GOVT-2305 Test 2

State and local governments often hire lobbyists today due to the

intense competition for federal funds.

A speaker who advocates the use of violent force against the United States government can be arrested

if his words create a clear and present danger of violent action.

The case of New Jersey v. New York (1999) is important because it

illustrates the original jurisdiction of the Supreme Court.

The pressure group or groups that are created when state and local governments hire lobbyists to lobby the national government are called the __________ lobby.

intergovernmental

The 10th Amendment states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are

reserved to the states, or the people.

The case Gideon v. Wainwright (1963) was about

right to counsel.

States are obligated constitutionally by all but:

the interstate commerce clause.

The most frequently challenged part of the jury process has been

the method of selecting jurors.

Procedural due process refers to:

the methods by which a law is enforced.

Of about 200 countries in the world,

the most common political system is a unitary system.

In a country administered under a UNITARY STATE system of government:

the national government has complete control over regional government.

The term IMPLIED POWERS refers to:

the power of the federal government to make laws to implement stated policies.

Which of the following is an example of a concurrent power?

the power to tax

The term ENUMERATED POWERS refers to:

the powers specifically granted to the federal government by the Constitution.

The Exclusionary Rule can be defined as:

the principle that evidence, no matter how telling, may not be used if obtained illegally

Naturalized citizens enjoy the same rights as native-born Americans except

the right to be elected president or vice president

Gibbons v. Ogden (1824) addressed the important question of

the scope of Congressional authority under the commerce clause.

The right of a particular individual or group to give a speech can be limited if:

the speech might lead to some violent action.

In MILLER v. CALIFORNIA (1973) the Supreme Court, in regard to obscene publications, ruled that

the standard of offensiveness could be left to the community

A state program loans science textbooks to religious schools. A taxpayer sues, claiming the state is helping to establish religion. Based on precedent, the court would most likely decide that

the state had a secular purpose, and the benefit was to the students, not the religious institution.

In situations of conflict between state and national law, national law prevails due to

the supremacy clause.

The Supreme Court has often ruled that:

the use of private property can be restricted by the "public interest".

Southern officials used whips, dogs, cattle prods, clubs, and tear gas on peaceful civil rights protesters in the 50s and 60s.

True

Suffrage rights are left to the states to decide in the U.S. Constitution.

True

Taxation is a concurrent power in the U.S. federal system.

True

The 13th Amendment banned slavery.

True

The Americans with Disabilities Act (ADA). extends the protections of the Civil Rights Act of 1964 to disabled persons.

True

The Civil Rights Act of 1964 was filibustered in the Senate for eight weeks.

True

The Civil War and the Great Depression were two of the historical incidents that tended to consolidate national powers at the expense of state powers.

True

The Constitution guarantees that Congress would not limit the slave trade before 1808.

True

The Constitution is silent on the issue of equality.

True

The Court ruled that speech could be restricted if it presented a clear and present danger.

True

The clause contained in the 14th Amendment that has been ruled to make some of the Bill of Rights protections applicable to the states is called the __________ clause.

incorporation

In response to the Supreme Court's opposition to many New Deal programs, FDR suggested

increasing the number of justices from nine to thirteen.

Slavery was a divisive issue ever since slaves were first brought to the New World.

True

Statements that police are required to make to a person before that person is subject to in-custody questioning are known as

Miranda warnings.

The Compromise of 1820 reduced tensions over slavery.

False

The Constitution banned the slave trade

False

Fundamental freedoms such as religion, press, and privacy are usually accorded a(n) __________ standard of review by the Court.

heightened

The Supreme Court case known as Cruzan was about

homosexual rights.

Latino Americans used very different tactics to expand their civil rights than previous groups.

False

The Supreme Court ruled in Plessy v. Ferguson (1896) that

racial segregation was constitutional.

Police powers are federal in nature according to the Tenth Amendment.

False

Preemption is one way for states to prevent federal usurpation of their power.

False

Among the women who founded the women's movement were

Elizabeth Cady Stanton.

In assessing the constitutionality of gay rights issues, the Supreme Court, in 1996, used the standard of

rationality.

In which case did the Supreme Court declare that "in the field of public education the doctrine of 'separate but equal' has no place"?

"Brown v. Board of Education of Topeka" (1954)

State-imposed racial segregation based on the concept of separate-but-equal facilities for blacks was upheld by the Supreme Court in

"Plessy v. Ferguson" (1896).

The Supreme court confronted an affirmative action quota program for the first time in

"Regents of the University of California v. Bakke".

The Supreme Court declared unconstitutional a Texas law making it a crime to obtain an abortion except for the purpose of saving the mother's life in

"Roe v. Wade" (1973).

In the 1925 Gitlow case, the Supreme Court ruled that some speech could be prohibited if it threatened the overthrow of the government or in other ways injured the public welfare. This doctrine came to be known as the

"bad tendency" test

In New York Times v. Sullivan (1964), the Supreme Court ruled that

'actual malice' must be proved to support libel against a public figure.

Blacks were kept from voting in the South by devices such as the

-Literacy test -poll tax -white primary

Among the tactics used by the civil rights movement were

-Sit-ins and boycott -D lawsuits -Freedom Rides

Among the tactics used by the Mexican-American Legal Defense and Educational Fund (MALDEF) to stop discrimination against Hispanics are

-litigation -scholarships -boycotts and sit-ins

Among the devices used in Southern states to prevent blacks from voting, were

-poll taxes -literacy tests -grandfather clauses

The Constitution has several clauses that are expressly contrary to our modern view of civil rights, including

-the Three-Fifths Compromise -that the importation of slaves could not be prohibited for 20 years -that voting qualifications were left up to the states

The Supreme Court struck down the daily reading of a nondenominational prayer in New York's public schools in

Engle v. Vitale" (1962).

How many amendments were originally proposed for the Constitution?

12

Slavery was banned by the __________ Amendment.

13th

Former slaves were granted citizenship as well as the 'privileges and immunities' thereof, and states barred from depriving anyone of "life, liberty or property without due process of law" through the __________ Amendment.

14th

Many women opposed the __________ Amendment that added the word 'male' to the Constitution for the first time.

14th

The expansion of civil rights to include protection from state governments was achieved through the adoption of the

14th Amendment.

Congress banned the slave trade in

1808.

In response to the poor treatment of blacks following the Civil War, a number of people decided to form a group called the National Association for the Advancement of Colored People (NAACP) in

1909.

Native Americans were granted citizenship and the right to vote in

1924.

Women finally received the right to vote in 1920 through the __________ Amendment.

19th

Freedom of religion

1st Amendment

By 1970, federal grants accounted for __________ percent of all state and local spending.

20

Much of the growth of big government and of federal social welfare programs took place during the New Deal in the 1930s and during the administration of

FDR

The goal of new federalism is to

reduce the restrictions attached to federal grants.

In 2000, __________ states had capital punishment statutes.

38

Freedom from cruel and unusual punishment

8th Amendment

The case which ruled the Bible reading in public schools as a religious exercise when required by the school was unconstitutional was

ABINGTON SCHOOL DISTRICT v. SCHEMPP

Which amendments to the U.S. Constitution limited State sovereignty?

All of the above

The supremacy clause is found in

Article VI.

The PLESSY v. FERGUSON was specifically and unanimously overturned by

BROWN v. BOARD OF EDUCATION

Laws that denied most legal rights to newly freed slaves and prohibited blacks from voting, sitting on juries, or even appearing in public places after the Civil War were known as

Black Codes.

In __________, the Supreme Court ruled that laws against consensual private acts of sodomy were constitutional.

Bowers v. Hardwick

In what case did the Supreme court rule that the Constitution does not protect homosexual relationships even in the privacy of their own homes?

Bowers v. Hardwick

The Supreme Court ruled in __________ that a Georgia law prohibiting certain sex acts, including homosexual sex acts, was constitutional.

Bowers v. Hardwick

Which of the following nations is governed by a unitary system of government?

Britain

Although education is usually considered a state function, the federal government became actively involved in ending state mandated segregation through the case of

Brown v. Board of Education of Topeka Kansas.

The Supreme Court decision that overturned Plessy (1896) in 1954 was called

Brown v. Board of Education of Topeka, Kansas.

What kind of grant-in-aid allows the recipient of the grant the least independence in determining how the money will be spent?

Categorical grant

What is "prior restraint"?

Censorship before publication

The Supreme Court held that "fighting words" do not convey ideas and thus are not subject to First Amendment protection in

Chaplinsky v. New Hampshire" (1942).

The first time Congress ever passed an override of a presidential veto occurred over the

Civil Rights Act of 1866.

In McCulloch v. Maryland (1816), the Supreme Court ruled that

Congress had the power to charter a bank due to the necessary and proper clause.

The issue of separate drinking ages for men and women was challenged in the case

Craig v. Boren.

In 1857, the Supreme Court ruled that slaves were not citizens, but property, in the case,

Dred Scott v. Sandford.

The first major civil rights case to be considered by the Supreme Court was/were

Dred Scott v. Sandford.

The case which voided the New York Regent's prayer in public schools was

ENGEL v. VITALE

The case which stated that the defendant had the right to counsel during questioning and investigation

ESCOBEDO v. ILLINOIS

The case which set forth the wall of separation doctrine

EVERSON v. BOARD OF EDUCATION

Because of the First Amendment, there is no prayer allowed at any public ceremony.

False

During the late 1880s and 1990s, the Supreme Court consistently ruled to enlarge the scope of federal powers.

False

EEOC sexual harassment filings have decreased dramatically since 1990.

False

Efforts by women's groups to convince the Supreme Court that the 14th Amendment's equal protection clause covered women was successful in 1961 in Hoyt v. Florida.

False

In 1787, most state constitutions did not provide explicit protection for personal liberties.

False

In 2000, 49 states have capital punishment statutes.

False

In Brown II, the Court ruled that state court judges must implement desegregation.

False

In McCulloch v. Maryland (1819), the Supreme Court ruled that the commerce clause could not be used to reduce state powers.

False

In Plessy v. Ferguson (1896), the majority of the Supreme Court argued that the Constitution should be color blind.

False

In choosing cases to challenge segregation, the NAACP chose to start with elementary and secondary education because they were the most important to advancement for African Americans.

False

In interpreting the Fourth Amendment, the Supreme Court has ruled that the police always need a search warrant in order to conduct a search.

False

In the Dred Scott case, the Supreme Court upheld the constitutionality of the Missouri Compromise.

False

Jim Crow laws were abolished following the Civil War.

False

The Constitution specifically enumerates powers to the state and national governments.

False

The Court has fully incorporated the Bill of Rights protections to the states.

False

The Eighth Amendment clearly makes the death penalty unconstitutional as cruel and unusual punishment.

False

The Fifth Amendment guarantees the right to counsel.

False

The First Amendment prohibition on limits to free speech has been interpreted by the Court to mean that Congress cannot infringe on any type of speech.

False

The Framers divided the power between state and national government in order to create a confederal system.

False

The Missouri Compromise of 1820 made slavery illegal in all new states.

False

The NAACP fought discrimination on an ad-hoc basis.

False

The Privileges and Immunities of Citizenship are guaranteed by the 15th Amendment.

False

The SCLC fought for the full implementation of Supreme Court decisions while SNCC had more radical objectives.

False

The Seneca Falls Convention approved the call to extend the franchise to women.

False

The Southern Christian Leadership Council was established by Frederick Douglass.

False

The Supreme Court considers both race and gender to be suspect classifications

False

The Supreme Court has broadly interpreted the right to privacy to include the right to engage in homosexual acts.

False

The Supreme Court has ruled that laws that provide for male-only draft registration and statutory rape laws that apply only to female victims are unconstitutional.

False

The Supreme Court upheld provisions of the 1996 Communications Decency Act designed to protect children from pornography on the Internet.

False

The Supreme Court was generally supportive of FDR's attempts to deal with the Great Depression.

False

The appointment of Ruth Bader Ginsburg to the Supreme Court has been interpreted as a threat to the continuing constitutionality of some abortion procedures.

False

The composition of juries, discussed in the Sixth Amendment, has remained stable and has rarely been litigated since the adoption of the Bill of Rights.

False

The doctrine of 'separate but equal' was promulgated by the Civil Rights Cases (1873).

False

The exclusionary rule was adopted in the case of Miranda v. Arizona.

False

The federal government's right to tax was left vague in the Constitution.

False

The incorporation doctrine is a principle used to limit the powers of the national government in the realm of civil rights and liberties.

False

The right to bear arms is guaranteed by the Third Amendment.

False

The right to privacy is an enumerated right in the Bill of Rights.

False

The supremacy clause of the Constitution mandates that state laws supercede national laws.

False

The word "federal" is used in the Constitution to describe the system of divided powers.

False

Throughout our history, the nature of federalism has been fairly constant.

False

Women were granted the right to vote at the same time as African-Americans.

False

In 2000, the Supreme Court, in an opinion written by Chief Justice Rehnquist, reaffirmed the central holding of __________ that no admission of guilt is truly voluntary unless a suspect has been apprised of his rights.

Miranda

Religious rights, both the right to freely exercise religion and the protection against the establishment of an official religion, are protected by the __________ Amendment.

First

Under the __________ Amendment, the police may search things in plain view, the person arrested, and things under the arrestee's immediate control.

Fourth

The concept of dual federalism prevailed in the United States until the administration of

Franklin D. Roosevelt

In 1972, the Supreme Court ruled that the death penalty was cruel and unusual punishment in

Furman v. Georgia.

The case which held that a defendant was entitled to counsel even if he could not hire one

GIDEON v. WAINWRIGHT

This case held that the Bill of Rights applied to the states also

GITLOW v. NEW YORK

This case set forth the bad tendency doctrine

GITLOW v. NEW YORK

The Supreme Court extended the Sixth Amendment's right to counsel to the states in

Gideon v. Wainwright" (1963).

The Supreme Court ruled that "lawyers in criminal cases are necessities, not luxuries" in the case

Gideon v. Wainwright.

What was one of the first cases which applied the Bill of Rights to the States?

Gitlow v. New York

The Supreme Court ruled that states could not abridge free speech protections in

Gitlow v. New York.

The era of dual federalism ended with the

Great Depression.

In 1976, the Supreme Court ruled that the death penalty was constitutional in the case

Gregg v. Georgia.

State laws which legally segregated the races were called

Jim Crow laws

Laws enacted by Southern states that resulted in segregation by race were also known as

Jim Crow laws.

The first president to reduce intergovernmental grant expenditures was

Jimmy Carter.

Lemon V. Kurtzman established

Laws which advanced or inhibited religion were unconstitutional.

The case which held that the defendant had to be informed of his rights when arrested

MIRANDA v. ARIZONA

The Supreme Court applied the exclusionary rule to the states in

Mapp v. Ohio" (1961).

The first major federalism decision by the Marshall Court was

McCulloch v. Maryland.

The Supreme Court ruled that individuals arrested for a crime must be apprised of their constitutional rights in the case

Miranda v. Arizona.

The first major civil rights case to be considered by the Supreme Court dealt with a dispute over the constitutionality of the

Missouri Compromise.

The leading interest group opponent of the death penalty in the 1960s was the

National Association for the Advancement of Colored Persons (NAACP).

In 1966, a new women's group was formed that was modeled on the NAACP to prevent discrimination against women. This group was called the

National Organization of Women.

The Supreme Court's first encounter with a law imposing prior restraint on a newspaper was in

Near v. Minnesota" (1931)

In what case did the Supreme Court hold that the First Amendment prohibits punishment for publishing statements about the official conduct of public officials except when such statements are made with actual malice?

New York Times Co. v. Sullivan" (1964)

The case which stated the separate but equal doctrine

PLESSY v. FERGUSON

In __________, the Supreme Court found that segregation of rail transportation was constitutional because separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.

Plessy v. Ferguson

In 1971, the Supreme Court ruled that the 14th Amendment equal protection clause prohibited unreasonable classifications based on sex, but did not accord gender as a suspect classification entitled to strict scrutiny, in

Reed v. Reed.

In which case did the Supreme Court rule that the concept of privacy included the right to a legal abortion?

Roe v. Wade

The ammunition to defeat the ratification of the Equal Rights Amendment came from the Supreme Court's decision in

Roe v. Wade.

The case that legalized abortion in the first and second trimesters of pregnancy, as well as to save the life and health of the mother, was called

Roe v. Wade.

The president who was elected to office, at least in part, due to a promise to return power to the states was

Ronald Reagan.

In 1955, the Montgomery Bus Boycott began with the intent of ending segregation on public transport. The catalyst for the boycott was a black person who was arrested for refusing to give up a seat to a white person. The name of this person was

Rosa Parks.

The Court ruled that obscenity must be 'utterly without redeeming social value' and appealing primarily to the 'prurient interest', and thus not be protected speech, in the case

Roth v. U.S.

The clear and present danger test was formulated in

Schenck v. U.S." (1919).

In 1848, the first women's rights convention as held in

Seneca Falls.

The right to a speedy and public trial by an impartial jury is guaranteed by the __________ Amendment.

Sixth

In 1957, a number of black leaders, including Martin Luther King, Jr., established a new group to fight for civil rights based in the South called the

Southern Christian Leadership Conference (SCLC).

The longest filibuster in Senate history was an attempt to block the Civil Rights Act of 1964 by

Strom Thurmond (D-SC).

The Supreme Court first acknowledged that symbolic speech was entitled to First Amendment protection in the case

Stromberg v. California.

The president of the National American Woman Suffrage Association (NAWSA. , founded in 1890, was

Susan B. Anthony.

The Supreme Court ruled that all vestiges of state-imposed segregation must be eliminated at once in the 1971 case

Swann v. Charlotte-Mecklenburg School District.

Federalism refers to a

relationship between the national and state governments.

What was a feature of the "Incorporation Doctrine"?

That the Bill of Rights should extend to the States.

The concept of equality is boldly proclaimed in

The Declaration of Independence.

The concept of horizontal federalism deals with

relationships between state governments.

What event is most closely associated with the federal government assuming its greatest power?

The Great Depression

What is the constitutional basis for Congress's implied powers?

The necessary and proper clause

The ------------ Amendment provides that "neither slavery nor involuntary servitude ... shall exist within the United States, or any place subject to their jurisdiction."

Thirteenth

School shootings in Colorado and Georgia heightened interest in gun control legislation.

True

Block grants are federal monies given to the states with few strings attached.

True

Brown was the most important civil rights case in the 20th century.

True

Since 1976, the Supreme Court has ruled that single-sex public nursing and military schools violate the 14th Amendment.

True

Civil liberties often present complex problems.

True

Despite several large grant programs and other national interventions, education is primarily a state responsibility.

True

Drug testing is a controversial Fourth Amendment issue.

True

Federal grants have been used since the Civil War to allocate federal funds to the states.

True

Hate speech, in at least one university's speech code, was ruled unconstitutional restraint of free speech.

True

Implied powers are derived from constitutionally enumerated powers.

True

In 1848, Elizabeth Cady Stanton and Lucretia Mott called for the first women's rights convention.

True

In 1986, the Supreme Court began to rule against affirmative action cases, arguing that they were unconstitutional.

True

In 1995, the Supreme Court reasserted state control over suffrage and elections in U.S. Term Limits v. Thornton.

True

In Barron v. Baltimore (1833), the Supreme Court ruled that the Bill of Rights was intended to limit the powers of the national government to infringe on the rights and liberties of the citizens, not the state governments.

True

In Bradwell v. U.S. (1873), the Supreme Court ruled that the 14th Amendment did not apply to women.

True

In Brown v. Board of Education, Thurgood Marshall argued before the Supreme Court that 'separate but equal' was unconstitutional according to the 14th Amendment.

True

In New York Times v. Sullivan (1964), the Supreme Court made it extremely difficult to libel a public figure.

True

In general, the recent trend of the Court has been to lower the wall of separation between church and state.

True

In most states during the 1800s, women could not divorce their husbands or keep their own wages and inheritances.

True

In the case Roe v. Wade, the Supreme Court ruled that the state had a right to regulate second trimester abortions and that in the third trimester, abortions would only be legal if the life and health of the mother were at stake.

True

Many people today are calling for a return of power to the states.

True

Most of the former Confederate states passed Black Codes to restrict opportunities for newly freed slaves.

True

NAWSA based its claim for the women's right to vote on the fact that mothers should be enfranchised.

True

New Jersey sued New York over the ownership of Ellis Island under the original jurisdiction of the Supreme Court.

True

One of the most successful groups lobbying on behalf of women in the late 1800s was the National Consumers' League.

True

One of the original reasons for federal grants was to counteract the perceived over representation of rural interests in state legislatures.

True

President Truman was the first president to send a friend-of-the-court brief to the Supreme Court supporting the rights of African Americans.

True

Conflicts over civil liberties often

require balancing competing interests.

The Equal Rights Amendment was only three states short of ratification in 1978.

True

The Fifth Amendment includes your constitutional right against self incrimination.

True

The Montgomery Bus Boycott was an important landmark for the civil rights movement because it was the first successful nonviolent protest.

True

The NAACP Legal Defense Fund created a carefully crafted strategy of test cases beginning with graduate and professional education believing that desegregating these would be less threatening to whites.

True

The New Deal was a package of policies introduced by the Roosevelt administration to remedy the Great Depression through federal action.

True

The Supreme Court has ruled that police do not need a search warrant if a search is pursuant to an arrest or if items are in 'plain view.'

True

The advocacy of illegal action is protected by the First Amendment unless imminent action is likely to occur.

True

The challenge for the U.S. has always been to preserve the independence and rights of the states while establishing an effective national government.

True

The establishment clause prohibits the national government from establishing a national religion and is found in the First Amendment.

True

The first Africans were brought to the New World in 1619.

True

The first Supreme Court case dealing with symbolic speech was Stromberg v. California (1931).

True

The first ten amendments to the Constitution are referred to as the Bill of Rights.

True

The governor of Arkansas prevented integration in the high school with the use of National Guard troops, until federal troops were called in to protect the students and integrate the school in the late 1950s.

True

The long term viability of the Miranda rule seems assured.

True

The necessary and proper clause is the root of Congress' implied powers.

True

The philosophy that describes the relationship between the state and national governments created by the Framers is called federalism.

True

The ruling in Gitlow v. New York was that states could not infringe on free speech rights.

True

The ruling in Miller v. California made it easier for states to regulate pornography.

True

The suffrage movement was the drive for women's right to vote.

True

There are almost 90,000 state and local governments in the United States.

True

There are fewer than two million Native Americans in the United States today.

True

Women opposed the ratification of the 15th Amendment.

True

Federal systems include:

U.S.A., Mexico, and Switzerland

There was a tremendous national reaction to a novel published in 1852 on the evils of slavery. The novel was called

Uncle Tom's Cabin.

In August 1963, Martin Luther King, Jr. led a huge march on __________ that culminated in his speech titled "I Have a Dream."

Washington

Among the most prominent people in the Abolitionist Movement was

William Lloyd Garrison.

The privileges and immunities clause of the Constitution means

a citizen of one state cannot be treated as an alien in another state.

Cooperative federalism is characterized by

a stronger, more influential national government.

Of the different ways of ordering relations between central governments and local units, the most popular method is

a unitary system.

During the 1970s, in a 7-2 decision, the Supreme Court found that __________ was protected by the right to privacy implied from guarantees in the Bill of Rights and the 14th Amendment.

a woman's right to terminate a pregnancy under certain conditions

Under the Constitution, national and state governments are

accountable to the people.

Programs designed to overcome the effects of past discrimination are known as

affirmative action

A warrantless search without probable cause can be made of

all of the above

Once passed, the Civil Rights Act of 1964

all of the above

The "establishment clause" of the First Amendment prohibits the government from setting up a church. It also prevents government from passing laws that

all of the above

In Chaplinsky v. New Hampshire (1942), the Supreme Court ruled that certain forms of speech were not protected by the First Amendment such as

all of the above.

In Miller v. California (1973), the Supreme Court redefined obscenity, concluding that a work was obscene if it

all of the above.

In addition to granting certain powers to state and national government, Article I also denies some powers to those governments, for example,

all of the above.

In the 1930s, the era of dual federalism came to an end with the Great Depression. This crisis led to

all of the above.

The establishment clause has been said to

all of the above.

The purposes of federal grants are to:

all of the above.

The right to privacy stems from the idea that some areas of life are off limits to governmental regulation and is inferred from constitutional rights

all of the above.

"Dual federalism" is the practice of

allowing the states and the federal government to separately exercise power in areas of legitimate concern to them.

During the 1990s, Congress was particularly concerned with two obscenity issues. They were

arts funding and the Internet.

The new Constitution clearly established the federal government's right to tax in order to

avoid the financial problems of the Articles of Confederation.

The Missouri Compromise of 1820

banned slavery north of the Mason-Dixon Line.

The establishment clause

bars government sponsorship or support of religious activity.

In a case referred to as Brown II, the Supreme Court ruled that racially segregated school systems must

be dismantled with "all deliberate speed."

In a long series of rulings that began with the 1925 Gitlow case, the Supreme Court has

began a process of selective incorporation of the Bill of Rights to the states

A law declaring an act illegal without a judicial trial is called a(n)

bill of attainder.

Legislative acts that make an individual guilty of a crime without a trial are

bills of attainder.

The case Griswold v. Connecticut (1965) involved the issue of

birth control for married couples.

President Reagan preferred less restrictive funding to state and local governments called __________ grants.

block

Programs to channel federal monies to the states with 'no strings attached' are known as

block grants.

To which government does eminent domain apply?

both federal and state

In the United States, citizens live under:

both the U.S. and a state constitution

In 1998, President Clinton issued an executive order on federalism that

caused a political firestorm.

Personal rights and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation are called

civil liberties.

The positive acts governments take to protect individuals against arbitrary or *discriminatory treatment by governments or individuals are called

civil rights.

In Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of speech in times of war if they constituted a

clear and present danger to society.

Contrary to what Alexander Hamilton thought, many people today argue that the federal-state relationship has become one of

coercion.

One of the rationales for federal intervention in state and local government affairs is the

commerce clause.

During the Taney Court, the Court articulated the notion of

concurrent powers.

A league of independent states in which the central government handles only those matters of common concern EXPRESSLY delegated to it is referred to as a

confederal system.

The federalism of the Constitution

conferred more substantial powers on the national government, at the expense of state powers.

A warrantless search can occur constitutionally if

consent is given.

Warrantless searches are

constitutional under certain circumstances

The meaning of the supremacy clause has been

continuously reinterpreted.

New Deal programs led to an era of federalism often referred to as __________ federalism.

cooperative

An example of an IMPLIED POWER is the federal government's right to:

create a national bank.

The Eighth Amendment prohibits

cruel and unusual punishment.

In "Regents of the University of California v. Bakke", Allan Bakke contended that

he had been the victim of reverse discrimination.

Racial discrimination that results from practice rather than law is called discrimination.

de facto

De facto segregation differs from de jure segregation in that

de facto segregation is not done by the government, and de jure segregation is.

As a result of the Miranda Case:

defendants must be told their rights before being questioned.

In Bradwell v. Illinois (1873), the Supreme Court ruled that the 14th Amendment

did not protect women from discrimination.

The Supreme Court has defined obscenity

differently over time.

In 1969, the Supreme Court fashioned a new test for deciding what types of speech could be regulated by the government. The new test made it more difficult to limit speech due to the requirement of imminent harm. The new test was called

direct incitement.

Federal courts created the doctrine of DUAL FEDERALISM in order to:

distinguish between the powers of the federal and state governments.

Unitary systems:

do not have independent state governments.

The trial of a person for a crime for which he has already been found not guilty is known as

double jeopardy

The doctrine, applied by the Taney Court, that the national government should not exceed its enumerated powers is called

dual federalism.

The Fifth and Fourteenth Amendments provide for

due process of law

Article I, section 8 gives Congress the power to pass all laws "necessary and proper" to carrying out its enumerated powers. This clause is also known as the

elastic clause.

Abolitionists worked towards

ending slavery.

The exclusionary rule holds that

evidence obtained from an illegal search and seizure cannot be used in a trial.

In 1914, the Supreme Court ruled that illegally seized evidence could not be used at trial. This became known as the

exclusionary rule.

In 1972, the Supreme Court expanded on their ruling in Gideon by

expanding right to counsel in offenses less serious than felonies

In 1964, a full decade after Brown v. Board of Education, __________ percent of African American children in the South attended integrated schools.

fewer than 1

In Texas v. Johnson (1989), the Supreme Court ruled that __________ was/were speech protected by the First Amendment.

flag burning

Freedom of religion includes the right:

for any group and/or individual to set themselves up as a religion.

In the 1943 Barnette case, the Supreme Court upheld the right to refuse to salute the American flag on the basis of the constitutional guarantee of

free speech

The clause that ensures that judicial decrees and contracts made in one state will be binding and enforceable in another is called the __________ clause.

full faith and credit

The implied powers of the national government

give elasticity to our constitutional system.

In a confederal political system the central governing unit

has no ability to make laws directly applicable to individuals without the authority of state governments.

The state of Maryland imposed a tax on the Bank of the United States because

it feared an extension of centralized political power.

The Equal Rights Amendment was defeated in 1982 because

it fell short of the thirty-eight states needed for ratification

The Compromise of 1820

kept slavery legal.

During the early years of the 'New Deal,' the attitude of the Supreme Court towards federal economic intervention could be characterized as

laissez-faire.

The first true federal grant program funded

land-grant colleges.

The Bill of Rights was intended to

limit the powers of the national government to infringe on the liberties of citizens.

States may not

make treaties with foreign nations.

Federal grant programs often have the effect of

making it easier for the federal government to impose national goals on the states.

This is not the state power according to the 10th amendment:

making treaties

National laws that direct states or local governments to comply with federal rules and regulations are called

mandates.

In addition to the doctrine of implied powers, Chief Justice Marshall, in his decision in the Supreme Court case of McCulloch v. Maryland (1819), established the key concept of

national supremacy

The amendments that highlight the Anti-Federalist fears of a too-powerful national government are the __________ amendments.

ninth and tenth

Martin Luther King Jr.'s strategy of civil disobedience consisted of

nonviolent breaking of laws perceived to be unjust.

Governments have had difficulty regulating obscenity because the courts have held that

obscenity can be prosecuted, but the definition of obscenity has varied over time and from place to place.

The First Amendment states that "Congress shall make no law abridging freedom of speech." The Supreme Court has ruled that it is constitutional to restrict some types of speech, such as

obscenity.

Where secular law conflicts with religious belief, freedom of religion is

often denied.

The Bill of Rights imposed limits initially

on the national government, but not on state governments.

Federal government obligations to states include all of the following except

organize and hold elections for state office

In Reno v. ACLU, the Court ruled that the 1996 Communications Decency Act violated the First Amendment because it was a content-based blanket restriction. Congress' intent was to protect minors from pornography on the Internet. In response, Congress

passed a new law requiring credit card numbers and access codes for access to sites 'harmful to minors.'

The writ of habeas corpus protects:

persons in confinement.

The method by which the federal government can override state or local actions is called

preemption.

The Framers created the federal system in order to

prevent tyranny by dividing the powers of government.

The judicial doctrine that government cannot prohibit speech or publication before the fact is called

prior restraint

The methods by which a law is enforced involves which type of due process

procedural

When the NAACP began their litigation strategy to end segregation, they chose to begin by challenging segregation in

professional and post-graduate schools.

The Eighth Amendment

prohibits cruel and unusual punishment.

The DUE PROCESS CLAUSE of the Fourteenth Amendment to the U.S. Constitution:

prohibits states from violating certain rights guaranteed by the federal Constitution.

During the early years of the 'New Deal,' the Supreme Court

ruled many programs unconstitutional.

In Regents of the University of California v. Bakke (1978), the Supreme Court ruled that

schools could take race into account but not by strict numerical quotas.

The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called

selective incorporation

The Equal Rights Amendment declared that "equality of rights under the law shall not be denied or abridged by the United States or any State on account of

sex."

In a federal political system, power is

shared between the central government and constituent governments.

The Supreme Court has ruled that a jury trial must be held if a prison sentence of __________ is possible.

six months

The bad tendency doctrine relates to the freedom of

speech

The effect of Reagan's new federalism was

state dependency on federal aid.

Suffrage rights are constitutionally determined by

state governments.

The supremacy clause of the Constitution means

states cannot use their reserved or concurrent powers to thwart national policies.

The Constitution has a long list of federal powers, but few powers are listed for the states. This is because

states had all the power at the writing of the Constitution and a list was deemed unnecessary.

The Tenth Amendment provides for

states' reserve or police powers.

The Sedition Act of 1789 is about:

stirring up rebellion against government; outlaws false, malicious speech against national government

Among the concurrent powers of the U.S. system are

taxation.

In the case of McCulloch v. Maryland, the Supreme Court held

that only when acts of Congress are forbidden by the Constitution are they unconstitutional.

The passage of the Constitution that has generated more litigation than any other is

the 14th Amendment.

The nature of federalism was changed forever by

the Civil War.

Republicans, in 1994, ran for election on a campaign pledge to force a national debate on the role of the national and state governments under the rubric of

the Contract with America.

All citizens are guaranteed the "equal protection of the laws" by

the Fourteenth Amendment.

In 1964, the Johnson administration launched a broad attempt to combat social ills called

the Great Society.

In which case did the Supreme Court rule that under the Fifth Amendment's protection against self-incrimination, suspects must be clearly informed of their rights before they are asked any questions

the Miranda case

Which institution serves as an arbiter or umpire in questions of state versus national power?

the Supreme Court

During the 1960s, in an effort to end segregation, the federal government began encroaching on one of the most sacred areas of state regulation in the federal system,

the conduct of elections.

In Lynch v. Donnelly (1984), the Supreme court upheld placing a publicly funded Christmas Nativity scene on public property on the grounds that

the display celebrated a national holiday and did not have the primary effect of advancing religion.

The Bill of Rights is found in

the first ten amendments.

Geraldine Ferraro is

the first woman to run for vice-president on a major party's ticket

The 13th, 14th, and 15th amendments were very important for:

the freedoms and rights of blacks

States have the right, according to Roe v. Wade, to regulate or outlaw abortions only in the trimester.

third

The federal government has compelled the states to raise their drinking age by

threatening to withhold highway funds.

A major reason for the idea of full faith and credit clause is

to insure that rights established in contracts in one state will be honored by other states.

The basic premise of federalism is that

two or more governments share power over the same land and people.

Many states in the 1990s were unhappy with their position in the federal system due to

unfunded mandates.

Programs passed by Congress requiring state compliance that come with no appropriated funds are called

unfunded mandates.

Under the U.S. Constitution, American Indians are considered to be

unique.

In Minor v. Happersett (1875), the Supreme Court ruled that

voting was not a privilege of citizenship.

In Griswold, the Supreme Court ruled that the First, Third, Fourth, Fifth, and 14th Amendments cast penumbras, thereby creating

zones of privacy.