

the supreme court upheld the constitutionality of GENDER classifications even though such classification

which of the following statements are true regarding incarceration rates in the u.s.

the u.s. has the largest prison in the world on a per-capita basis, the number of federal and state prisoners has more than doubled since 1990, and the most state legislatures have enacted stiffer criminal penalties in the past two decades

Which of the following were primary goals of the welfare reform bill, the Personal Responsibility and Work Opportunity Act, passed by Congress in 1996?

to reduce federal spending on welfare reduce the number of welfare recipients increase the states discretion in administering welfare programs increase assistance for the children of welfare recipients

The Supreme Court consistently ruled that George W. Bush administration's practice of denying constitutional and legal protections to enemy combatants was

under the jurisdiction of the United States courts

Gitlow v. New York

under which of the following supreme court cases did part of the bill of rights first become incorporated to apply to actions by the states

Federal laws that set up requirements for states w/o providing the money to pay for them are called _ mandates

unfunded

Freedom of expression

what is the right of individual Americans to hold and communicate thoughts of their choosing.

Plain View Exception

which amendments contribute to ensuring criminal due process

In a unitary system, all sovereignty rests

with the national government